Upon application, the Chairperson of the City Planning Commission shall certify that a food store use is a FRESH food store, provided that:

(a)        drawings have been submitted to the Chairperson that clearly specify:

(1)        all floor area or cellar space utilized as a FRESH food store, showing in the form of an illustrative layout that such designated space is designed and arranged to meet the requirements for perishable and non-perishable food products, pursuant to Section 63-01;

(2)        all floor area that will result from any permitted increase in floor area, pursuant to Section 63-21, including the location of such floor area;

(3)        the size, format and location of the required sign, pursuant to Section 63-12, including detailed information about dimensions of the sign, lettering, color and materials; and

(4)        the location of the ground floor level street wall fronting upon a primary street frontage, pursuant to Section 63-23;

(b)        a signed lease or written commitment from the prospective operator of the FRESH food store has been provided in a form acceptable to the Chairperson for utilization of such floor area or cellar space and its operation as a FRESH food store; and

(c)        for zoning lots containing increased residential floor area generated pursuant to Section 63-21 (Special Floor Area Regulations), a legal commitment, in the form of a declaration of restrictions has been executed, in a form acceptable to the Department of City Planning, binding upon the owner and its successor and assigns, and providing for continued utilization of all floor area or cellar space as a FRESH food store, the operation of which shall commence within a reasonable period following the issuance of a temporary certificate of occupancy for the floor area or cellar space to be utilized by the FRESH food store.

Such declaration of restrictions shall provide that the legal commitment for continued occupancy of the floor area or cellar space as a FRESH food store shall not apply during any:

(1)        six (6) month period from the date such floor area or cellar space is vacated by the operator, provided that the owner timely notifies the Department of City Planning of such vacancy in accordance with the requirements of the restrictive declaration; or

(2)        event of force majeure, as determined by the Chairperson.

The filing and recordation of the declaration of restrictions in the Office of the City Register of the City of New York against all tax lots comprising the FRESH food store, and receipt of proof of recordation of such declaration in a form acceptable to the Department, shall be a precondition to certification by the Chairperson.

Certification by the Chairperson shall be a precondition to the issuance of any building permit, including any foundation or alteration permit, for any development, enlargement or change of use under this Chapter.

Changes to the store layout of a FRESH food store that has been constructed pursuant to a previous certification under this Section, where such changes result in a FRESH food store that continues to comply with the requirements of this Chapter, shall not require subsequent certification by the Chairperson under this Section. FRESH food stores certified prior to December 15, 2021, that do not comply with paragraph (c) of the definition of FRESH food store may change the floor layout provided that there is no increase in the degree of non-compliance with such requirement.

A copy of an application for certification pursuant to this Section shall be sent by the Department of City Planning to the affected Community Board, which may review such proposal and submit comments to the Chairperson. If the Community Board elects to comment on such application, it must be done within 45 days of receipt of such application. The Chairperson will not act on such application until the Community Board’s comments have been received, or the 45-day comment period has expired, whichever is earlier.

For zoning lots containing increased residential floor area generated pursuant to Section 63-21 (Special Floor Area Regulations), if a development or horizontal enlargement fails to comply with the provisions of Section 11-331 (Right to construct if foundations completed) with respect to completion of foundations within four years of the date of certification pursuant to this Section, such certification and such building permit shall lapse, and any new building permit will require a new certification pursuant to this Section.