Mandatory public access areas in connection with any development or enlargement shall be provided in accordance with the provisions of paragraphs (a) through (c) of this Section. The phasing of public access areas shall be permitted in accordance with paragraph (d). Developments or enlargements that are exempt from public access area requirements are set forth in paragraph (e).

(a)        Navy Street Central Subarea

A public access area in an amount equal to at least 15 percent of the lot area of the Navy Street Central Subarea shall be provided within the boundaries of such Subarea. The required public access area shall have a minimum dimension, in all directions, of 50 feet for at least 80 percent of the public access area and shall have no dimension of less than 30 feet for the remainder of the required public access area.

(b)        Flushing East Subarea

A public access area with a minimum depth of 50 feet, as measured perpendicular to the street line of Flushing Avenue, shall be provided within the boundaries of such Subarea along the entire length of the street wall line adjacent to the development or enlargement, and shall extend to the nearest view corridors depicted on Map 4 (Flushing Avenue Subareas and View Corridors) of this Chapter, and for developments or enlargements located east of the Waverly Avenue view corridor, to the boundary of the prolongation of Washington Avenue.

(c)        Barge Basin East and West Subareas

A public access area in an amount of at least 30 percent of the lot area of Barge Basin East Subarea, and a public access area in an amount of at least 20 percent of the lot area of Barge Basin West Subarea shall be provided within such respective Subareas.

Such public access areas shall consist of:

(1)        in the Barge Basin East Subarea, a pedestrian esplanade with a seaward edge contiguous with the eastern edge of the Barge Basin and a minimum width of 40 feet, as measured perpendicular to such edge, and in the Barge Basin West Subarea, a pedestrian esplanade with a seaward edge contiguous with the western edge of the Barge Basin and a minimum width of 50 feet, as measured perpendicular to such edge;

(2)        in the Barge Basin East Subarea, a pedestrian connection with a minimum width of 30 feet located along the shared boundary between the Barge Basin East Subarea and the contiguous property to the northeast connecting the Kent Avenue and the eastern portion of the pedestrian esplanade required by this Section;

(3)        in the Barge Basin East Subarea, a pedestrian connection with a minimum width of 60 feet, located within 150 feet of the southern boundary of the Barge Basin East Subarea and connecting Kent Avenue and the pedestrian esplanade required by this Section;

(4)        in the Barge Basin West Subarea, an esplanade entry area at the southern end of the Barge Basin West Subarea, having a minimum width of 60 feet and a minimum length of 30 feet measured parallel to the western edge of the Barge Basin; and

(5)        any supplemental publicly accessible space contiguous to one or more of the elements set forth above as may be required to achieve the required percentage of publicly accessible area.

(d)        Public Access Area Phasing

Where the Navy Street, Barge Basin East and Barge Basin West Subareas are developed with more than one building or enlarged in phases, or there is an increase in building lot coverage, the mandatory public access area may be constructed in phases, provided that, at the completion of each phase by certification of the Chairperson of the City Planning Commission, the following criteria are met:

(1)        the square footage of public access area being provided in any phase shall be in proportion to the total public access requirement based on the area of the Subarea being developed or enlarged as compared to the lot coverage of the Subarea. Any public access area provided in an earlier phase in excess of the amount required for such phase may be applied to a later phase;

(2)        the public access area being proposed in any phase shall not prevent the total amount of public access area required for a Subarea from being achieved;

(3)        any phased portion of the required public access area shall comply with the minimum widths and other dimensions required for the public access areas;

(4)        any phased portion of the required public access area shall connect directly to either a street or an improved public access area;

(5)        in the Barge Basin West Subarea:

(i)        public access to be provided shall include the portion of the required public access area located between the development or enlargement and the Barge Basin; and

(ii)        where any development or enlargement included in a phase is located within 100 feet of the southern boundary of the Subarea, the public access area shall also include the required public access area between the southern boundary and the development or enlargement; and

(6)        a proportionate amount of planting shall be included within each phase.

(e)        Exceptions to Public Access Area Requirements for Minor Developments

The public access area requirements of paragraphs (a) through (d) of this Section shall not apply to any development or enlargement where:

(1)        the additional floor area created through such development or enlargement in the respective Subarea, as compared to the floor area existing on December 15, 2021, does not exceed:

(i)        10,000 square feet in either the Barge Basin East or the Navy Street Central Subareas; or

(ii)        20,000 square feet in either the Barge Basin West or Flushing East Subareas;

(2)        such floor area is allocated exclusively to uses in Use Group 11, 16, 17, or 18; and

(3)        such floor area is not located within the boundaries of designated public access areas required pursuant to this Section or, if located in the Navy Street Central Subarea, is not within 50 feet of a street.