Where a publicly accessible private street is designated entirely within a zoning lot, the provisions of paragraph (a) of this Section shall apply. Where a publicly accessible private street is designated on two or more zoning lots and the design and construction of adjoining portions of the publicly accessible private street may not be finalized, the provisions of paragraph (b) of this Section shall apply. The provisions of paragraph (b) provide for certification of such portions of a publicly accessible private street in accordance with an interim site plan that satisfies the requirements of the New York City Fire Code; a conceptual plan for portions of the publicly accessible private street on other zoning lots that will be certified and constructed at a later time; and a final site plan, which will either supersede an interim site plan or be guided by a conceptual plan. The provisions of paragraph (c) shall apply to development on a zoning lot that contains any portion of a required publicly accessible private street.

No building permit shall be issued for a development on a zoning lot, containing any portion of a publicly accessible private street, until the Chairperson of the City Planning Commission certifies, in conjunction with a certification pursuant to Section 127-54 (Special Review Provisions) to the Department of Buildings that:

(a)        where the publicly accessible private street is designated on one zoning lot, or where the publicly accessible private street is designated on two or more zoning lots and such publicly accessible private street will be constructed in its entirety concurrently with the applicant’s development, a final site plan has been submitted;

(b)        where the publicly accessible private street is designated on two or more zoning lots and the portion of such publicly accessible private street located outside of the applicant’s property will not be or has not been constructed concurrently with the applicant’s development:

(1)        if no prior certification pursuant to this Section was issued for a portion of the publicly accessible private street on another zoning lot, the Chairperson shall certify that:

(i)        a conceptual plan has been submitted for the publicly accessible private street. In addition, certified mailing of notification that the applicant is seeking to commence construction of such publicly accessible private street shall be given to all other owners whose property contains any remaining portion of such publicly accessible private street, along with a copy of such conceptual plan;

(ii)        a final site plan for the applicant’s zoning lot has been submitted showing compliance with the design standards of Section 127-421 (Requirements for publicly accessible private streets). In addition, where compliance with the fire apparatus access road requirements, set forth in the New York City Fire Code, require modifications to the design standards of Section 127-421, an interim site plan has been submitted that deviates from such design standards to the minimum extent necessary; and

(iii)        the grading proposed in the final site plan, conceptual plan and interim site plan have been certified pursuant to Section 127-61.

Property owners of zoning lots containing any remaining portion of the publicly accessible private street shall have up to 30 days from the date of the applicant’s certified mailing of the notification required in paragraph (b)(1)(i) of this Section to respond to the applicant and to confirm for the Chairperson that the construction of the entire publicly accessible private street is not feasible concurrently with the applicant’s development. In the event that such notified property owners do not respond to the applicant and the Chairperson within the 30-day period, the applicant may proceed with completing this certification. Where a notified property owner responds that it is feasible to complete the portion of the publicly accessible private street on such owner’s zoning lot concurrently with the applicant’s portion, such property owner shall commence certification pursuant to the applicable provisions of this Section within 45 days from the date of submitting such response. In the event such notified property owners do not commence such certification within the 45-day period, the applicant may proceed with completing this certification.

In addition, where construction of publicly accessible private streets will not occur concurrently on the adjoining zoning lot, property owners of zoning lots containing any remaining portion of the publicly accessible private street shall have up to 45 days from the date of submitting their response to comment on any anticipated practical difficulties associated with the proposed location, dimensions and grading specified in the conceptual plan that would preclude the reasonable development of such owner’s property. Any submission of comments to the applicant and Chairperson shall include documentation from a licensed architect, landscape architect, or engineer, as applicable, that demonstrates the reason for such anticipated practical difficulties.

Copies of the approved conceptual plan, as well as the certified interim site plan and final site plan shall be forwarded to all property owners of a zoning lot containing any remaining portion of the publicly accessible private street.

Any portion of the publicly accessible private street constructed in compliance with a certified interim site plan shall be converted to the final design in compliance with the certified final site plan for such portion upon receiving notice from an adjoining property owner as set forth in paragraph (b)(2) of this Section that the remaining portion of the publicly accessible private street has been substantially completed and opened to the public.

(2)        If a prior certification pursuant to paragraph (b)(1) of this Section was issued for a portion of a publicly accessible private street on another zoning lot, the Chairperson shall certify that:

(i)        a final site plan for the applicant’s zoning lot has been submitted that is consistent with the conceptual plan from the prior certification; and

(ii)        the proposed amenities and design elements within the final site plan in the applicant’s portion of a publicly accessible private street shall match or complement those that were previously constructed.

Upon substantial completion by applicant of its portion of the publicly accessible private street that has been constructed pursuant to a certified interim site plan and the opening of such portion to the public, notice shall be provided to any property owner of a zoning lot containing a portion of such publicly accessible private street. Such notice shall be provided to enable such other owner sufficient time, as shall be specified in the restrictive declaration required pursuant to paragraph (c) of this Section, to convert any constructed interim condition and complete the publicly accessible private street in compliance with the previously approved final site plan; and

(c)        a restrictive declaration has been executed and recorded against the applicant’s zoning lot in accordance with the provisions of Section 127-423 (Restrictive declaration). Required site plans, the conceptual plan and a maintenance and capital repair plan for the publicly accessible private street shall be included as exhibits to the restrictive declaration.

No temporary or final certificate of occupancy shall be issued until the Chairperson of the City Planning Commission notifies the Department of Buildings that the proposed publicly accessible private street, or portion thereof, has been substantially completed in compliance with the certified interim site plan or final site plan, and is open to the public. In addition, where a property owner seeks certification pursuant to paragraph (b)(2) of this Section, no temporary or final certificate of occupancy shall be issued until interim portions of the publicly accessible private street are completed in compliance with the previously approved final site plan for such portions.