The provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area) shall be modified in the area comprising the Gowanus Canal Waterfront Access Plan by the provisions of this Section.

(a)        All waterfront public access areas

(1)        Balconies

Balconies complying with the provisions of Section 23-132 (Balconies in R6 through R10 Districts) shall be permitted obstructions in waterfront public access areas, provided the depth of obstruction is limited to four feet, and provided they are located at or above the floor level of the third story above grade of the building.

(2)        Sun control devices

Awnings and other sun control devices shall be permitted obstructions in waterfront public access areas. However, when located at a level higher than the first story, excluding a basement, all such devices:

(i)        shall be limited to a maximum projection from a building wall of 2 feet, 6 inches; and

(ii)        shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the building wall (as viewed in elevation) from which they project.

(3)        Kiosks

Where a supplemental public access area exceeds 15,000 square feet, a kiosk shall be a permitted obstruction in such supplemental public access area with an area up to 400 square feet, including roofed areas.

(b)        Shore public walkways

(1)        Width of circulation paths

Shore public walkways shall provide a required circulation path with a minimum clear width of 10 feet. Secondary paths, where provided, shall have a minimum clear width of at least 4 feet, 6 inches.

(2)        Level of circulation paths

At least 80 percent of a required circulation path shall be located at a level no less than six feet above the shoreline. However, up to 40 percent of such required circulation path may be provided below such level when providing access to a “get-down” located no more than two feet above the level of the shoreline.

(3)        Access to circulation paths

The provisions of paragraph (a)(1) of Section 62-62 (Design Requirements for Shore Public Walkways and Supplemental Public Access Areas) shall apply, except that where a shore public walkway is on a zoning lot that is adjacent to a zoning lot which has not been improved with a shore public walkway, the portion of the circulation path that terminates at the common zoning lot line may be located within 40 feet of the shoreline.

In addition, for zoning lots adjoining streets containing bridge structures, the required connection of circulation paths to such a street may be waived by certification by the Department of Transportation, pursuant to Section 139-44 (Bridge Connection Requirements).

(4)        Grading

The provisions of paragraph (d)(2) of Section 62-61 (General Provisions Applying to Waterfront Public Access Areas) shall be modified so that within five feet of the edge of any planting area, the grade level of such planting area shall be no more than 36 inches higher or lower than the adjoining level of the pedestrian circulation path.

(c)        Supplemental public access areas

(1)        Required Area

The provisions of Section 62-57 (Requirements for Supplemental Public Access Areas) are modified so that, in mixed use districts, a total waterfront public access area equivalent to 20 percent of the lot area is required.

(2)        Lawns

The provisions of paragraph (c)(1) of Section 62-62 shall be modified so that a lawn shall only be required where a supplemental public access area is greater than 15,000 square feet. The Commission may authorize use of artificial turf within a lawn pursuant to Section 62-822 (Modification of waterfront public access areas and visual corridor requirements).

Where required, a lawn may be substituted for an athletic field of equivalent size, which may be unplanted, and shall be suitable for active recreational use.

(3)        Comfort stations

Where a publicly accessible comfort station is provided as part of a development, the amount of supplemental public access area may be reduced by an amount equal to the size of the comfort station, provided that:

(i)        the comfort station has an entrance fronting upon a waterfront public access area; and

(ii)        a restrictive declaration, acceptable to the Department of City Planning and Department of Parks and Recreation, shall be executed and recorded, binding the owners, successors and assigns to provide and maintain such comfort station for the life of the development.

(d)        Screening

Wherever a screening buffer is required to be provided, the minimum width of such buffer shall be four feet.

In addition to the waiver allowances of paragraph (c)(2)(iii) of Section 62-62, no screening buffer shall be required along the upland boundary, or portion thereof, which is adjacent to an unenclosed seating area accessory to a Gowanus retail and entertainment use. Where a screening buffer is so waived, design features shall be utilized to demarcate the shore public walkway or supplemental public access area from the non-publicly accessible area, which may include, but shall not be limited to, railings, fences, planting boxes, and distinct paving materials.

(e)        Street treatment

For streets, or portions thereof, located within the Gowanus Canal Waterfront Access Plan, the portion of the street that is adjacent to a shore public walkway shall be improved as upland access, for a depth equivalent to the adjacent shore public walkway. This upland access area shall be designed to include, at a minimum, the following design elements:

(1)        a foot path with a minimum clear width of ten feet, providing a connection to both the sidewalk located in the street as well as to the adjacent zoning lot;

(2)        eight linear feet of seating complying with Section 62-652 (Seating) for every 30 feet of shoreline upon which the street fronts; and

(3)        planted areas, containing planting or trees complying with Section 62-655 (Planting and trees) and occupying no less than 25 percent of the continuation area.

The provisions of this paragraph (e) shall not apply to portions of streets which will be improved pursuant to a site plan approved prior to November 23, 2021.

(f)        Bulkheads

Wherever the United States Environmental Protection Agency requires the installation of a bulkhead in a location seaward of the zoning lot line, the area located between the lot line and bulkhead may be utilized for the purposes of satisfying the waterfront public access area requirements of the zoning lot. Where the provisions of this paragraph (f) are utilized, the location of the bulkhead shall be considered the shoreline for the purposes of providing the required waterfront public access areas.

(g)        Issuance of foundation permits

Notwithstanding the provisions of Section 62-811 (Waterfront public access and visual corridors), within 18 months of November 23, 2021, a foundation permit may be issued for any development within the Waterfront Access Plan, upon certification by the Chairperson of the City Planning Commission to the Department of Buildings or Department of Business Services, as applicable, that:

(1)         a remedial action plan has been submitted to the Office of Environmental Remediation or the New York State Department of Environmental Conservation, which includes the zoning lot containing the development; and

(2)        a site plan has been submitted to the Department of City Planning, depicting that the proposed foundation will not conflict with the basic dimensional requirements of any required waterfront public access area or visual corridor, and, in addition, that the proposed foundation shall not conflict with any of the site-specific provisions below, based on the applicable Parcel number and Type:

(i)        Type 1

For developments on Parcels 1, 2, 3, and 9, the site plan shall additionally designate all other potential locations where a supplemental public access area could be located, including:

(a)        adjoining each street abutting the shore public walkway; and

(b)        adjoining the shore public walkway.

In addition, for all developments on zoning lots which are not coterminous with the Parcel boundary, the waterfront public access area requirement for the depicted zoning lot shall be based on the combined lot area of the entire Parcel.

(ii)        Type 2

For developments on Parcels 4, 5, and 12a, the site plan shall additionally designate any area located landward of the shore public walkway as necessary to achieve a 50-foot buffer from the shoreline.

(iii)        Type 3

For developments on Parcels 6a, 6b, 8a, 8b, 8d, 11, 13, 14, 15, and 17, where the developments are on zoning lots which are not coterminous with the Parcel boundary, the waterfront public access area requirement for the depicted zoning lot shall be based on the combined lot area of the entire Parcel.

An application made pursuant to this paragraph (g) shall include a survey of the zoning lot and additional documentation set forth Section 62-80 (SPECIAL REVIEW PROVISIONS), inclusive. Except for excavation and foundation permits permitted by this paragraph (g), no other building permits shall be issued except pursuant to Section 62-811.