In conjunction with a certification pursuant to Section 62-811 (Waterfront public access and visual corridors), the Chairperson of the City Planning Commission shall further certify that:

(a)        where an upland connection is designated on two or more parcels and the portion of such upland connection located outside of the applicant’s parcel will not be constructed concurrently with the applicant’s development:

(1)        if no prior certification pursuant to this Section was issued for a portion of an upland connection on another parcel, the Chairperson shall certify that:

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

(ii)        a site plan has been submitted, specifying the location, dimensions and grading of the portion of the upland connection to be constructed on the applicant’s zoning lot. Such site plan shall demonstrate compliance with the requirements of paragraph (b) of Section 127-532 (Upland connections); and

(iii)        the grading proposed in the conceptual plan has been certified pursuant to Section 127-61.

Property owners of the parcel containing a remaining portion of the upland connection shall have up to 30 days from the applicant’s certified mailing of the notification required in paragraph (a)(1)(i) of this Section to respond to the applicant and to confirm for the Chairperson that the construction of the entire upland connection is not feasible concurrently with the applicant’s development. In the event 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 upland connection on their parcels concurrently with the applicant’s development, 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 the upland connection will not occur concurrently, property owners of parcels containing a remaining portion of the upland connection 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 parcel. 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 any property owner of a parcel containing the remaining portion of the upland connection.

Any portion of the upland connection 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 (a)(2) of this Section that the remaining portion of the upland connection has been substantially completed and is accessible to the public.

(2)        If a prior certification pursuant to paragraph (a)(1) of this Section was issued for a portion of the upland connection on another parcel, the Chairperson shall certify that:

(i)        a final site plan for the applicant’s parcel 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 for the applicant’s portion of the upland connection shall match or complement those that were previously constructed.

Notice shall be provided to any property owner of a parcel containing a portion of the upland connection that has been constructed pursuant to a certified interim site plan upon the applicant substantially completing its portion of the upland connection and making such portion accessible to the public. Such notice shall be provided to enable such other owner sufficient time, as shall be specified in the restrictive declaration required pursuant to this paragraph (a), to convert any constructed interim condition and complete the upland connection in compliance with the previously approved final site plan.

A restrictive declaration shall be executed and recorded against the corresponding zoning lot of the applicant’s parcel, in accordance with the provisions of Section 62-74 (Requirements for Recordation). Required site plans, the conceptual plan and a maintenance and capital repair plan for the upland connection 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 upland connection, 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 sought certification pursuant to paragraph (a)(2) of this Section, no temporary or final certificate of occupancy shall be issued until interim portions of the upland connection are completed in compliance with the previously approved the final site plan for such portions.

(b)        For phased implementation of waterfront public access areas pursuant to Section 127-533 (Phased development of waterfront public access areas), a plan has been submitted that complies with the required amount of waterfront public access area at each development phase pursuant to Section 127-533.

To ensure the provision of waterfront public access areas for phased developments occurring in Phase I, as specified on Map 7 (Waterfront Access Plan: Phase I Waterfront Public Access Improvements) in the Appendix to this Chapter, no temporary certificate of occupancy shall be issued for any development on the upland portion of each parcel that is bounded by publicly accessible private streets or streets until all required sections of waterfront public access areas designated on Map 7 have been substantially completed pursuant to the design requirements of Section 127-533.

For Phase II subsequent development occurring on the seaward portion of Parcels 4, 5 or 7, bounded by both the shoreline and publicly accessible private streets, all remaining waterfront public access areas, as specified on Map 8 (Waterfront Access Plan: Phase II Waterfront Public Access Improvements), shall be substantially completed pursuant to the design requirements of Section 127-533, prior to the issuance of a temporary or final certificate of occupancy. However, 50 percent of the floor area of any subsequent development on Parcels 4 and 5 may receive a temporary certificate of occupancy upon the completion of the required shore public walkway as designated on such parcel. A temporary or final certificate of occupancy for the remaining 50 percent of the floor area on Parcels 4 and 5 shall not be issued until all required waterfront public access areas pursuant to Map 8 are substantially complete.

An alternate location for the required section of an upland connection on Parcel 4 may be provided in Phase I, as specified in Map 7, in the event that Parcel 5 has substantially completed all of the required waterfront public access areas prior to partial development on the upland portion of Parcel 4. Where such alternate location is provided in Phase I, any subsequent development on Parcel 4 may only receive a temporary or final certificate of occupancy upon substantial completion of all required waterfront public access areas designated on Map 8.

A certification will be granted on condition that an acceptable restrictive declaration is executed and filed pursuant to Section 62-74 (Requirements for Recordation).