The following definitions shall apply throughout Section 37-30 (SPECIAL GROUND FLOOR LEVEL STREETSCAPE PROVISIONS FOR CERTAIN AREAS), inclusive. Additional defined terms in this Section include those in Section 12-10 and Section 32-301.

Designated frontage

For the purposes of Section 37-30, inclusive, a “designated frontage” shall be the portion of the ground floor level street frontage along a street, public access area, or other frontage specifically designated by a Special Purpose District or other provision of this Resolution. Where a designated frontage is not a street, references to street walls shall apply to the building wall facing the designated frontage.

Designated frontages include primary frontages or secondary frontages.
 

Primary frontage

For the purposes of Section 37-30, inclusive, a “primary frontage” shall be the portion of the ground floor level designated frontage along any of the following:

1. a wide street;
2. a narrow street where a Commercial District is mapped along an entire block# frontage; or
3. another frontage specifically designated as a primary frontage in a Special Purpose District or other streetscape provision of this Resolution.
    

Secondary frontage

For the purposes of Section 37-30, inclusive, a “secondary frontage” shall be the portion of a ground floor level designated frontage, subject to the provisions of Section 37-30, inclusive, that is not a primary frontage.

The height and width of blank walls and the applicable percent coverage of mitigation elements are set forth in this Section. Blank wall surfaces shall be calculated on the ground floor level street wall except in the flood zone, blank wall surfaces shall be calculated between the level of the adjoining sidewalk and the level of the first story above the flood elevation as defined in Section 64-11 (Definitions).

The different types of blank walls are established below and the type of blank wall that applies is determined by the provisions of each applicable Section.

(a)        Type 1

Where Type 1 blank wall provisions apply, a “blank wall” shall be a street wall, or portions thereof, where no transparent materials or entrances or exits are provided below a height of four feet above the level of the adjoining sidewalk, or grade, as applicable, for a continuous width of at least 50 feet.

For such blank walls, at least 70 percent of the surface or linear footage of the blank wall, as applicable, shall be covered by one or more of the options described in Section 37-362 (Mitigation elements).

The maximum width of a portion of such blank wall without visual mitigation elements shall not exceed 10 feet. In addition, where such blank wall exceeds a street wall width of 50 feet, such rules shall be applied separately for each 50-foot interval.

(b)        Type 2

Where Type 2 blank wall provisions apply, a “blank wall” shall be a street wall, or portions thereof, where no transparent materials or entrances or exits are provided below a height of four feet above the level of the adjoining sidewalk, or grade, as applicable, for a continuous width of at least 25 feet.

For such blank walls, at least 70 percent of the surface or linear footage of the blank wall, as applicable, shall be covered by one or more of the options described in Section 37-362. In addition, where such blank wall exceeds a street wall width of 50 feet, such rules shall be applied separately for each 50-foot interval.

(c)        Type 3 or Type 4

Where Type 3 or Type 4 blank wall provisions apply, a “blank wall” shall be a street wall, or portions thereof, where no transparent materials or entrances or exits are provided below a height of four feet above the level of the adjoining sidewalk, or grade, as applicable, for a continuous width of at least 15 feet for Type 3 or for a continuous width of at least five feet for Type 4.

For such blank walls, at least 70 percent of the surface or linear footage of the blank wall, as applicable, shall be covered by one or more of the options described in Section 37-362. In addition, where such blank wall exceeds a street wall width of 25 feet, such rules shall be applied separately for each 25-foot interval.

The following mitigation elements shall be provided on the zoning lot, except where such elements are permitted within the street under other applicable laws or regulations.

(a)        Surface treatment

Where utilized as a visual mitigation element the following shall apply:

(1)        Wall treatment

Wall treatment, in the form of permitted signs, graphic or sculptural art, decorative screening or latticework, or living plant material shall be provided along the street wall. Each linear foot of wall treatment shall constitute one linear foot of the mitigation requirement.

(2)        Surface texture

Surface texture that recesses or projects a minimum of one inch from the remaining surface of the street wall shall be provided. The height or width of any individual area that recesses or projects shall not be greater than 18 inches. Each linear foot of wall treatment shall constitute one linear foot of the mitigation requirement.

(b)        Linear treatment

Where utilized as a visual mitigation element the following shall apply:

(1)        Planting

Planting, in the form of any combination of perennials, annual flowers, decorative grasses or shrubs, shall be provided in planting beds, raised planting beds or planter boxes in front of the street wall. Each foot in width of a planting bed, raised planting bed or planter box, as measured parallel to the street wall, shall satisfy one linear foot of the mitigation requirement. Such planting bed, or planter boxes shall extend to a depth of at least three feet, inclusive of any structure containing the planted material. Any individual planted area, including planters spaced not more than one foot apart, shall have a width of at least five feet.

(2)        Benches

Fixed benches, with or without backs, shall be provided in front of the street wall. Unobstructed access shall be provided between such benches and an adjoining sidewalk or required circulation paths. Each linear foot of bench, as measured parallel to the street wall, shall satisfy one linear foot of the mitigation requirement. Any individual bench shall have a width of at least five feet and no more than 20 feet of benches may be used to fulfill such requirement per 50 feet of frontage.

(3)        Bicycle racks

Bicycle racks, sufficient to accommodate at least two bicycles, shall be provided in front of the street wall as follows. No more than three bicycle racks may be used to fulfill such requirement per 50 feet of frontage.

(i)        Where bicycle racks are oriented so that the bicycles are placed parallel to the street wall, each bicycle rack so provided shall satisfy five linear feet of the mitigation requirement.

(ii)        Where bicycle racks are oriented so that bicycles are placed perpendicular or diagonal to the street wall, each bicycle rack so provided shall satisfy the width of such rack, as measured parallel to the street wall, of the mitigation requirement.

(4)        Tables and chairs

In Commercial Districts and M1 Districts, fixed tables and chairs shall be provided in front of the street wall. Each table shall have a minimum diameter of two feet and have a minimum of two chairs associated with it. Each table and chair set so provided shall satisfy five linear feet of the mitigation requirement.

Any existing open area for which a floor area bonus has not been utilized that occupies the same zoning lot as an existing plaza, residential plaza or urban plaza, for which a floor area bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such floor area bonus was granted.

No existing plaza, residential plaza or urban plaza shall be eliminated or reduced in size except by special permit of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

The City Planning Commission may, upon application, authorize the closing during certain nighttime hours of an existing plaza, residential plaza or urban plaza for which a floor area bonus has been received, pursuant to Section 37-727 (Hours of access).

Kiosks and open air cafes may be placed within an existing plaza, residential plaza or urban plaza upon certification by the Chairperson of the City Planning Commission, pursuant to Section 37-73 (Kiosks and Open Air Cafes).

Except as otherwise provided in Sections 74-41 (Arenas, Auditoriums, Stadiums or Trade Expositions), 91-83 (Retail Uses Within Existing Arcades) and 91-841 (Authorization for retail uses within existing arcades), design changes to existing plazas, residential plazas or urban plazas may be made only upon certification by the Chairperson of the City Planning Commission that such changes would result in a plaza, residential plaza or urban plaza that is in greater accordance with the standards set forth in Section 37-70 (PUBLIC PLAZAS), inclusive. The provisions of Section 37-78 (Compliance), other than paragraph (e) (Special regulations for an urban plaza in the Special Lower Manhattan District), shall be made applicable to such plaza, residential plaza or urban plaza.

Publicly accessible tables and chairs shall be considered permitted obstructions within plazas that have not received a certification by the Chairperson of the City Planning Commission pursuant to Section 37-625 (Design changes), provided that such obstructions comply with the provisions of this Section.

The following provisions shall apply to all tables and chairs permitted by this Section.

(a)        General requirements

Tables and chairs provided pursuant to this Section may be used by the public without restriction. All furnishings shall be moveable and made of high quality and durable materials. Tables and chairs shall not be chained, fixed, or otherwise secured between the hours of 7:00 a.m. and 9:00 p.m., and may be stored or secured between the hours of 9:00 p.m. and 7:00 a.m.

(b)        Circulation requirements for tables and chairs

No furnishings, including storage of furnishings, shall be permitted within five feet of any building entrance, nor shall they be permitted within any required circulation paths. For plazas with a depth of 10 feet or less, as measured perpendicular from the street line, an unobstructed path of not less than three feet wide shall be provided, and for those with a depth greater than 10 feet, the width of such unobstructed path shall be increased to at least six feet.

Corner public plaza

A “corner public plaza” is a public plaza that is located on an intersection of two or more streets.

Through block public plaza

A “through block public plaza” is a public plaza or portion of a public plaza that is not a corner public plaza and that connects two streets that are parallel or within 45 degrees of being parallel to each other.

A public plaza shall contain an area of not less than 2,000 square feet. In no case shall spaces between existing buildings remaining on the zoning lot qualify as public plazas. In addition, in order to preserve the provisions relating to the boundaries, proportions and obstructions of public plazas, on any one zoning lot, an open area which does not qualify for bonus floor area may not be located between two public plazas, or between a public plaza and a building wall or arcade.

Any non-bonused open area located adjacent to a public plaza, other than an open area bounding a street line used for pedestrian access, must either:

(a)        be separated from the public plaza by a buffer, such as a wall, decorative fence, or opaque plantings at least six feet in height; or

(b)        meet all requirements for minor portions of public plazas related to size, configuration, orientation, as specified in Section 37-716.

No public plaza, or portion thereof, shall be located within 175 feet of an existing publicly accessible open area or public park as measured along the street line on which the existing amenity fronts if the public plaza is to be located on the same side of the street, or as measured along the directly opposite street line if the public plaza is to be located on the other side of the street. Such distance shall include the width of any street that intersects the street on which the amenity fronts. However, such location restriction may be waived if the public plaza is located directly across the street from the existing publicly accessible open area or public park and if the Chairperson of the City Planning Commission finds that the location of the public plaza at such location would create or contribute to a pedestrian circulation network connecting the two or more open areas.

Additional provisions regarding the location of a public plaza are set forth in the Special Midtown District, the Special Lower Manhattan District and the Special Downtown Brooklyn District.

For purposes of the orientation requirements, a "north-facing," "south-facing," "east-facing" or "west-facing" street line means a street line facing within 45 degrees of the direction indicated. To front on a street means to be contiguous to the street line or to a sidewalk widening along the street line.

(a)        Where the major portion of a public plaza fronts on only one street line, such major portion is not permitted to front on a north-facing street line of a zoning lot.

(b)        No major portion of a public plaza shall only front on a west-facing street line or an east-facing street line if the zoning lot also has frontage that is 40 feet or more in length on a south-facing street line.

(c)        A corner public plaza must have its major portion, as defined in paragraph (b) of Section 37-715, front on the south-facing street line. In the case of a zoning lot having frontage on a south-facing street line of less than 40 feet, or having its frontage at the intersection of a north-facing street line with either an east- or west-facing street line, the major portion must front on the east- or west-facing street line.

However, the orientation restrictions may be modified if the Chairperson of the City Planning Commission finds that the orientation regulations would conflict with mandatory street wall regulations or that the modifications would result in better access to light and air for the public plaza.

The major portion of a public plaza is the largest area of the public plaza and the area of primary use. Major portions shall be generally regular in shape, easily and directly accessible from adjoining buildings and public spaces, and continuously visible from within all portions of the public plaza and from adjoining public spaces. Major portions shall occupy no less than 75 percent of the total public plaza area.

(a)        All contiguous public plaza areas on a zoning lot shall be considered as one public plaza.

(b)        The shape and dimensions of a public plaza shall be such that all points within the major portion shall be visible when viewed perpendicular from each adjacent street. Corner public plazas that front on two streets that do not meet at a 90 degree angle must be fully visible when viewed perpendicular from one adjoining street and at least 50 percent of the public plaza must be visible when viewed perpendicular to the other adjoining street. For the purposes of this regulation, points that when viewed in plan may be joined by a straight line shall be considered visible one from the other; visibility between points shall not be affected by permitted obstructions or by changes of grade. Points within public plazas that front on three intersecting streets shall be treated as two corner public plazas.

The major portion of a public plaza shall be at least 75 percent of the public plaza's total area, except that in the case of a through block public plaza, pursuant to Section 37-717, a line drawn within 25 feet of the midblock line shall divide the through block public plaza into two areas that must separately meet all requirements of the public plaza regulations. The major portion of the public plaza shall be subject to the proportional requirements set forth in paragraphs (c) and (d) of this Section.

(c)        The major portion of a public plaza shall have a minimum average width and depth of 40 feet. For public plazas that front on only one street, no more than 20 percent of the public plaza area may have a width of less than 40 feet. Dimensions shall be measured parallel and perpendicular to the street line on which the public plaza fronts.

(d)        For major portions of public plazas, the maximum width measured parallel to any one street shall not be greater than three times the average depth of the public plaza measured perpendicular to the street line or the average width measured parallel to any one street shall not be greater than three times the maximum depth of the public plaza measured perpendicular to the street line.

Minor portions of public plazas are secondary areas that allow for additional flexibility in the shape and configuration of a public plaza. Minor portions shall not occupy more than 25 percent of the total area of the public plaza. The width of a minor portion shall be measured parallel to the line separating the major and minor portions. The depth of a minor portion shall be measured perpendicular to the line separating the major and minor portions. The provisions of Section 37-715 (Requirements for major portions of public plazas) shall not apply to such minor portions and the following regulations shall apply:

(a)        The minor portion shall have a minimum average width and depth of 15 feet.

(b)        The minor portion must be directly adjacent to the major portion.

(c)        All points within the minor portion must be visible from within the major portion when viewed perpendicular to the line separating the major and minor portions.

(d)        The minor portion must front directly on a street adjoining the major portion, unless the minor portion has:

(1)        a width to depth ratio of at least 3:1; and

(2)        its longest dimension contiguous with the major portion.

Through block public plazas shall be treated as two public plazas separated at a line drawn within 25 feet of the midblock line.

Where any building wall or walls adjoin a through block public plaza or through block portion of a public plaza and where such wall or walls exceed 120 feet aggregate length, a minimum 10 foot setback at a height between 60 and 90 feet is required for the full length of the building wall.

Through block public plazas shall contain a circulation path at least 10 feet in width, connecting the two streets on which the public plaza fronts, as specified in Section 37-723.

The paving of the public plaza shall be of non-skid durable materials that are decorative and compatible in color and pattern with other design features of the public plaza.

To facilitate pedestrian access to a public plaza, the following rules shall apply to the area of the public plaza located within 15 feet of a street line or sidewalk widening line:

(a)        At least 50 percent of such area shall be free of obstructions and comply with the following provisions:

(1)        at least 50 percent of the public plaza frontage along each street line or sidewalk widening line shall be free of obstructions; and

(2)        such unobstructed access area shall extend to a depth of 15 feet measured perpendicular to the street line. The width of such access area need not be contiguous provided that no portion of such area shall have a width of less than five feet measured parallel to the street line, and at least one portion of such area shall have a width of at least eight feet measured parallel to the street line.

(b)        In the remaining 50 percent of such area, only those obstructions listed in Section 37-726 (Permitted obstructions) shall be allowed, provided such obstructions are not higher than two feet above the level of the public sidewalk fronting the public plaza, except for light stanchions, public space signage, railings for steps, qualifying exterior wall thickness pursuant to Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), trash receptacles, trees and fixed or moveable seating and tables. Furthermore, planting walls or trellises, water features and artwork may exceed a height of two feet when located within three feet of a wall bounding the public plaza.

For corner public plazas, the requirements of this Section shall apply separately to each street frontage, and the area within 15 feet of the intersection of any two or more streets on which the public plaza fronts shall be at the same elevation as the adjoining public sidewalk and shall be free of obstructions.

The level of a public plaza, inclusive of major and minor portions, shall not at any point be less than the average elevation of curb level of the nearest adjoining street nor more than two feet above the average curb level of the nearest adjoining street in front of the major and minor portions of the public plaza. However, a public plaza with an area of 10,000 square feet or more may additionally have a maximum of 20 percent of its area at an elevation more than two feet above, but not more than four feet above curb level of the nearest adjoining street in front of the major and minor portions of the public plaza, provided that such higher portion may not be located within 25 feet of any street line. Public plazas that front on streets with slopes greater than 2.5 percent along the frontage of the public plaza may not at any point be more than one foot below the curb level of the adjoining street.

Circulation paths within public plazas shall provide for unobstructed pedestrian circulation throughout the minor and major portions of the public plaza and shall, at a minimum, connect all streets on which the public plaza fronts and all major elements of the public plaza, including seating areas, building entrances, approved open air cafes and kiosks, and significant design features of the public plaza. A minimum of one such circulation path shall be provided of at least eight feet clear width. Circulation paths shall extend to at least 80 percent of the depth of the major portion of the public plaza, measured perpendicular from each street line. Through block public plazas shall provide at least one circulation path with a minimum width of 10 feet connecting each street on which the public plaza fronts. Trees planted flush to grade, light stanchions, trash receptacles, and public space signage shall be considered permitted obstructions within circulation paths; however, all trees located within circulation paths must comply with the regulations for flush-to-grade trees in Section 37-742.

Where an entry to a subway station exists in the sidewalk area of a street on which a public plaza fronts and such entry is not replaced within the public plaza itself, the public plaza shall be at the same elevation as the adjacent sidewalk for a distance of at least 15 feet in all directions from the entry superstructure. Such public plaza area around a subway entry shall be free of all obstructions and may count towards the required clear area requirements as specified in Section 37-721 (Sidewalk frontage).

Any steps provided within the public plaza must have a minimum height of four inches and a maximum height of six inches. Steps must have a minimum tread of 17 inches; steps with a height of five inches, however, may have a minimum tread of 15 inches.

(a)        Public plazas shall be open to the sky and unobstructed except for the following features, equipment and appurtenances normally found in public parks and playgrounds: water features, including fountains, reflecting pools and waterfalls; sculptures and other works of art; seating, including benches, seats and moveable chairs; trees, planters, planting beds, lawns and other landscape features; arbors or trellises; litter receptacles; bicycle racks; tables and other outdoor furniture; lights and lighting stanchions; public telephones; public restrooms; permitted temporary exhibitions; permitted awnings, canopies or marquees; permitted freestanding signs; play equipment; qualifying exterior wall thickness added pursuant to Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents); permitted kiosks and open-air cafes; stages; subway station entrances, which may include escalators; and drinking fountains.

However, an area occupied in aggregate by such permitted obstruction shall not exceed the maximum percentage cited in paragraph (b) of this Section. In addition, certain of the obstructions listed in this paragraph, (a), shall not be permitted within the sidewalk frontage of a public plaza, as described in Section 37-721 (Sidewalk frontage).

(b)        Permitted obstructions may occupy a maximum percentage of the area of a public plaza, as follows:

For public plazas less than 10,000 square feet in area: 40 percent

For public plazas less than 10,000 square feet in area with a permitted open air cafe: 50 percent

For public plazas 10,000 square feet or more in area: 50 percent

For public plazas 10,000 square feet or more in area with a permitted open air cafe: 60 percent.

The area of permitted obstructions shall be measured by outside dimensions. Obstructions that are non-permanent or moveable, such as moveable chairs, open air cafes, or temporary exhibitions shall be confined within gross areas designated on the site plan, and not measured as individual pieces of furniture.

Trees planted flush-to-grade in accordance with the provisions of Section 37-742 (Planting and trees) and tree canopies do not count as obstructions for the purpose of calculating total area occupied by permitted obstructions. Planting beds and their retaining walls for trees count as obstructions, except that lawn, turf or grass areas intended for public access and seating shall not count as obstructions, provided such lawns do not differ in elevation from the adjoining public plaza elevation by more than six inches. Qualifying exterior wall thickness added pursuant to Section 33-23 in any publicly accessible open area or public plaza shall not count as obstructions for the purpose of calculating total area occupied by permitted obstructions.

(c)        Canopies, awnings, marquees and sun control devices

(1)        Entrances to buildings located within a public plaza may have a maximum of one canopy, awning or marquee, provided that such canopy, awning or marquee:

(i)        has a maximum area of 250 square feet;

(ii)        does not project into the public plaza more than 15 feet when measured perpendicular to the building facade;

(iii)        is located a minimum of 15 feet above the level of the public plaza adjacent to the building entrance; and

(iv)        does not contain vertical supports.

Such canopies, awnings, and marquees shall be designed to provide maximum visibility into the public plaza from adjoining streets and the adjacent building. However, canopies, awnings and marquees associated with entrances to buildings containing residences located within a public plaza may project more than 15 feet into the public plaza and contain vertical supports if they are located entirely within 10 feet of the edge of the public plaza.

(2)        Sun control devices may be located within a public plaza, provided that all such devices:

(i)        shall be located above the level of the first story ceiling;

(ii)        shall be limited to a maximum projection of 2 feet, 6 inches;

(iii)        shall have solid surfaces that, in aggregate, cover an area no more than 20 percent of the area of the building wall (as viewed in elevation) from which they project; and

(iv)        may rise above the permitted building height, up to the height of a parapet wall or guardrail, pursuant to Section 33-42 (Permitted Obstructions);

(d)        Prohibition of garage entrances, driveways, parking spaces, loading berths, exhaust vents, mechanical equipment and building trash storage facilities

No garage entrances, driveways, parking spaces, passenger drop offs or loading berths shall be permitted within a public plaza. No building trash storage facilities are permitted within a public plaza, nor shall any building trash storage facility be accessed or serviced through the public plaza. If garage entrances, parking spaces, passenger drop offs, driveways, loading berths or building trash storage facilities are located near or adjoin a public plaza, they shall be separated from it by a barrier sufficient to substantially conceal these facilities and any vehicles therein when viewed from any point in the public plaza.

No exhaust vents or mechanical equipment are permitted on any public plaza or on any building wall fronting upon the public plaza, unless such exhaust vents are more than 15 feet above the level of the adjacent public plaza. All exhaust vents and mechanical equipment located adjacent to a public plaza shall be separated from it by a barrier sufficient to substantially, visually and audibly, conceal their presence and operation. Air intake vents or shafts shall be permitted within a public plaza, provided that such vents are concealed from public view by planting or other design features and that such vents do not impair visibility within the public plaza area.

All public plazas shall be accessible to the public at all times, except where the City Planning Commission has authorized a nighttime closing, pursuant to the provisions of this Section.

In all districts, the City Planning Commission may authorize the closing during certain nighttime hours of an existing or new publicly accessible open area, if the Commission finds that:

(a)        such existing publicly accessible open area has been open to the public a minimum of one year or there are significant operational or safety issues documented, or for new public plazas significant safety issues have been documented and provided as part of the application for authorization of nighttime closing;

(b)        such closing is necessary for public safety within the publicly accessible open area and maintenance of the public open areas as documented by the applicant;

(c)        the layout and design of the publicly accessible open area will promote public use and free and easy pedestrian circulation throughout the space;

(d)        any approved design element that limits public access, as specified in paragraph (e) of this Section, shall not impede public circulation, visual or physical access within the publicly accessible open area or between the publicly accessible open area and other public areas during hours of public operation;

(e)        a design element that limits public access shall:

(1)        be of a design that is integrated with the design of the publicly accessible open area in a manner that would promote the attractiveness of the space for public use and enjoyment;

(2)        not exceed five feet in height;

(3)        be fully removed from the publicly accessible open area during the hours of public access; however, barriers not to exceed 3 feet, 6 inches in height may have posts or supports that remain during the hours of public access provided that such posts or supports do not exceed six inches in width;

(4)        not involve stanchions or cabinets for barrier storage located with the publicly accessible open area, except for stanchions or cabinets located at the edges of the publicly accessible open area;

(5)        not inhibit or diminish access to the publicly accessible open area nor impede pedestrian circulation into, through, or along the frontage of the publicly accessible open area, and not obstruct access during the hours of public access; and

(6)        be substantially transparent;

(f)        public access to the publicly accessible open area between the hours of 7:00 a.m. and 10:00 p.m. from April 15 to October 31 and from 7:00 a.m. to 8:00 p.m. from November 1 to April 14, or a schedule specified by the Commission, is assured by appropriate legal documents and that an hours of access plaque shall be affixed to the enclosure or barrier which shall indicate the hours of public access to the publicly accessible open area, as specified in Section 37-751, paragraph (c). However, if an open air cafe or kiosk is located within the publicly accessible open area, such publicly accessible open area shall remain open to the public during the hours of operation of the open air cafe or kiosk;

(g)        plans have been submitted that demonstrate that, where appropriate, the publicly accessible open area will be improved, to the maximum extent feasible, in accordance with the standards set forth for public plazas;

(h)        a program for continuing maintenance of the publicly accessible open area has been established in accordance with Section 37-77.

In order to promote increased public use of the public open areas, the Commission may require, or the applicant may request, additional improvements to the existing publicly accessible open area, including, where appropriate, amenities such as kiosks or open air cafes as described in Section 37-73. In no event shall any publicly accessible open area be reduced in size.

All applications for nighttime closings of publicly accessible open areas filed with the Commission shall include a detailed site plan or plans indicating compliance with the provisions of this Section, including but not limited to materials, dimensions, and configuration or any design element that limits public access, the storage location for the design element that limits public access during the hours of public operation of the public plaza, and the hours of the publicly accessible open area's accessibility to the public. All such plans for publicly accessible open areas, once authorized, shall be filed and duly recorded in the Borough Office of the City Register of the City of New York, indexed against the property in the form of a legal instrument providing notice of the authorization pursuant to this Section. The form and contents of the legal instrument shall be satisfactory to the Commission, and the filing and recording of such instrument shall be a precondition for the nighttime closing of any publicly accessible open area. The recording information shall be included on the certificate of occupancy for any building, or portion thereof, on the zoning lot, issued after the recording date.

The land use application for an authorization under this Section shall be sent to the applicable Community Board, local Council Member and Borough President. If the Community Board, local Council Member or Borough President elects to comment on such application, it must be done within 45 days of receipt of such application.

The Commission shall file any such authorization with the City Council. The Council, within 20 days of such filing, may resolve by majority vote to review such authorization. If the Council so resolves, within 50 days of the filing of the Commission's authorization, the Council shall hold a public hearing and may approve or disapprove such authorization. If, within the time periods provided for in this Section, the Council fails to act on the Commission's authorization, the Council shall be deemed to have approved such authorization.

All public plazas shall conform with applicable laws pertaining to access for persons with disabilities regardless of whether the building associated with the public plaza is existing or new.

Standards for seating within public plazas are intended to facilitate the provision of abundant, comfortable and accessible seating throughout the public plaza, including, more specifically, as follows:

(a)        to provide a broad variety of seating types and configurations;

(b)        to accommodate individual users engaged in solitary activities as well as groups engaged in social activities;

(c)        to provide a comfortable and safe seating surface by providing smooth, even and level surfaces with rounded edges;

(d)        to incorporate, to the maximum extent possible, a combination of fixed benches, moveable chairs, seating with backs, seat walls and ledges, and seating steps;

(e)        to provide ample opportunity for social seating as a basic seating type that consists of seats that are placed in close proximity and at angles to one another or in facing configurations that facilitate social interaction.

There shall be a minimum of one linear foot of seating for each 30 square feet of public plaza area.

A minimum of one linear foot of the required seating for every two linear feet of street frontage must be located within 15 feet of the street line. At least 50 percent of this seating shall have backs and at least 50 percent of the seats with backs shall face the street.

Seating requirements may be satisfied by the following seating types: moveable seating, fixed individual seats, fixed benches with and without backs, and design-feature seating such as seat walls, planter ledges, or seating steps. All public plazas shall provide at least two different types of seating. Public plazas greater than 5,000 square feet in area shall provide at least three different types of seating. Public plazas greater than 10,000 square feet in area must provide moveable seating as one of the required seating types.

Not more than 50 percent of the linear seating capacity may be in moveable seats that may be stored between the hours of sunset and sunrise, where the City Planning Commission has authorized a limitation on the hours of access pursuant to Section 37-727.

Devices or forms affixed or incorporated into planter ledges, steps, sills or other horizontal surfaces that would otherwise be suitable for seating that are intended to prevent or inhibit seating (such as spikes, metal bars, or pointed, excessively rough, or deliberately uncomfortable materials or forms) shall be prohibited.

Deterrents to skateboards, rollerblades and other wheeled devices are permitted on seating surfaces if they do not inhibit seating, maintain a minimum distance of five feet between deterrents, and are integrated into the seating surface at the time of manufacture or construction or should be constructed of materials that are consistent with the materials and finish quality of the seating surface.

The following standards shall be met for all required seating:

(1)        Seating shall have a minimum depth of 18 inches. Seating with 36 inches or more in depth may count towards two seats, provided there is access to both sides. When required seating is provided on a planter ledge, such ledge must have a minimum depth of 22 inches.

(2)        Seating shall have a height not less than 16 inches nor greater than 20 inches above the level of the adjacent walking surface. However, as described in paragraph (5) of this Section, seating steps may have a height not to exceed 30 inches and seating walls may have a height not to exceed 24 inches.

(3)        At least 50 percent of the linear feet of fixed seating shall have backs at least 14 inches high and a maximum seat depth of 20 inches. Walls located adjacent to a seating surface shall not count as seat backs. All seat backs must either be contoured in form for comfort or shall be reclined from vertical between 10 to 15 degrees.

(4)        Moveable seating or chairs, excluding seating for open air cafes, may be credited as 24 inches of linear seating per chair. Moveable seating provided as a required amenity shall be provided in the amount of one chair per 200 square feet of public plaza area. One table shall be provided for every four such moveable chairs.

All moveable seats must have backs and a maximum seat depth of 20 inches. Moveable chairs shall not be chained, fixed or otherwise secured while the public plaza is open to the public; moveable chairs, however, may be removed during the nighttime hours of 9:00 p.m. to 7:00 a.m.

(5)        Seating steps and seating walls may be used for required seating if such seating does not, in aggregate, represent more than 15 percent of the linear feet of required seating in the public plaza. Seating steps shall not include any steps intended for circulation and must have a height not less than six inches nor greater than 30 inches and a depth not less than 18 inches. Seating walls shall have a height not greater than 18 inches; such seating walls, however, may have a height not to exceed 24 inches if they are located within 10 feet of an edge of the public plaza.

(6)        Seating in open air cafes shall not count towards meeting the seating requirement of this Section.

(7)        Seats that face walls must be a minimum of six feet from such wall.

The provisions of this Section are intended to facilitate a combination of landscaping elements in order to provide comfort, shade and textural variety.

At least 20 percent of the area of a public plaza shall be comprised of planting beds with a minimum dimension of two feet, exclusive of any bounding walls.

All public plazas shall provide a minimum of four trees. For a public plaza greater than 6,000 square feet in area, an additional four caliper inches in additional trees or multi-stemmed equivalents must be provided for each additional 1,000 square feet of public plaza area, rounded to the nearest 1,000 square feet.

For all public plazas, at least 50 percent of required trees shall be planted flush-to-grade or planted at grade within planting beds with no raised curbs or railings. Trees planted flush-to-grade shall be surrounded by a porous surface (such as grating or open-joint paving) that allows water to penetrate into the soil for a minimum radius of 2 feet, 6 inches. Such porous surface shall be of sufficient strength and density to accommodate pedestrian circulation, including all requirements related to accessibility for the disabled, and shall be of a design that allows for tree growth. Installed fixtures such as lighting stanchions, electrical outlets or conduits shall not be located within the required porous area of any tree planted flush-to-grade.

Where trees are planted within a public plaza, they shall measure at least four inches in caliper at the time of planting, unless alternative, multi-stemmed equivalents are specified in the approved planting plans. Each tree shall be planted in at least 200 cubic feet of soil with a depth of soil of at least 3 feet, 6 inches.

Planting beds shall have a soil depth of at least 18 inches for grass or other ground cover, three feet for shrubs and 3 feet, 6 inches for trees. No planters or planting beds shall have bounding walls that exceed 18 inches in height above an adjacent walking surface or the highest adjacent surface where the bounding wall adjoins two or more walking surfaces with different elevations. Any planting bed containing required trees shall have a continuous area of at least 75 square feet for each tree exclusive of bounding walls. Furthermore, each tree located within a planting bed shall be surrounded by a continuous permeable surface measuring at least five feet square. Any lawns or turf grass planting beds shall not exceed six inches above any adjacent walking surfaces.

All planted areas shall either be automatically irrigated or shall consist of species that do not require regular watering.

All planted areas located above subsurface structures such as cellars or garages shall have drainage systems to prevent collection and pooling of water within planted areas.

Street trees are required to be planted in the public sidewalk area adjacent to a zoning lot that contains bonus floor area for public plazas in accordance with Section 26-41 (Street Tree Planting). The length of frontage of the zoning lot for the purpose of computing required street trees may be reduced by 50 feet for each street intersection fronted by the zoning lot. If the Department of Parks and Recreation determines that the tree planting requirements of this paragraph are infeasible, the number of required street trees that cannot be planted shall be planted in accordance with the off-site tree provisions set forth in Section 26-41 or within the public plaza.

Public plazas shall be illuminated to provide for safe use and enjoyment of all areas of the public plaza. Special attention should be provided in lighting steps and other changes in elevation and areas under tree canopies and permitted canopies within the public plaza.

Public plazas shall be illuminated with a minimum level of illumination of not less than two horizontal foot candles (lumens per foot) throughout all walkable and sitting areas, including sidewalks directly adjacent to the public plaza, and a minimum level of illumination of not less than 0.5 horizontal foot candles (lumens per foot) throughout all other areas. All lighting sources used to satisfy this illumination requirement shall be located outdoors on the subject zoning lot. Such level of illumination shall be maintained from one hour before sunset to one hour after sunrise, including public plazas that are authorized to close at night. A lighting schedule, including fixtures, wattage and their locations and designs together with a diagram of light level distribution, with light levels indicated at intervals of no more than every 20 square feet, shall be part of the required detailed design plans. Electrical power shall be supplied by one or more outlets furnishing a total of at least 1,200 watts of power for every 4,000 square feet, or fraction thereof, of the area of a public plaza.

All lighting sources that illuminate the public plaza and are mounted on or located within buildings adjacent to the public plaza shall be shielded from direct view. In addition, all lighting within the public plaza area shall be shielded to minimize any adverse effect on surrounding residences.

One litter receptacle shall be provided for every 1,500 square feet of public plaza area, up to a maximum of 6,000 square feet. Plazas greater than 6,000 square feet in area must provide an additional litter receptacle for every additional 2,000 square feet of public plaza area. Public plazas that contain open air cafes or kiosks providing food service shall provide one additional litter receptacle for each 1,500 square feet of public plaza area occupied by such outdoor eating area. All litter receptacles must have a volume capacity of at least 25 gallons and shall be located in visible and convenient locations. All top or side openings must have a minimum dimension of 12 inches. Litter receptacles shall be provided within 50 feet of required seating areas in the public plaza.

All public plazas shall provide parking for at least two bicycles. Public plazas greater than 10,000 square feet in size must provide parking for at least four bicycles. Bike racks must be provided on the sidewalk directly adjacent to the public plaza in accordance with Department of Transportation standards, unless the Department of Transportation has determined that the sidewalk area adjacent to the public plaza cannot accommodate the required bicycle parking.

A minimum of one drinking fountain shall be provided in all public plazas.

Entry and information plaques shall be provided, as described in Section 37-751 (Public space signage systems).

Public plazas between 5,000 and 10,000 square feet in area must provide one of the following additional amenities and public plazas greater than 10,000 square feet in area must provide at least three of the following additional amenities. All additional amenities shall be considered permitted obstructions within the public plaza.

(a)        Artwork

Artwork that is provided as an additional amenity must integrate with the design of the public plaza. Artwork shall not interfere with public access, circulation or visual openness within the public plaza or between the public plaza and adjoining public areas. Artwork may not incorporate addresses, text or logos related to the adjacent building or tenants of such building;

(b)        Moveable tables and chairs, as described in paragraph (4) of Section 37-741;

(c)        Water features (such as fountains, reflecting pools, waterfalls);

(d)        Children’s play area;

(e)        Equipment provided as part of children’s play areas must be designed and constructed in accordance with applicable United States Consumer Products Safety Commission standards and best practices, including installation of protective surfaces and barriers. All barriers surrounding play areas shall be designed to allow for the adequate supervision of children at play and shall in all cases be substantially transparent and no more than 3 feet, 6 inches in height;

(f)        Game tables and associated seating; or

(g)        Food service, including:

(1)        food service in a retail space directly accessible from the major portion of the public plaza; or

(2)        an open air cafe or kiosk, as described in Section 37-73.

Public plazas greater than 10,000 square feet in area and associated with a commercial building must include a food service as one of the three additional required amenities.

The following public space signage systems shall be required for all public plazas:

(a)        Entry plaque

The entry plaque shall be located at each street frontage or point of pedestrian entry to the public plaza. On each street frontage occupied by the public plaza, a minimum of one entry plaque shall be provided for every 40 feet of linear street frontage occupied by the public plaza. The entry plaque shall contain:

(1)        a public space symbol and required text that matches the dimensions and graphic standards provided in the Privately Owned Public Space Signage file from the Required Signage Symbols page on the Department of City Planning website. Such symbol and required text shall include the phrase “Open To Public” and shall be provided with a highly contrasting background, in a format that ensures legibility. Additional requirements and review procedures for privately owned public space signage systems are specified in Title 62, Chapter 11, of the Rules of the City of New York;

(2)        lettering at least one inch in height stating the words “Open 24 hours” or, if a nighttime closing has been authorized, pursuant to Section 37-727, shall contain the words “Open” followed by the approved hours of operation; and

(3)        an International Symbol of Access for persons with disabilities that is at least three inches square.

The entry plaque shall be mounted on a wall or a permanent free-standing post within five feet of the sidewalk with its center five feet above the elevation of the nearest walkable pavement. The maximum height of such free-standing post shall be six feet, with a maximum width and depth of 16 inches. It shall be in a position that clearly identifies the entry into the public plaza, and placed so that the entire entry plaque is obvious and directly visible, without any obstruction, along every line of sight from all paths of pedestrian access to the public plaza.

(b)        Information plaque

An information plaque constructed from the same permanent materials as the entry plaque or combined with one or more of the required entry plaques shall be provided. Information plaques shall be mounted on a wall or a permanent free-standing post within five feet of the sidewalk and shall have all required lettering located three feet above the elevation of the nearest walkable pavement. The maximum height of such free-standing post shall be six feet, with a maximum width and depth of 16 inches. The information plaque shall consist of:

(1)        a public space symbol and required text that matches the dimensions and graphic standards provided in the Privately Owned Public Space Signage file from the Required Signage Symbols page on the Department of City Planning website. Such symbol and required text shall include the phrase “Open To Public” and shall be provided with a highly contrasting background, in a format that ensures legibility. Additional requirements and review procedures for privately owned public space signage systems are specified in Title 62, Chapter 11, of the Rules of the City of New York; and

(2)        the words, in lettering one-half inch in height, “Open 24 hours” or, if a nighttime closing has been authorized pursuant to Section 37-727, the words, in lettering one-half inch in height, “Open” followed by the approved hours of operation;

(3)        in lettering three-eighths of an inch in height, the words “This public plaza contains:” followed by the total linear feet of seating, the type and quantity of trees, the number of bike racks, the number of drinking fountains and the number of any additional required amenities, such as moveable seating;

(4)        in lettering three-eighths of an inch in height, the name of the current owner of the building and the name, address, phone number and email address of the person designated to maintain the public plaza;

(5)        in lettering three-eighths of an inch in height, the statement, "Complaints or Questions: Call 311 and reference the public plaza at [insert building address]”; and

(6)        the statement, "This public plaza is accessible to persons with disabilities."

(c)        Hours of access plaque

On each street frontage occupied by the public plaza and where the City Planning Commission has authorized a limitation on the hours of access for a public plaza, pursuant to the provisions of Section 37-727, a minimum of one hours of access plaque shall be provided for every 40 linear feet of approved barrier that limits public access. The hours of access plaque shall be located on the barrier that limits public access to the public plaza and shall consist of:

(1)        a public space symbol and required text that matches the dimensions and graphic standards provided in the Privately Owned Public Space Signage file from the Required Signage Symbols page on the Department of City Planning website. Such symbol and required text shall include the phrase “Open To Public” and shall be provided with a highly contrasting background, in a format that ensures legibility. Additional requirements and review procedures for privately owned public space signage systems are specified in Title 62, Chapter 11, of the Rules of the City of New York; and

(2)        the statement: “Open” followed by the approved hours of operation.

All required public space signage shall be fully opaque, non-reflective and constructed of permanent, highly durable materials such as steel or stone.

All lettering provided on required public space signage shall be in a clear, bold, sans-serif, non-narrow font such as Arial, Helvetica or Verdana, solid in color with a minimum height of three-quarters of an inch, unless otherwise specified above, and shall highly contrast with the background color of the sign.

To ensure a safe and comfortable environment for all public plaza users, a maximum of one prohibition or “Rule of Conduct” sign may be located within the public plaza. Such sign shall not exceed one foot square in dimension, may not be freestanding, and shall contain no lettering greater than three-quarters of an inch in height.

Such sign shall not prohibit behaviors that are consistent with the normal public use of the public plaza such as lingering, eating, drinking of non-alcoholic beverages or gathering in small groups. No behaviors, actions, or items may be listed on such sign that are otherwise illegal or prohibited by municipal, State or Federal laws.

A public plaza shall be treated as a street for the purposes of the applicable sign regulations. Signs, except for the plaque required by Section 37-751, are permitted only as accessory to uses permitted within the public plaza and uses adjoining the public plaza, and are otherwise regulated by the applicable district regulations set forth in Section 32-60 (SIGN REGULATIONS), except as provided below:

(a)        each establishment fronting on the public plaza shall be permitted to have not more than one sign affixed to the building wall fronting on the public plaza.

(b)        all signs shall be non-illuminated;

(c)        all signs shall contain only the building or establishment name and address;

(d)        all signs accessory to retail uses affixed to building walls may not exceed four square feet in size;

(e)        not more than three accessory signs may be located within the public plaza, of which one may be freestanding. All such signs, including structures to which they are affixed, shall not be higher than three feet above the level of the adjoining public access area. Such signs shall not exceed an area of two square feet. In addition, no portion of such sign, including structures to which they are affixed, shall exceed a width of 16 inches facing a street, and 24 inches when not facing a street. For corner public plazas, such limitations shall apply to only one street frontage. If such sign is associated with a building used for office use, such sign shall contain only the names of principal building tenants and shall also contain the public space symbol as described in Section 37-751 and the words “Open to Public” in lettering at least two inches in height; and

(f)        all signs located on permitted canopies or awnings within the public plaza shall contain only the building or establishment name and shall not exceed a height of one foot.

All open parking areas subject to the provisions of this Section shall be screened at the street line by a perimeter landscaped area at least seven feet in width measured perpendicular to the street line. Such perimeter landscaped area may be interrupted only by vehicular entrances and exits. Walkways may also traverse the perimeter landscaped area in order to provide a direct connection between the public sidewalk and a walkway within or adjacent to the open parking area. In the event a perimeter landscaped area is greater than seven feet in width, the first seven feet adjacent to the open parking area must comply with paragraphs (a) and (b) of this Section. The remainder of the landscaped perimeter area may comply with paragraphs (a) and (b) or be comprised of any combination of grass, groundcover, shrubs, trees or other living plant material.

The perimeter landscaped area shall comply with the following requirements:

1. Grading, drainage and soil
   
   The open parking area shall be graded to allow stormwater runoff to drain into all required perimeter landscaped areas and planting islands required pursuant to Section 37-922 (Interior landscaping). The perimeter landscaped area shall be comprised of soil with a depth of at least two feet, six inches, measured from the adjoining open parking area. Beneath such soil, filter fabric and one foot of gravel shall be provided. Proper drainage rates shall be attained through underdrains that are connected to detention storage that meets the drainage and flow requirements of the Department of Environmental Protection or through infiltration through the surrounding soil volume. If underdrains are not provided, soil boring tests shall be conducted by a licensed engineer to ensure that ponded surface water is drained in at least 24 hours. The perimeter landscaped area shall have an inverted slope to allow a minimum of six inches and a maximum of one foot of stormwater ponding, and surface ponding must drain in at least 24 hours. To allow for adequate drainage, elevated catchbasins shall be placed in the planting island above the ponding level. A raised curb shall edge the perimeter landscaped area, shall be at least six inches in height and shall contain inlets at appropriate intervals to allow stormwater infiltration from the open parking area.
   
   However, where the Commissioner of Buildings determines that due to the natural sloping topography of the site the drainage provisions of this paragraph, (a), would be infeasible for a perimeter landscaped area, such drainage provisions may be waived. In lieu thereof, such perimeter landscaped area shall be comprised of soil with a depth of at least three feet measured from the adjoining open parking area. A raised curb shall edge the perimeter landscaped area and be at least six inches in height. The planting requirements of paragraph (b) of this Section shall apply to such perimeter landscaped areas, except that plantings need not be selected from the lists in Section 37-963.
2.  Plantings
   1. Parking lot frontage
      
      The first two feet of the planting island fronting the open parking area shall be comprised of mulch and densely planted with groundcover above jute mesh to stabilize the inverted slope. This area may be used as an automobile bumper overhang area and may be included in calculating the required depth of an abutting parking space. All required groundcover shall be selected from the list in Section 37-963
   2. Sidewalk frontage
      
      The remainder of the perimeter landscaped area shall be densely planted with shrubs at a distance of 24 inches on center and maintained at a maximum height of three feet above the surface of the adjoining public sidewalk. All required shrubs shall be selected from the list in Section 37-963.
   3. Trees
      
      One two-inch caliper tree shall be provided for every 25 feet of open parking area street frontage. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one tree. Such perimeter trees shall be staggered wherever possible with street trees, but in no event shall perimeter trees be planted closer than 15 feet on center or within three feet to a perimeter screening area curb. Furthermore, a radius distance of at least 20 feet shall be maintained between trunks of perimeter trees and street trees. If such distances cannot be maintained, the perimeter tree shall be waived in that location. However, if a street tree cannot be planted in the public sidewalk adjacent to the perimeter screening area because the Department of Parks and Recreation has determined that it is infeasible to plant a tree in such location, such tree shall be planted instead within the perimeter screening area adjacent to such portion of the public sidewalk and credited towards the amount of perimeter trees required pursuant to this paragraph. However, any perimeter tree within 15 feet of an elevated rail line or elevated highway shall be waived. All required perimeter trees shall be selected from the list in Section 37-961.
3. Obstructions
   
   Utilities and signs permitted in Sections 32-62, 32-63 or 42-62 may be located in the perimeter screening area. Ornamental fencing, excluding chain link fencing, with a surface area at least 50 percent open is permitted in the perimeter screening area, provided such fencing does not exceed four feet in height and is located at least five feet from the street line.

All open parking areas subject to the provisions of this Section shall provide at least one tree for every eight parking spaces. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one tree. Such trees shall be in addition to the trees required in the perimeter screening area. Each such tree shall have a minimum caliper of three inches and be located in a planting island with a minimum area of 150 square feet of pervious surface.

(a)        Distribution

The following distribution rules shall apply:

(1)        Each end space in a row of five or more parking spaces shall fully abut a planting island or a perimeter landscaped area along the long dimension of such end space;

(2)        No more than 15 parking spaces shall be permitted between planting islands, or a planting island and a perimeter landscaped area; and

(3)        For open parking areas at least 150,000 square feet in area, in addition to the requirements set forth in paragraphs (a)(1) and (a)(2) of this Section, every other row of parking spaces in which each space does not fully abut a perimeter landscaped area shall abut a planting island. Such planting island shall have a minimum width of eight feet and extend along the entire length of such row of parking spaces. Such planting islands may be traversed by walkways no more than three feet wide and spaced at least 50 feet apart.

(37-922a3)

(4)        Planting islands required pursuant to paragraphs (a)(1) and (a)(3) may be discontinued where a pedestrian access lane is provided that serves no more than five parking spaces required by the Americans with Disabilities Act.

(37-922a4)

(5)        Compliance with paragraphs (a)(1) and (a)(2) may be waived where the Commissioner of Buildings determines that tree planting in such locations would conflict with loading operations. Such trees shall be planted elsewhere in the open parking area.

(b)        Grading, drainage and soil

The open parking area shall be graded to allow stormwater runoff to drain into all planting islands required pursuant to this Section and perimeter landscaped areas required pursuant to Section 37-921. Planting islands shall have an inverted slope to allow a minimum six inches and a maximum of one foot of stormwater ponding, and surface ponding must drain in at least 24 hours. To allow for adequate drainage, elevated catchbasins shall be placed in the planting island above the ponding level. Planting islands shall be comprised of soil with a depth of at least two feet, six inches, measured from the surface of the adjoining open parking area. Beneath such soil, filter fabric and one foot of gravel shall be provided. Proper drainage rates shall be attained through underdrains that are connected to detention storage that meets the drainage and flow requirements of the Department of Environmental Protection or through infiltration through the surrounding soil volume. If underdrains are not provided, soil boring tests shall be conducted by a licensed engineer to ensure that ponded surface water is drained in at least 24 hours. A raised curb shall edge the planting island, shall be at least six inches in height and shall contain inlets at appropriate intervals to allow stormwater infiltration from the open parking area.

However, where the Commissioner of Buildings determines that due to the natural sloping topography of the site the drainage provisions of this paragraph, (b), would be infeasible for an interior planting island, such drainage provisions may be waived. In lieu thereof, such planting island shall be comprised of soil with a depth of at least three feet measured from the adjoining open parking area. A raised curb shall edge the perimeter landscaped area and be at least six inches in height. The planting requirements of paragraph (c) of this Section shall apply to such planting islands, except that plantings need not be selected from the lists in Section 37-963.

(c)        Plantings

The first two feet of the planting island fronting the open parking area shall be comprised of mulch and densely planted with groundcover above jute mesh to stabilize the inverted slope. This area may be used as an automobile bumper overhang area and may be included in calculating the required depth of an abutting parking space. The remaining area of the planting island shall be densely planted with shrubs, maintained at a maximum height of three feet, at a distance of 24 inches on center. Planting islands which are bisected by pedestrian access lanes serving Americans with Disabilities Act parking spaces (as shown in paragraph (a)(4) of this Section) shall provide groundcover in lieu of shrubs. Each required tree shall be centered in a planted area measuring at least eight feet by eight feet. Multiple trees are allowed in a single planting island provided they are spaced no closer than 25 feet on center and there is at least 150 square feet of pervious area for each tree. Any area with a dimension of less than two feet shall not contribute to such 150 square foot minimum area. Required trees shall be located first in planting islands at the ends of parking rows required pursuant to paragraph (a)(1) of this Section, and then in planting islands that break up parking rows with more than 15 spaces required pursuant to paragraph (a)(2) of this Section. Any remaining required trees may be located in the continuous planting island required pursuant to paragraph (a)(3) of this Section or located in other planting islands within the open parking area. All required trees, shrubs and groundcovers shall be selected from the lists in Sections 37-962 and 37-963.

For open parking areas where solar canopies will cover more than 75 percent of the parking spaces in an accessory off-street parking facility or public parking lot, or any portion thereof with more than 10 parking spaces, the provisions of Sections 37-921 or 37-922 may be modified as follows:

1. the tree planting requirements of paragraph (b)(3) of Section 37-921 (Perimeter landscaping) need not apply where a solar canopy is proposed within 10 feet of a portion of a perimeter landscaped area along a street frontage necessitating a tree; and
2. the interior landscaping requirements of Section 37-922 (Interior landscaping) need not apply to such portion covered by a solar canopy.
    

The requirements of Section 37-90 (PARKING LOTS), inclusive, may be waived in whole or in part if the Commissioner of Buildings certifies that such requirements are unfeasible due to unique geological conditions such as excessive subsurface rock conditions, underground municipal infrastructure, a high water table, or a City, State or Federal mandated brownfield remediation that requires the site to be capped. Where a high water table exists, the planting requirements of Section 37-90, inclusive, shall be complied with, except such planted areas need not be designed to absorb storm water runoff.

Such waiver shall be based on a report prepared by a licensed engineer that such conditions exist.

For enlargements, the City Planning Commission may authorize modifications or waivers of the maneuverability and curb cut standards of Section 36-58, and the landscaping requirements of Section 37-90 (PARKING LOTS), inclusive, for portions of the zoning lot occupied by existing open parking areas, provided the Commission finds that:

(a)        maneuverability and curb cut regulations have been complied with to the maximum extent practicable;

(b)        the amount of perimeter landscaped areas have been provided to the maximum extent practicable;

(c)        the amount of interior planting islands and their distribution throughout the existing open parking area have been provided to the maximum extent practicable; and

(d)        perimeter landscaped areas and interior planting islands have been engineered to absorb storm water runoff to the maximum extent practicable.

The Commission may request reports from licensed engineers and landscaped architects in considering such modifications.  

^*        Asian Longhorn Beetle quarantine species - planting not recommended in parts of Brooklyn, Manhattan, Queens and Staten Island

¹        Asian Longhorn Beetle quarantine species - planting not recommended in parts of Brooklyn, Manhattan, Queens and Staten Island

²        Only cultivars of elms that have been bred for resistance to Dutch Elm Disease

³        Excluding “Bradford” cultivar