For the purposes of this section, the term "privately owned public space" is defined in Local Law 116 of 2017, as amended by Local Law 250 of 2017, as follows: (1) a plaza, residential plaza, urban plaza, public plaza, elevated plaza, arcade, through block arcade, through block galleria, through block connection, open air concourse, covered pedestrian space, publicly accessible space or sidewalk widening provided for in the Zoning Resolution, now or previously in effect; (2) such other privately owned outdoor or indoor space required to be open to the public and for which the Department of City Planning ("DCP") maintains a record in the privately owned public space data set accessible through the open data web portal that is linked to nyc.gov or successor website pursuant to New York City Administrative Code § 23-502; and (3) such other privately owned outdoor or indoor spaces required to be open to the public pursuant to any of the following actions occurring on or after January 1, 2001:
(a) A decision, authorization, certification, or special permit issued by the City Planning Commission (the "Commission");
(b) A certification issued by the Chairperson of the Commission (the "Chair");
(c) A variance of the Zoning Resolution or special permit issued by the Board of Standards and Appeals; or
(d) Action taken by the City Council pursuant to Section 197-d of the Charter.
Such term does not include any waterfront public access areas regulated pursuant to article 6 chapter 2 of the Zoning Resolution.
(Added City Record 1/6/2020, eff. 2/5/2020)