Leed Footprint exceeds leed Boundary

Hi, I'm having some problems with a project. Turns out that local requirements allow me to expand mi building in my superior floors (By this I mean that above my ground floor I can build over my pedestrian sidewalk) wich directly affects my building footprint. So, as I cannot expand my building leed boundary to take the sidewalk into account (as it is not owners property), my footprint exceeds it. My first question here is, is this escenario even possible? And; What criteria should I take, as for this credit Im only allowed to take into consideration vegetated areas within my leed boundary, but my vegetated space is located in my roof, a public terrace with vegetated area outside my leed boundary but within my footprint.