Transit Easement

Any development or enlargement involving ground level construction within the Special Transit Land Use District shall provide an easement on the zoning lot for subway-related use and public access to the subway mezzanine or station when required pursuant to the provisions of Section 95-04.

The issuance by the Department of Buildings of an excavation permit for any zoning lot located within the Special District shall be dependent upon prior compliance with the provisions of this Chapter.

The transit easement required on a zoning lot shall permit the realization of one or more of the following planning objectives:

(a)        the integration and relating of subway station design to surrounding development;

(b)        the introduction of light and air to: stations; mezzanines; and other related facilities constructed pursuant to the provisions of Section 95-032 (Determination of transit easements at other stations);

(c)        the reduction of conflict between pedestrian movements and station facilities on the street level;

(d)        the provision of weather protection for subway entrances;

(e)        the relation of subway entrances to commercial and other transit facilities;

(f)        the provision of maximum visual exposure of subway entrances from public areas; and

(g)        the elimination or reduction of adverse environmental impact accompanying subway development.

In no event, however, may the easement area be used temporarily or permanently for any other purpose not immediately related to pedestrian amenity, except as hereinafter provided.