Terms and Conditions for Permitted Uses and Construction Within Transit Easement Volume

The transit easement volume shall be used as an entrance/exit for public access to the subway and/or to provide better access of light and air to the subway station mezzanine, and for related uses. Illustrative of such purposes are light wells, stairs, ramps, escalators, elevators or, for zoning lots subject to the provisions of Section 95-032 (Determination of transit easements at other stations), ancillary facilities required to support the functioning of subways, including, but not limited to, emergency egress or ventilation structures.

No floor area bonus shall be allowed for any transit easement provided on a zoning lot, , except in accordance with the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements), where applicable.

When a transit easement volume required on a zoning lot is located within a building, any floor spaces occupied by such transit easement volume shall not count as floor area. Any portion of the lot area of a zoning lot occupied by a transit easement and weather protected by an overhang or roofed area, shall be considered as a public plaza in the districts that allow such public plaza bonuses.

The transit easement volume, any construction allowed therein or any weather protection provided thereon by an overhang or roofed area pursuant to Section 95-053, shall be considered permitted obstructions within required yards, open space or in a public plaza area.