95-04 Certification of Transit Easement Volume

Prior to filing any applications with the Department of Buildings for an excavation permit or building permit for a development or enlargement within the Special Transit Land Use District, the owner of the zoning lot shall file an application with the Metropolitan Transportation Authority and the City Planning Commission requesting a certification as to whether or not a transit easement volume is required on the zoning lot.

Upon receipt of the completed application, the Commission shall furnish a copy to the affected Community Board.

Within 60 days after receipt of such application, the Metropolitan Transportation Authority and the Commission shall jointly certify whether or not an easement is required on the zoning lot. Failure to certify within the 60-day period will release the owner from any obligation to provide a transit easement volume on such zoning lot.

When the Metropolitan Transportation Authority and the Commission indicate that such easement is required, the owner shall submit a site plan indicating the location and type of easement volume that would be most compatible with the proposed development or enlargement on the zoning lot for joint approval and final certification by the Metropolitan Transportation Authority and the Commission. Copies of such certification shall be forwarded by the City Planning Commission to the Department of Buildings.

Use Group T uses shall not be permitted in Residence Districts prior to the improvement of a transit easement in accordance with approval and certified plans.

When a zoning lot located within the Special Transit Land Use District is substantially vacant and appropriate for a transit easement, the Metropolitan Transportation Authority may request the City Planning Commission to certify that a portion of such zoning lot is necessary for a transit easement.

As a condition for securing a transit easement on such zoning lot, the Commission shall make the following findings:

(a)        that such transit easement is required by the Metropolitan Transportation Authority to provide public access to a subway mezzanine or to a public passageway leading to a subway mezzanine or platform;

(b)        that such transit easement is located on a vacant portion of a zoning lot;

(c)        that the use of the transit easement will not reduce development potential on the zoning lot under the applicable district regulations; and

(d)        that the Metropolitan Transportation Authority and the owner agree that the construction within the easement volume will be integrated with the total development.

At such time as an existing vacant zoning lot on which a transit easement volume provided pursuant to the provisions of this Section, is developed, it shall be subject to all regulations of this Chapter.