95-10 Miscellaneous Provisions

The pavement on a public sidewalk fronting a development within the Special Transit Land Use District shall be consistent in color and material with all pavements located within the transit easement volume and in any adjoining public plaza.

The instrument creating a transit easement volume shall be recorded in the place and county designated by law for the filing of deeds and restrictions on real property, a certified copy of which shall be submitted to the City Planning Commission.

In the event that the Metropolitan Transportation Authority and the City Planning Commission jointly notify the Department of Buildings and the owner in writing that a transit easement volume is not required on a zoning lot in its final construction plans, the restrictions imposed on such zoning lot by the provisions of this Chapter shall lapse, following receipt of notification thereof by the owner, and the owner shall have the right to record an instrument reciting the consent of the Metropolitan Transportation Authority to the extinguishment of the easement volume. On any zoning lot which has been developed or upon which a building is enlarged in accordance with the provisions of Section 95-07 and on which termination of transit easement has been certified, pursuant to this Section, any open, enclosed or arcaded area reserved for transit easement at curb level shall be provided for public use with lighting, landscaping, trees, substantial artwork and sitting facilities.

Whenever, under prior zoning regulations, the owner of a development or enlargement has agreed to provide a transit easement volume on a zoning lot, the existence of such agreement shall be certified by the Chairperson of the City Planning Commission to the Department of Buildings. Such agreement shall be deemed to satisfy the provisions of this Chapter.