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Chapter 5 Special Transit Land Use District (TA)
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95-00 General Purposes
The "Special Transit Land Use District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include the following specific purposes:
- to minimize the conflict between normal pedestrian movements on public sidewalks and access to underground transit systems, by requiring developments within the Special District to provide access to underground transit or other subway amenities;
- to reduce congestion on city streets in the vicinity of transportation nodes, by encouraging the provision of adequate underground pedestrian circulation systems;
- to require adequate access of light and air to the subway mezzanines or station areas of the underground transit system and other related facilities in order to provide greater visibility and safety to below ground spaces;
- to encourage development that reinforces and preserves the character of the existing communities within the area, by promoting needed pedestrian amenities;
- to coordinate the present and future relationship of land uses within the Special District including weather protected public access to the underground transit system; and
- to promote the most desirable use of land in the area and thus to conserve the value of land and buildings, and thereby protect the City's tax revenues.
95-01 Definitions
For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS).
95-02 General Provisions
Special Transit Land Use Districts are mapped in the vicinity of existing or proposed subway stations. Except as modified by the express provisions of this Chapter, the regulations of the underlying district remain in effect.
Whenever this Special District overlaps another Special District and imposes contradictory regulations, the provisions of the Special Transit Land Use District shall apply. Nothing contained in this regulation shall be understood to supersede Landmark or Historic District designations of the New York City Landmarks Preservation Commission.
For qualifying transit improvement sites, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).
In flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Zones), the provisions of Article VI, Chapter 4 shall control.
95-03 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:
- the integration and relating of subway station design to surrounding development;
- 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);
- the reduction of conflict between pedestrian movements and station facilities on the street level;
- the provision of weather protection for subway entrances;
- the relation of subway entrances to commercial and other transit facilities;
- the provision of maximum visual exposure of subway entrances from public areas; and
- 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.
95-031 Selection of Transit Easement at Certain Stations
At the stations specified below, the transit easement required on a zoning lot shall constitute a volume whose dimensions above and below curb level shall comply with the requirements as set forth in Table A or Table B of this Section, depending on the depth of the proposed subway mezzanine below curb level, as established by the Metropolitan Transportation Authority.
Six possible types of transit easements are listed in Table A and in Table B. The applicant for a development or an enlargement involving ground level construction shall, in consultation with the Metropolitan Transportation Authority and the City Planning Commission, select the easement type that is most appropriate for the location.
MINIMUM DIMENSIONS FOR TRANSIT EASEMENT VOLUME (in feet)
Stations: Houston St., Kips Bay, Lenox Hill and E. 96th St.
Easement Type | Height above Curb Level (h) | Depth below Curb Level* (D) | Length (L) | Width(W) | Zoning Lots less than 10,000 sf | Zoning Lots 10,000 sf or more |
1 | 15 | 20 | 80 | 20 | x | |
2 | 15 | 30 | 80 | 20 | x | x |
3 | 15 | 30 | 85 | 32 | x | |
4 | 15 | 25 | 80 | 10 | x | |
5 | 15 | 30 | 80 | 10 | x | |
6 | 15 | 25 | 60 | 20 | x |
* See Section 95—054
TABLE B
MINIMUM DIMENSIONS FOR TRANSIT EASEMENT VOLUME (in feet)
Stations: Chatham Square, Grand St., 14th St., 23rd St., UN Plaza, East Midtown and Yorkville
Easement Type | Height above Curb Level (h) | Depth below Curb Level* (D) | Length (L) | Width(W) | Zoning Lots less than 10,000 sf | Zoning Lots 10,000 sf or more |
1 | 15 | 20 | 80 | 20 | x | |
2 | 15 | 40 | 100 | 20 | x | x |
3 | 15 | 40 | 85 | 32 | x | |
4 | 15 | 35 | 100 | 10 | x | |
5 | 15 | 40 | 100 | 10 | x | |
6 | 15 | 35 | 65 | 20 | x |
* See Section 95—054
Type 1 is appropriate on zoning lots of less than 10,000 square feet with adequate lot frontage and where the Metropolitan Transportation Authority provides final access to the subway mezzanine level under a public right-of-way.
(95-031.1)
Type 2 is appropriate on any size zoning lot for providing direct access to the subway mezzanine level by a "straight run" stairway and/or escalator.
(95-031.2)
Type 3 is applicable to zoning lots of 10,000 square feet or more for providing a "turn around" arrangement of stairs.
(95-031.3)
Types 4 and 5 are limited to zoning lots of less than 10,000 square feet with a narrow lot frontage for a single "straight-run" transit access facility, such as an escalator or stairway.
 (95-031.4) |  (95-031.5) |
Type 6 is appropriate on zoning lots of less than 10,000 square feet for providing a "turn around" arrangement of stairs.
(95-031.6)
Where appropriate, any of these easement types may be used exclusively for light wells.
The Metropolitan Transportation Authority and the Commission, in consultation with the applicant, may make minor modifications of the dimensions of the easement volume type required on the applicant's site and the spacing of building columns permitted within the easement volume to facilitate the design and construction of circulation facilities appropriate for the area.
The Metropolitan Transportation Authority and the Commission, in consultation with the applicant, may make minor modifications of the dimensions of the easement volume type required on the applicant's site and the spacing of building columns permitted within the easement volume to facilitate the design and construction of circulation facilities appropriate for the area.
95-032 Determination of Transit Easement at Other Stations
At the 106th Street, 116th Street and 125th Street stations, a transit easement shall be provided to accommodate, whether singly or in any combination, light wells, stairs, ramps, escalators, elevators, passageways, or ancillary facilities required to support the functioning of subway station or rail mass transit facilities, including, but not limited to, emergency egress or ventilation structures, the Metropolitan Transportation Authority shall, in consultation with the owner of the zoning lot and the City Planning Commission, determine the appropriate type of transit easement and reasonable dimensions for such transit easement volume.
95-033 Location of Transit Easements
The transit easement volume may be located within a building, in open areas, including public plazas, or in areas covered by projected overhangs of a building. At least one vertical face of the easement volume shall be at a front lot line. The easement volume shall be located on the zoning lot as close as possible to the street containing the transit line.
TRANSIT EASEMENT VOLUME
(95-032)
95-04 Certification of Transit Easement Volume
95-041 For Developments or Enlargements
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.
95-042 For Substantially Vacant Existing Zoning Lots
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:
- 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;
- that such transit easement is located on a vacant portion of a zoning lot;
- that the use of the transit easement will not reduce development potential on the zoning lot under the applicable district regulations; and
- 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.
95-05 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.
95-051 Development of Transit Access Facilities
All access facilities, including any light wells or sky lights required within a transit easement volume established pursuant to the provisions of Section 95-031 (Selection of transit easement at certain stations), or access and ancillary facilities required pursuant to the provisions of Section 95-032 (Determination of transit easement at other stations), shall be constructed and maintained by the Metropolitan Transportation Authority except for any building columns, footings or any other permitted obstructions allowed therein.
The subway entrance within the transit easement volume and any adjoining public plaza shall be at the same elevation as the adjoining sidewalk and shall be directly accessible to the public at all times. When such entrance is not located at the street line, it shall be visually prominent and directly accessible from a street by a paved pedestrian walk at least 20 feet in width and at the same elevation as the adjoining sidewalk. Such privately owned pedestrian walk shall be maintained by the owner. In order to provide natural light to the subway mezzanine level, at least 10 percent of the transit easement area at curb level shall be provided with light wells and skylights.
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