66-41 - Construction, Maintenance and Other Obligations
LAST AMENDED
10/7/2021


Where an #easement volume# is provided pursuant to this Chapter, transit access improvements within such volume shall be
constructed and maintained either by the #transit agency# or the owner of the #zoning lot# with the #development#,
#enlargement# or #conversion#.

(a)    Where such transit access improvement is constructed and maintained by the #transit agency#:

        (1)    the owner of #zoning lot# with the #development#, #enlargement# or #conversion# shall provide an #easement
                volume# that is designed and constructed in such a manner that would not inhibit the #transit agency’s#
                functional requirements and ability to construct such transit access improvement at a future date;

        (2)    in the event that the construction of the improvement is not contemporaneous with the construction of the
                #development#, #enlargement# or #conversion#, any underground walls constructed along the #front lot line#
                adjacent to an #at- or below-grade mass transit station# shall include one or more knockout panels, below #curb
                level# down to the bottom of the #easement volume#. The actual location and size of such knockout panels shall
                be determined through consultation with the #transit agency#;

        (3)    temporary construction access shall be granted to the #transit agency# on portions of the #zoning lot# outside of
                the #easement volume#, as needed, to enable construction within and connection to the #easement volume#; and

        (4)    in the event that the #transit agency# has approved of obstructions associated with the #development#,
                #enlargement# or #conversion# within the #easement volume#, such as #building# columns or footings, such
                construction and maintenance shall exclude any such obstructions within the #easement volume#.

(b)    Where such transit access improvement is constructed and maintained by the owner of the #development #,
       #enlargement# or #conversion#:

        (1)    a transit access improvement shall be provided in accordance with standards set forth by the #transit agency#;

        (2)    such improvement shall be accessible to the public at all times, except as otherwise approved by the #transit
                agency#;

        (3)    such improvement shall include #signs# to announce accessibility to the public. Such #signs# shall be exempt
                from the maximum #surface area# of non-#illuminated signs# permitted by Section 32-642 (Non-illuminated
                signs); and

        (4)    no temporary certificate of occupancy shall be granted by the Department of Buildings until the Chairperson of
                the City Planning Commission, acting in consultation with the #transit agency#, has certified that the
                improvement is substantially complete and usable by the public.