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.