For any development or enlargement that is subject to the requirements for the relocation of a subway stair entrance or counts a renovated subway stair as pedestrian circulation space in accordance with the provisions of Section 37-50 (REQUIREMENTS FOR PEDESTRIAN CIRCULATION SPACE), inclusive, no plan shall be approved by the Department of Buildings and no excavation permit or building permit shall be issued, unless the following criteria are met:

(a)        for a relocated entrance, such plan includes a stair relocation plan and related documents that require:

(1)        construction of the new stair entrance in accordance with such plan;

(2)        demolition of above-ground elements of the existing entrance;

(3)        sealing of the existing entrance at the sidewalk level; and

(4)        maintenance of the work performed on the relocated or renovated entrance; or

(b)        for a renovated entrance, such plan includes a renovation plan and related documents that require:

(1)        renovation of the entrance in accordance with such plan; and

(2)        maintenance of the work performed on the renovated entrance; and

(c)        such plan and related documents bear New York City Transit’s approval; and

(d)        such plan is accompanied by a certified copy of an agreement, as recorded between New York City Transit and the owner for an easement on the zoning lot for subway-related use of the new stair entrance and for public access via such entrance to the subway station, which agreement has been recorded against the zoning lot in the Office of the Register of the City of New York and is accompanied by the Register's receipt of recordation; and

(e)        no permanent certificate of occupancy shall be issued for the building either altered or developed, as set forth in Section 37-40, or enlarged, that is subject to the subway stair relocation requirement or is counting a renovated subway stair as pedestrian circulation space in accordance with the provisions of Section 37-50, inclusive, unless and until all of the work required under paragraph (a) or (b) of this Section has been completed and New York City Transit has so certified in writing to the Department of Buildings.