81-022 Applicability of Special Transit Land Use District Regulations
Except as otherwise provided in paragraphs (a), (b) or (c) of this Section, wherever the Special Transit Land Use District includes an area which also lies within the Special Midtown District, as designated on the zoning map by the letters "MiD-TA", the requirements of the Special Transit Land Use District, as set forth in Article IX, Chapter 5, shall apply.
(a) However, the requirements of Article IX, Chapter 5, shall be waived where the City Planning Commission certifies, in the case of a specific development otherwise subject to those requirements, that:
(1) the developer has agreed in a writing recorded against the property to implement a plan approved by the Commission and New York City Transit for off-street relocation of a subway stair entrance, in accordance with the requirements of Section 81-46 (Off-street Relocation or Renovation of a Subway Stair); or
(2) the developer has agreed in a writing recorded against the property to implement a plan approved by the Commission and New York City Transit for the provision of a subway station improvement in accordance with the provisions of Section 74-634 (Subway station improvements in Downtown Brooklyn and in Commercial Districts of 10 FAR and above in Manhattan).
(b) Where the requirements of Article IX, Chapter 5, are not waived, modifications of the underlying district bulk regulations as set forth in this Chapter shall prevail over any inconsistent bulk regulations in Article IX, Chapter 5.
(c) In the East Midtown Subdistrict, the provisions of paragraph (c) of Section 81-673 (Mass transit access) shall supersede the provisions of Sections 95-031 (Selection of transit easement) and 95-052 (Special access facilities for persons with disabilities).