For all developments or enlargements within the Special West Chelsea District, an easement volume to facilitate public pedestrian access to the High Line via stairway and elevator (hereinafter referred to as “primary access”), shall be provided on any zoning lot over which the High Line passes that, on or after December 20, 2004, has more than 5,000 square feet of lot area. For all developments or enlargements within Subareas H, I and J that are developed pursuant to Section 98-25 (High Line Improvement Bonus), this provision does not apply.

In the High Line Transfer Corridor, an easement volume to facilitate public pedestrian access to the High Line via stairway (hereinafter referred to as “secondary access”), shall be provided on any zoning lot from which floor area has been transferred pursuant to Section 98-33 unless a primary access easement has been provided pursuant to this Section.

However, a primary access easement shall not be required if a primary access easement is already provided on the same block and a secondary access easement shall not be required if a primary or secondary access easement has already been provided on the same block. Furthermore, primary and/or secondary access easements shall not be required where the Chairperson of the City Planning Commission certifies that:

(a)        the minimum dimensions required for the access easement volume pursuant to paragraph (a) of Section 98-62 cannot be accommodated within 33 feet, 6 inches of a street line for primary access easements and 40 feet of a street line for secondary access easements; or

(b)        in the case of a primary easement, a secondary easement is already provided on the same zoning lot and such easement is sufficient in size, or has been enlarged to be sufficient in size, to accommodate the provisions for primary access easements as specified in Section 98-62; or

(c)        for primary or secondary easements, access has already been constructed, or an access volume has been dedicated, on the same block or on the same street frontage, and that such access or access volume meets the location and access requirements for primary or secondary access easements, as specified in Section 98-62, paragraphs (a) and (b), and meets all standards, as applicable, for persons with disabilities; or

(d)        for primary or secondary easements, construction documents for the High Line open space have been developed by the City that specify the same street frontage as an access location; or

(e)        such development or enlargement is located wholly within an M1-5 District and no portion of such development or enlargement has more than 10,000 square feet of floor area and is located within five feet of the High Line; or

(f)        such development or enlargement is located on a zoning lot that fronts on West 23rd Street.