Approval by the City Planning Commission of a development plan incorporating designated open space as common open space shall be conditioned upon the findings required in Section 78-52 (Common Open Space), except that the Commission may waive or modify any requirements of paragraph (g) of Section 78-52.

Notwithstanding any provision in Article VII, Chapter 8, or elsewhere in this Zoning Resolution, if the City of New York acquires title or a less than fee interest in any designated open space which serves as required open space for a development and the acquisition occurs while the development is under construction or after it is completed, it shall not affect the area's qualifications for satisfying open space requirements for zoning lots in the development.