In R3, R4 and R5 Districts, and in C1 and C2 Districts mapped within R3, R4 and R5 Districts, and in C3 Districts, the City Planning Commission may authorize the waiver of bulk regulations for:

(a)        zoning lots with private roads that access at least 20 dwelling units consisting in part of construction within streets that are unimproved and for which the Board of Standards and Appeals has granted a permit pursuant to Section 35 of the General City Law; and

(b)        zoning lots with private roads that access fewer than 20 dwelling units consisting in part of construction within streets that are unimproved and for which the Board of Standards and Appeals has granted a permit pursuant to Section 35 of the General City Law and where such zoning lot has received an authorization pursuant to paragraph (a) of Section 26-26;

The Commission may authorize the waiver of bulk regulations affected by such streets where buildings would be non-complying absent such waiver, provided the Board of Standards and Appeals has prescribed conditions pursuant to Section 35 of the General City Law which require the buildings or portions thereof to be located within the unimproved streets to be compliant and conforming to the provisions of this Resolution. Such waivers shall only be as necessary to address non-compliance resulting from the location of the buildings within and outside the unimproved streets.

The Commission shall find that the private roads are adequate to serve present and future transportation needs and that, through the grant of such waivers, the development complies to the maximum extent feasible with all applicable zoning regulations as if such unimproved streets were not mapped, and that the private road system results in a good site plan.