A06161 Summary:

BILL NO    A06161 

SAME AS    SAME AS S03708

SPONSOR    Borelli

COSPNSR    

MLTSPNSR   

Amd S197-c, NYC Chart

Clarifies the extension of uniform land use review procedures to any
not-for-profit organization or corporation proposing to provide shelters to the
homeless irrespective of any declaration of an emergency or a finding of need
for immediate action.
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A06161 Memo:

BILL NUMBER:A6161

TITLE OF BILL:  An act to amend the New York city charter, in relation
to the application of uniform land use review procedures

PURPOSE OR GENERAL IDEA OF BILL: This bill provides that any
not-for-profit organization or corporation which provides or intends
to provide shelter to homeless, be subject to local/municipal land use
community review procedures.

SUMMARY OF SPECIFIC PROVISIONS: Applications for such land use shall
be reviewed pursuant to a uniform review procedure. The department of
city planning shall be responsible for certifying these applications,

JUSTIFICATION: Recently, the City of New York considered a homeless
plan that would turn over the responsibility of operating homeless
shelters to private not-for-profit organizations. There is a concern
that this shift of responsibility from the public to the private
sector will enable the municipality to circumvent the Uniform Land Use
Review Procedures that would otherwise apply, This legislation would
secure that the siting of these shelters would still be subject to
local community review.

PRIOR LEGISLATIVE HISTORY:2012: A05775 Referred to cities 2011:
A05775 Referred to cities 2010: A7325 (Tobacco) referred to Cities.
2006: A5901 (Ignizio) referred to Cities.

FISCAL IMPLICATIONS: None:

EFFECTIVE DATE: This act shall take effect immediately.
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A06161 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6161

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 16, 2015
                                      ___________

       Introduced  by M. of A. BORELLI -- read once and referred to the Commit-
         tee on Cities

       AN ACT to amend the New York city charter, in relation to  the  applica-
         tion of uniform land use review procedures

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The opening paragraph of subdivision a and  subdivisions  c
    2  and  d  of section 197-c of the New York city charter, the opening para-
    3  graph of subdivision a and subdivision c as amended and subdivision d as
    4  added by a vote of the people of the city of New  York  at  the  general
    5  election held in November of 1989, are amended to read as follows:
    6    Except  as  otherwise  provided  in  this charter, applications by any
    7  person, NOT-FOR-PROFIT ORGANIZATION or agency  for  changes,  approvals,
    8  contracts,  consents,  permits  or authorization thereof, respecting the
    9  use, development or improvement of real property subject to  city  regu-
   10  lation  shall  be reviewed pursuant to a uniform review procedure in the
   11  following categories:
   12    c. The department of city planning shall be responsible for certifying
   13  that applications pursuant to subdivision a OR A-1 of this  section  are
   14  complete and ready to proceed through the uniform land use review proce-
   15  dure  provided  for  in this section.  Upon certification of an applica-
   16  tion, the department shall give notice  of  such  certification  to  the
   17  council.    If  an application under this section has not been certified
   18  within six months after filing, both the applicant and, if the land  use
   19  proposed  in  an  application  is consistent with the land use policy or
   20  strategic policy  statement  of  the  affected  borough  president,  the
   21  affected  borough  president shall have the right at any time thereafter
   22  to appeal to the  city  planning  commission  for  certification.    The
   23  commission  shall  promptly,  but  in any event within sixty days of the
   24  filing of such an appeal, either certify the  application  or  state  in
   25  writing  what further information is  necessary to complete the applica-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01645-01-5
       A. 6161                             2

    1  tion.  If such an appeal is brought by an  affected  borough  president,
    2  the  affirmative  vote of five members of the commission shall be suffi-
    3  cient to certify the application.
    4    d.  If  a meeting involving a city agency, NOT-FOR-PROFIT ORGANIZATION
    5  and an applicant is convened  to define or  substantially  redefine  the
    6  overall  scope  of  issues  to  be  addressed in any draft environmental
    7  impact statement required by law for an  application subject  to  review
    8  under  this  section,  each  affected  community board and each affected
    9  borough president shall receive advance notice of such meeting, and each
   10  shall have the right to send one representative to the meeting.
   11    S 2. Section 197-c of the New York city charter is amended by adding a
   12  new subdivision a-1 to read as follows:
   13    A-1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  GENERAL  OR  LOCAL
   14  LAW, THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY TO A NOT-FOR-PROFIT
   15  ORGANIZATION OR CORPORATION WHICH PROVIDES OR INTENDS TO PROVIDE SHELTER
   16  TO HOMELESS PERSONS IRRESPECTIVE OF ANY DECLARATION OF AN EMERGENCY OR A
   17  FINDING OF NEED FOR IMMEDIATE ACTION.
   18    S 3. This act shall take effect immediately.
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