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A06161 Summary:

BILL NOA06161
 
SAME ASSAME AS S03708
 
SPONSORBorelli
 
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:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6161
 
SPONSOR: Borelli
  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 shel- ters 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 Proce- dures 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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6161
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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    § 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    § 3. This act shall take effect immediately.
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