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A07487 Summary:

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A07487 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7487
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 13, 2015
                                       ___________
 
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Cities
 
        AN  ACT  to  amend  the general city law, in relation to certificates of
          occupancy for unmapped streets in the city of New York
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 36 of the general city law is amended by adding a
     2  new subdivision 3 to read as follows:
     3    3. Notwithstanding any provision of law, rule  or  regulation  to  the
     4  contrary, a certificate of occupancy for a one or two family residential
     5  dwelling  shall  be issued by the department of buildings of the city of
     6  New York for any building abutting an unmapped street without  a  review
     7  by  the  board  of standards and appeals in the following circumstances:
     8  (a) if the corporation counsel of the city of New  York  has  issued  an
     9  opinion  determining that the public way has been open and in use to the
    10  public for a minimum of ten years and has been attested to by  documents
    11  satisfactory to the municipality, that the unmapped street abutting such
    12  building or structure shall have been suitably improved to the satisfac-
    13  tion  of  the  department  of  transportation of the city of New York in
    14  accordance with standards and specifications approved by such department
    15  as adequate in respect to the public health, safety and general  welfare
    16  for  the  special  circumstances  of the particular unmapped street, and
    17  that such building or structure  is  equipped  with  an  automatic  fire
    18  sprinkler, or (b) if the department of buildings of the city of New York
    19  determines that other one or two family residential dwellings which have
    20  successfully  appealed  to  the  board of standards and appeals and have
    21  been issued certificates of occupancy are located within the same  block
    22  where  such  buildings  or  structures  also have frontage that directly
    23  abuts the unmapped street in question, that  such  unmapped  street  has
    24  been  suitably improved to the satisfaction of such department of trans-
    25  portation in accordance with the  same  standards,  specifications,  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02109-02-5
        A. 7487                             2
 
     1  reasonable  exceptions  included  in  the cases of appeals and any other
     2  reasonable exception that will further protect any such street or  high-
     3  way layout, and further provided that such one or two family residential
     4  dwelling  is  equipped with an automatic fire sprinkler system.  Nothing
     5  contained in this subdivision shall limit the jurisdiction of the  board
     6  of  standards  and  appeals  to  determine the application of the zoning
     7  resolution.
     8    § 2. This act shall take effect immediately.