Directs the board of standards and appeals and the city planning commission in the city of New York to mail a copy of each application for and appeal of a variance to the city council member, borough president and state legislators for the affected land.
STATE OF NEW YORK
________________________________________________________________________
3539--A
2017-2018 Regular Sessions
IN SENATE
January 24, 2017
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities -- recommitted to
the Committee on Cities in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the New York city charter, in relation to requiring the
board of standards and appeals and the city planning commission of the
city of New York to provide a copy of each application for a variance
or special permit to the members of the city council and the state
assembly and the state senator in whose districts, and the president
of the borough in which the land, to which the application relates, is
located
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 1 of subdivision a, and subdivisions b and c of
2 section 668 of the New York city charter, paragraph 1 of subdivision a
3 as amended by local law number 102 of the city of New York for the year
4 1977, subdivision b as amended by local law number 83 of the city of New
5 York for the year 2017, and subdivision c as amended by a vote of the
6 people of the city of New York at the general election held in November
7 1989, are amended to read as follows:
8 1. Each proposal or application shall be filed with the board of stan-
9 dards and appeals, which shall forward a copy within five days to the
10 community board for each community district in which the land involved,
11 or any part thereof, is located, and to the borough board if the
12 proposal or application involves land located in two or more districts
13 in a borough; and shall deliver, within five days, a copy thereof to
14 each member of the council, each member of the state assembly and each
15 state senator in whose district, and the president of the borough in
16 which the land involved is located.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02359-02-8
S. 3539--A 2
1 b. The recommendation of a community board or borough board pursuant
2 to subdivision a of this section shall be filed with the board of stand-
3 ards and appeals and [a copy] copies sent to the city planning commis-
4 sion, and to each member of the council, each member of the state assem-
5 bly and each state senator in whose district, and the president of the
6 borough in which the land involved is located. The board of standards
7 and appeals shall conduct a public hearing and act on the proposed
8 application. A decision of the board shall indicate whether each of the
9 specific requirements of the zoning resolution for the granting of vari-
10 ances has been met and shall include findings of fact with regard to
11 each such requirement. When the board of standards and appeals grants
12 or denies an application for a variance or special permit, the board
13 shall respond, as applicable, to any relevant recommendation filed with
14 such board by a community board or borough board regarding such applica-
15 tion. Inadvertent failure to comply with the preceding sentence shall
16 not result in the invalidation of any board decision.
17 c. Copies of a decision of the board of standards and appeals and
18 copies of any recommendation of the affected community board or borough
19 board shall be filed with the city planning commission. Copies of the
20 decision shall also be filed with the affected community or borough
21 boards. In addition, copies of the decision shall be sent to each
22 member of the council, each member of the state assembly and each state
23 senator in whose district, and the president of the borough in which the
24 land involved is located.
25 § 2. Paragraph 1 of subdivision c, and subdivisions d and e of section
26 668 of the New York city charter, as amended by local law number 103 of
27 the city of New York for the year 2017, are amended to read as follows:
28 1. Each proposal or application shall be filed with the board of stan-
29 dards and appeals, which shall forward a copy within five days to the
30 community board for each community district in which the land involved,
31 or any part thereof, is located, and to the borough board if the
32 proposal or application involves land located in two or more districts
33 in a borough; and shall deliver, within five days, a copy thereof to
34 each member of the council, each member of the state assembly and each
35 state senator in whose district, and the president of the borough in
36 which the land involved is located.
37 d. The recommendation of a community board or borough board pursuant
38 to subdivision c of this section shall be filed with the board of stand-
39 ards and appeals and [a copy] copies sent to the city planning commis-
40 sion, and to each member of the council, each member of the state assem-
41 bly and each state senator in whose district, and the president of the
42 borough in which the land involved is located. The board of standards
43 and appeals shall conduct a public hearing and act on the proposed
44 application. All testimony delivered at a public hearing by the appli-
45 cant on the proposed application shall be sworn or affirmed under oath.
46 A decision of the board shall indicate whether each of the specific
47 requirements of the zoning resolution for the granting of variances has
48 been met and shall include findings of fact with regard to each such
49 requirement. When the board of standards and appeals grants or denies an
50 application for a variance or special permit, the board shall respond,
51 as applicable, to any relevant recommendation filed with such board by a
52 community board or borough board regarding such application. Inadvert-
53 ent failure to comply with the preceding sentence shall not result in
54 the invalidation of any board decision.
55 e. Copies of a decision of the board of standards and appeals and
56 copies of any recommendation of the affected community board or borough
S. 3539--A 3
1 board shall be filed with the city planning commission. Copies of the
2 decision shall also be filed with the affected community or borough
3 boards. In addition, copies of the decision shall be sent to each
4 member of the council, each member of the assembly and each state
5 senator in whose district, and the president of the borough in which the
6 land involved is located.
7 § 3. Subdivision b of section 669 of the New York city charter, such
8 section as designated by a vote of the people of the city of New York at
9 the general election held in November 1975, is amended to read as
10 follows:
11 b. Such appeal may be taken within such time as shall be prescribed by
12 the board by general rule, by filing with the officer from whom the
13 appeal is taken and with the board a notice of appeal, specifying the
14 grounds thereof. The board shall deliver each notice of appeal so filed
15 within five days to each member of the council, each member of the state
16 assembly and each state senator in whose district, and the president of
17 the borough in which the land involved is located. The officer from whom
18 the appeal is taken shall forthwith transmit to the board all the papers
19 constituting the record upon which the action appealed from was taken.
20 § 4. Subdivision a of section 201 of the New York city charter, as
21 amended by a vote of the people of the city of New York at the general
22 election held in November of 1989, is amended to read as follows:
23 a. Applications for changes in the zoning resolution may be filed by
24 any taxpayer, community board, borough board, borough president, by the
25 mayor or by the land use committee of the council if two-thirds of the
26 members of the committee shall have voted to approve such filing with
27 the city planning commission. The city planning commission shall deliv-
28 er each application so filed within five days to each member of the
29 council, each member of the state assembly and each state senator in
30 whose district, and the president of the borough in which the land
31 involved is located. All such applications involving changes in the
32 designation of zoning districts under the zoning resolution shall be
33 subject to review and approval pursuant to section one hundred ninety-
34 seven-c and one hundred ninety-seven-d of this chapter. For applica-
35 tions involving other changes in zoning resolutions and regulations, the
36 commission prior to taking action upon any such application shall refer
37 it to the affected community boards or borough boards for a public
38 hearing and recommendation.
39 § 5. This act shall take effect on the thirtieth day after it shall
40 have become a law, and shall apply to proposals and applications filed
41 with the board of standards and appeals and the city planning commission
42 of the city of New York on or after such date; provided, that if local
43 law number 103 of the city of New York for the year 2017 shall not have
44 taken effect on or before such effective date, then section two of this
45 act shall take effect on the same date and in the same manner as such
46 local law takes effect.