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
________________________________________________________________________
6668--A
Cal. No. 401
IN SENATE
March 8, 2012
___________
Introduced by Sens. LANZA, AVELLA -- read twice and ordered printed, and
when printed to be committed to the Committee on Cities -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
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 and subdivision b as amended by local law number 102 of the city of New
4 York for the year 1977, and subdivision c as amended by a vote of the
5 people of the city of New York at the general election held in November
6 1989, are amended to read as follows:
7 1. Each proposal or application shall be filed with the board of stan-
8 dards and appeals, which shall forward a copy within five days to the
9 community board for each community district in which the land involved,
10 or any part thereof, is located, and to the borough board if the
11 proposal or application involves land located in two or more districts
12 in a borough; and shall deliver, within five days, a copy thereof to
13 each member of the council, each member of the state assembly and each
14 state senator in whose district, and the president of the borough in
15 which the land involved is located.
16 b. The recommendation of a community board or borough board pursuant
17 to subdivision a of this section shall be filed with the board of stand-
18 ards and appeals and [a copy] copies sent to the city planning commis-
19 sion, and to each member of the council, each member of the state assem-
20 bly and each state senator in whose district, and the president of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14744-02-2
S. 6668--A 2
1 borough in which the land involved is located. The board of standards
2 and appeals shall conduct a public hearing and act on the proposed
3 application. A decision of the board shall indicate whether each of the
4 specific requirements of the zoning resolution for the granting of vari-
5 ances has been met and shall include findings of fact with regard to
6 each such requirement.
7 c. Copies of a decision of the board of standards and appeals and
8 copies of any recommendation of the affected community board or borough
9 board shall be filed with the city planning commission. Copies of the
10 decision shall also be filed with the affected community or borough
11 boards. In addition, copies of the decision shall be sent to each
12 member of the council, each member of the state assembly and each state
13 senator in whose district, and the president of the borough in which the
14 land involved is located.
15 § 2. Subdivision b of section 669 of the New York city charter, such
16 section as designated by a vote of the people of the city of New York at
17 the general election held in November 1975, is amended to read as
18 follows:
19 b. Such appeal may be taken within such time as shall be prescribed by
20 the board by general rule, by filing with the officer from whom the
21 appeal is taken and with the board a notice of appeal, specifying the
22 grounds thereof. The board shall deliver each notice of appeal so filed
23 within five days to each member of the council, each member of the state
24 assembly and each state senator in whose district, and the president of
25 the borough in which the land involved is located. The officer from whom
26 the appeal is taken shall forthwith transmit to the board all the papers
27 constituting the record upon which the action appealed from was taken.
28 § 3. Subdivision a of section 201 of the New York city charter, as
29 amended by a vote of the people of the city of New York at the general
30 election held in November of 1989, is amended to read as follows:
31 a. Applications for changes in the zoning resolution may be filed by
32 any taxpayer, community board, borough board, borough president, by the
33 mayor or by the land use committee of the council if two-thirds of the
34 members of the committee shall have voted to approve such filing with
35 the city planning commission. The city planning commission shall deliv-
36 er each application so filed within five days to each member of the
37 council, each member of the state assembly and each state senator in
38 whose district, and the president of the borough in which the land
39 involved is located. All such applications involving changes in the
40 designation of zoning districts under the zoning resolution shall be
41 subject to review and approval pursuant to section one hundred ninety-
42 seven-c and one hundred ninety-seven-d of this chapter. For applica-
43 tions involving other changes in zoning resolutions and regulations, the
44 commission prior to taking action upon any such application shall refer
45 it to the affected community boards or borough boards for a public
46 hearing and recommendation.
47 § 4. This act shall take effect on the thirtieth day after it shall
48 have become a law, and shall apply to proposals and applications filed
49 with the board of standards and appeals and the city planning commission
50 of the city of New York on or after such date.
