Bill Text: NY S03539 | 2017-2018 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S03539 Detail]

Download: New_York-2017-S03539-Amended.html

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                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.