Bill Text: NY A08858 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires specific review procedures for approval of development projects in marshlands by the city planning commission including site plans, surveys, environmental review and community hearings and input.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-18 - referred to cities [A08858 Detail]
Download: New_York-2023-A08858-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8858 IN ASSEMBLY January 18, 2024 ___________ Introduced by M. of A. WILLIAMS -- read once and referred to the Commit- tee on Cities AN ACT to amend the administrative code of the city of New York, in relation to special review procedures for development in marshlands The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The administrative code of the city of New York is amended 2 by adding a new section 25-121 to read as follows: 3 § 25-121 Special review procedure in marshland. a. Definitions. As 4 used in this section the following terms shall have the following mean- 5 ings: 6 1. "Development" means the construction of a new building or other 7 structure, or the alteration of an existing building or other structure, 8 including demolition and replacement, for the purpose of increasing the 9 number of residential dwelling units within such building or structure 10 or that will require a certificate of occupancy to be issued from the 11 city. 12 2. "Enlargement" means an addition to the floor area of an existing 13 building, an increase in the size of any other structure, or an expan- 14 sion of an existing use, including any uses accessory thereto, to an 15 open portion of a zoning lot not previously used for such use. 16 3. "Marsh" means a wet prairie that has waterlogged soil during the 17 growing season (from last spring frost to first fall frost) and is often 18 covered with shallow water. 19 4. "Marshland" means any area containing a marsh or that has within 20 one hundred years prior to the effective date of this section contained 21 a marsh located within a watershed for which a watershed protection plan 22 has been established pursuant to section 24-527 of this code. 23 5. "Project" means any development or enlargement. 24 6. "Residential dwelling unit" means any building or structure or 25 portion thereof which is legally occupied in whole or in part as the 26 home, residence or sleeping place of one or more human beings. 27 b. The city planning commission shall not authorize a project on 28 marshland until the requirements of this section have been completed. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13514-04-4A. 8858 2 1 c. Except in the case of projects that have been exempted by the city 2 planning commission pursuant to subdivision j of this section from the 3 special review procedure established by this section, no project shall 4 be permitted on a zoning lot in marshland until the owner thereof shall 5 have filed notice of such proposed project with the city planning 6 commission and the community board of the community district in which 7 the project is proposed to be located. Additionally, the owner shall 8 file an application for authorization with the city planning commission 9 that shall include a description of the project, including its location, 10 floor plans, the building footprint on the building parcel and architec- 11 tural renderings, as well as: 12 1. a survey map prepared by a registered surveyor showing topography, 13 the location of existing buildings or other structures, patios, decks, 14 swimming pools, walkways, driveways and private roads, including side- 15 walks and other impervious surfaces; and the location of geologic 16 features, aquatic features and botanic environments; 17 2. photographs showing the location and condition of such geologic 18 features, aquatic features or botanic environments; 19 3. a site plan prepared by a registered architect or professional 20 engineer indicating the location of all existing buildings or other 21 structures; the location of all proposed buildings or other structures; 22 the location of existing and proposed patios, decks, swimming pools, 23 walkways, driveways and private roads, including sidewalks and other 24 impervious surfaces; 25 4. a drainage plan and soil report prepared by a professional engi- 26 neer. The drainage plan shall describe the temporary (during 27 construction) and permanent measures to collect, direct and discharge 28 stormwater drainage from the site, indicating the direction of drainage 29 flow and providing detailed plans and locations of all surface and 30 subsurface drainage devices, walls, dams, sediment basins, stormwater 31 storage (detention and retention) facilities, and other drainage facili- 32 ties and protective devices; 33 5. a landscaping and revegetation plan, prepared by a registered land- 34 scape architect, indicating the extent of vegetation and topsoil removal 35 required for site preparation and development and the location and 36 species of all new plantings; and 37 6. any other information necessary to evaluate the request for author- 38 ization. 39 The commission may only waive or modify any of the requirements set 40 forth in paragraphs one through six of this subdivision, when: (A) such 41 waiver or modification is requested by the applicant in writing and when 42 the commission determines that the requirements are unnecessary for 43 evaluation purposes; (B) the community board of the community district 44 in which the project is proposed to be located has approved the proposed 45 waiver or modification; (C) the borough president who represents the 46 borough or county in which the project is proposed to be located has 47 approved the proposed waiver or modification; (D) the city council 48 member or members in whose district the project is proposed to be 49 located have approved the proposed waiver or modification; and (E) the 50 member or members of assembly and the senator or senators in whose 51 districts the project is proposed to be located shall be notified of 52 such approval in writing and shall have the opportunity to review and 53 make advisory recommendations on the proposed project. The member or 54 members of assembly and the senator or senators in whose district the 55 project is proposed to be located have approved the proposed waiver or 56 modification.A. 8858 3 1 d. Upon receipt of a complete application for authorization, the city 2 planning commission shall require a site-specific environmental review 3 of the project. 4 1. When applying for authorization for a project an applicant shall 5 notify the city planning commission in writing as to whether it will 6 exercise its option to prepare or cause to be prepared a site-specific 7 environmental review, and as to whom it has designated to prepare the 8 site-specific environmental review, provided that no person so desig- 9 nated shall have an investment or employment interest in the ultimate 10 realization of the proposed project. 11 2. If an applicant declines responsibility for a site-specific envi- 12 ronmental review, the city planning commission may prepare or cause to 13 be prepared a site-specific environmental review for the project. In 14 such event, the applicant shall provide, upon request, an environmental 15 report to assist the city planning commission in preparing or causing to 16 be prepared the site-specific environmental review and such other infor- 17 mation as may be necessary. All agencies shall fully cooperate with the 18 city planning commission in all matters relating to the preparation of 19 the site-specific environmental review. 20 3. If the applicant does not exercise its option to prepare or cause 21 to be prepared a site-specific environmental review, and the city plan- 22 ning commission does not prepare or cause to be prepared such review, 23 then the application for authorization of the proposed project shall be 24 denied. 25 e. Once a site-specific environmental review is complete, the city 26 planning commission shall forward a copy of the findings of the review 27 to the community board or boards for the community district or districts 28 in which the proposed project is located along with a copy of the appli- 29 cation for authorization of the project. The city planning commission 30 shall also make a copy of the findings of the site-specific environ- 31 mental review and application for authorization available to the public 32 on the commission's website. 33 f. Not less than forty-five days nor more than ninety days after a 34 site-specific environmental review is completed, the city planning 35 commission shall hold a public community forum for the purpose of 36 obtaining meaningful public and community board input concerning the 37 anticipated impact of the proposed project upon the community. The city 38 planning commission shall afford community members, representatives of 39 the local community board, local businesses and residents a reasonable 40 opportunity to speak about relevant matters at such community forum, 41 including comments on any aspect of the application or site-specific 42 environmental review for the proposed project. Every such forum shall be 43 held upon not less than twenty days notice to the affected community and 44 the local community board. 45 g. The city planning commission shall, prior to establishing the date, 46 time and location of the public community forum, consult with and obtain 47 the advice and consent of the appropriate community board as to estab- 48 lishing a convenient date, time and location to conduct the forum for 49 the locally impacted community. Such forum location shall be within 50 reasonable proximity of the proposed project and in suitable facilities 51 that provide adequate room and access to hear public comments presented. 52 h. Not less than sixty days, nor more than ninety days, after holding 53 a community forum the city planning commission shall, after due consid- 54 eration of the comments at such forum, either approve, approve subject 55 to modifications, or deny the application for authorization of the 56 project. In making its decision, the commission shall, in addition toA. 8858 4 1 the site-specific environmental review findings, evaluate the project's 2 potential to cause an adverse environmental impact on the marshland and 3 surrounding community. When determining the potential for an adverse 4 impact the commission shall consider the effect of any project on the 5 total ecological process of the marshland and surrounding natural envi- 6 ronment including the effect of such project on the existing topography, 7 soil conditions, erosion, natural flow of water and drainage, water 8 quality, and animal, plant and marine life. A project found to be defi- 9 cient with respect to any of these considerations may be required to be 10 modified as a condition of final approval. The city planning commission 11 shall deny authorization for any project found to have an adverse impact 12 on the marshland or surrounding community. 13 i. Prior to the issuance by the department of buildings of any permit 14 for any project within a marshland, the city planning commission shall 15 certify to the department of buildings that the project is authorized 16 pursuant to this section. Neither the department of buildings or any 17 other city or state agency shall issue a permit for the development or 18 enlargement until the city planning commission has so certified. 19 j. The city planning commission shall promulgate rules and regulations 20 necessary to implement the provisions of this section including rules 21 delineating the locations of marshland within the city and describing 22 the types of projects therein, if any, which shall be exempt from the 23 provisions of this section. Prior to the promulgation of such rules, the 24 city planning commission shall consult with the community board of any 25 community district containing areas the commission may delineate as 26 marshland regarding the types of projects to be exempt from the 27 provisions of this section and in what areas of the community district. 28 Such consultation shall include a notice and comment period of forty- 29 five days. The city planning commission may exempt types of projects 30 from the provisions of this section upon receipt of a resolution of a 31 community board requesting such types of projects to be exempted. 32 § 2. This act shall take effect on the ninetieth day after it shall 33 have become a law. Effective immediately, the addition, amendment and/or 34 repeal of any rule or regulation necessary for the implementation of 35 this act on its effective date are authorized to be made and completed 36 on or before such effective date.
