Bill Text: NY S03539 | 2017-2018 | General Assembly | Amended
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
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. LBD02359-02-8S. 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 boroughS. 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.
