Requires building developments comply with present law or with satisfactory traffic control and street improvement plans in N.Y. city

Justification

This amendment is designed to eliminate the duplication of administrative procedures that occurs when a developer is required to obtain both a certification from the city planning commission that a development has adequate vehicular access under requirements set forth in the zoning resolution and a variance or special exception from the board of appeals In order to obtain a certificate of occupancy for such development under the GLC § 36(2).

Background

GLC § 36(2) is designed to ensure that all new buildings have reasonable access to mapped streets for emergency and other vehicular access. Under the provisions of GLC § 36(2) as historically interpreted in New York City, any development which does not have direct access to a street or highway shown on the official city map has been required to obtain a variance from the BSA before the DOB will issue a certificate of occupancy for any of the buildings located in the development. In granting this variance, the BSA examines whether the development has adequate emergency and vehicular access to a mapped street and imposes any necessary conditions required to ensure such access.

BSA variances pursuant to GLC §36(2) have been prevalent in Staten Island where there are many areas and neighborhoods which do not have streets placed on the official city map. Typically, in these areas streets were plotted by surveyors earlier in the century but never placed on the official city map ("streets of record"). Many of these streets of record have been improved and serve existing residences. In addition, many of these streets are shown on unofficial city maps and plans, including the NYCZR. However, any development constructed on these streets is not considered to have direct access to a street placed on the official city map. Therefore, a variance is required from the BSA. At the same time, as part of the general development review for certain special districts in Staten Island, the CPC has required that a developer obtain a CPC certification that developments have adequate vehicular access. In making such a certification, the CPC examines the development's overall access to a street or highway placed on the city map and access and egress for emergency traffic in particular.

This act will provide that in special zoning districts where a CPC certification concerning a development's vehicular access is required, such certification would be sufficient to satisfy the requirements of GLC §36(2). The act will have a limited effect because it will only apply in those special zoning district instances when a developer ordinarily would be required to obtain both the CPC certification and a BSA variance. In such cases, this act will eliminate the duplicate CPC and BSA review procedures. The current dual procedure provides no public benefit and greatly increases the processing time and expense for many proposed developments, particularly in Staten Island. Because the majority of such developments are residential developments, the cost of housing is adversely affected by the dual application process. For the purpose of GLC §36(2), the CPC certification in certain special zoning districts will provide adequate assurance that a development provides the necessary access for vehicular and emergency traffic to a mapped street.

Effective date

Immediately.