Relates to divesting the board of standards and appeals of its jurisdiction over matters relating to buildings and zoning; repealer

Section 2 repeals section 668 of the New York city charter.

Section 3 amends the New York city charter by adding a new section 201-a that creates a new system for review by community boards and borough boards of applications to vary the zoning resolution or special permits under the zoning resolution. This new system will require the following:

1. All applications must be filed with city planning commission which will then be required to forward a copy of such application within 5 days to the community board for each community district involved and to the appropriate borough board if two or more districts are involved.

2. Within 60 days the community board must either notify the public of the application and conduct a public hearing and submit a written recommendation to the city planning commission or waive the conduct of the public hearing and submission of a written recommendation.

3. Where an application involves two or more districts, a copy of the community board recommendation must be filed with the borough board. Within 30 days from the filing of the recommendation or waiver, or after the community board's time to act expires, the borough board may hold a public hearing and submit a written recommendation or waiver to the city planning commission.

4. Receipt of written recommendations or waivers constitutes authorization to the city planning commission to review the application and make a decision.

5. All required environmental impact statement written information must be completed and copies provided to affected community and borough boards, including notice of meetings with city agencies.

6. The city planning commission must conduct a public hearing and act on the proposed application.

7. The city planning commission's decision shall indicate whether each of the specific requirements of the zoning resolution for the granting of variances has been met and shall include findings of fact with regard to each such requirement.

Section 4 repeals section 25-202 of the administrative code for the city of New York.

Section 5 amends the administrative code of the city of New York by adding a new section 25-114 which creates a new fee structure for applications, appeals, filings and reviews for zoning variances and special permits.

Sections 6-9 amend various sections of the administrative code and charter of the city of New York to address technical renumbering changes and or deletions as a result of the deletion of all provisions which give the board of standards and appeals jurisdiction over matters relating to zoning and buildings.

Section 10 repeals paragraph 3 of subdivision g of section 10-160 of the administrative code of the city of New York.

Section 11 repeals subdivision (k) of section 24-526 of the administrative code of the city of New York.

Sections 12-21 amend various sections of the administrative code and charter of the city of New York to address technical renumbering changes and or deletions as a result of the deletion of all provisions which give the board of standards and appeals jurisdiction over matters relating to zoning and buildings.

Section 22 states that all functions, powers, duties and obligations of the board of standards and appeals as they relate to the zoning or building regulations of the city of New York are transferred to the department of city planning unless otherwise specified by law.

Section 23 states that all rules, regulations, acts, orders, determinations and decisions of the board of standards and appeals in force at the time of such transfer and assumption, shall continue in force and effect as rules, regulations, acts, orders, determinations and decisions of the department of city planning until duly modified or abrogated.

Section 24 provides for this act to take effect on the ninetieth day after it shall have become law.

Justification

Prior to the 1991 Charter Revision and elimination of the former Board of Estimate, zoning and special permit decisions made by the Board of Standards and Appeals ("BSA") could be reviewed by the Board of Estimate which was comprised of city-wide elected officials including the Mayor, the President of the City Council, the Comptroller and the borough presidents. The effect of this review process was to ensure that the public's voice would be considered in terms of such significant government decision-making. Unfortunately, following the 1991 Charter Revision, the public's voice on such important issues

was in effect silenced because the prior review authority of the Board of Estimate on zoning issues was not carried over to any other body of elected officials and the Mayor retained sole appointment powers in the membership of BSA.

The unfortunate and continuous side effect of this is that BSA has become a body which completely ignores the opinions and concerns of the very communities that will be directly impacted by its decisions. The BSA has become a body which has consistently nullified the protections of the zoning resolution. The BSA has become its own rogue zoning authority creating its own zoning laws by virtue of its individual decisions rather than interpreting and enforcing the zoning laws of this city. It is time for this abuse of power to end and to return the decision making power over variance and special permit applications to the city planning commission with the opportunity for direct input by the residents of this city through the community and borough boards.

Prior legislative history

None.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the ninetieth day after becoming law.