Relates to providing notice to affected property owners of applications for variances and special permits

BILL NUMBER:S5106

Title of bill

An act to amend the New York city charter, in relation to notice of applications for variances and special permits for affected property owners

Purpose or general idea of bill

The purpose of the bill is to provide notice to affected property owners of applications for variances and special permits.

SUMMARY Of PROVISIONS:

Section 1 of the bill amends section 668 of the New York City charter by adding a new subdivision a-1, which provides that for every application filed with the Board of Standards and Appeals (BSA), an applicant will furnish a form, prescribed by BSA, to all affected property owners within three business days of filing

Subsections a-1.1 through a-1.7 provide that the form shall include the operative section of the rezoning resolution the application is filed under, the application number assigned to the application, the name of the applicant, the name of the owner of the property subject to the application, the applicable street address, block number, or lot that is the subject of the application , a brief summary of the variance or special permits sought, and the community board that has jurisdiction over the application.

The applicant must submit this form with instructions that if the property is a cooperative or condominium, all tenants should be notified in the manner customarily employed by the cooperative or condominium. If the subject property is occupied by multiple tenants, the applicant must submit the hearing notice to the owner or management of the property, to either post in the lobby or distribute to tenants or unit owners.

An "affected property owner" shall mean an owner or tenant of record of the subject property or an owner of real property located within a four hundred foot radius. If the subject property is not forty thousand square feet or larger, and contains a frontage greater than three hundred feet, then the affected property owner will Include a real property owner within two hundred feet of a line running parallel to the subject property corners. If the application is for a special permit or involves a single one-, two- or three-family dwelling, then the affected property owner will include a real property owner within a two hundred foot radius

Justification

Zoning limitations ensure that the character of a neighborhood is protected. When an owner or developer applies for a variance or special permit, the subject construction by definition falls outside of those limitations. The potential harm to nearby residents can be significant, and the community must be given the opportunity to raise any concerns about future development This bill aims to ensure that those affected residents are properly notified at the time the

application is made so affected property owners can submit any concerns to BSA prior to a final decision.

Prior legislative history

None.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the 30th day.