What's happening
This bill requires the NYC Board of Standards and Appeals and City Planning Commission to send copies of land use applications and decisions to local council members, state legislators, and borough presidents.
Why it matters
Enhances transparency and accountability. by ensuring that local and state elected officials are promptly informed about applications, decisions, and appeals related to zoning variances and special permits, allowing them to better represent their constituents’ interests.
Facilitates more coordinated and informed oversight. of land use changes, as officials at multiple levels of government will have timely access to the same information as community boards and planning agencies, potentially leading to more robust public discussions and interventions when necessary.
May improve responsiveness to community concerns. because elected officials will be in a better position to act on neighborhood feedback regarding zoning and land use proposals, increasing the likelihood that local voices are considered in decision-making processes.
Could lead to greater scrutiny of development projects. by expanding the circle of notification, the bill may result in more rigorous examination of applications for zoning variances and special permits, possibly affecting the pace and nature of development in New York City.
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Who cares
Headline styles
Send Variances to Lawmakers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 6711a
- Amend and recommit to cities
- Referred to cities
- Referred to cities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Notify Lawmakers of Variance Applications
In Senate Committee · Rules · Sponsor Andrew J. Lanza
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6711--A
2017-2018 Regular Sessions
IN ASSEMBLY
March 16, 2017
Introduced by M. of A. CUSICK -- read once and referred to the Committee on Cities -- recommitted to the Committee on Cities in accordance with Assembly Rule 3, sec. 2 -- 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 Assembly, do enact as follows:
Section 1. Paragraph 1 of subdivision a, and subdivisions b and c of section 668 of the New York city charter, paragraph 1 of subdivision a as amended by local law number 102 of the city of New York for the year 1977, subdivision b as amended by local law number 83 of the city of New York for the year 2017, and subdivision c as amended by a vote of the people of the city of New York at the general election held in November 1989, are amended to read as follows:
1. Each proposal or application shall be filed with the board of standards and appeals, which shall forward a copy within five days to the community board for each community district in which the land involved, or any part thereof, is located, and to the borough board if the proposal or application involves land located in two or more districts in a borough; and shall deliver, within five days, a copy thereof to each member of the council, each member of the state assembly and each state senator in whose district, and the president of the borough in which the land involved is located.
b. The recommendation of a community board or borough board pursuant to subdivision a of this section shall be filed with the board of stand-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02359-03-8
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ards and appeals and [a copy] copies sent to the city planning commission, and to each member of the council, each member of the state assembly and each state senator in whose district, and the president of the borough in which the land involved is located. The board of standards and appeals shall conduct a public hearing and act on the proposed application. A decision of the board 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. When the board of standards and appeals grants or denies an application for a variance or special permit, the board shall respond, as applicable, to any relevant recommendation filed with such board by a community board or borough board regarding such application. Inadvertent failure to comply with the preceding sentence shall not result in the invalidation of any board decision.
c. Copies of a decision of the board of standards and appeals and copies of any recommendation of the affected community board or borough board shall be filed with the city planning commission. Copies of the decision shall also be filed with the affected community or borough boards. In addition, copies of the decision shall be sent to each member of the council, each member of the state assembly and each state senator in whose district, and the president of the borough in which the land involved is located.
§ 2. Paragraph 1 of subdivision c, and subdivisions d and e of section 668 of the New York city charter, as amended by local law number 103 of the city of New York for the year 2017, are amended to read as follows:
1. Each proposal or application shall be filed with the board of standards and appeals, which shall forward a copy within five days to the community board for each community district in which the land involved, or any part thereof, is located, and to the borough board if the proposal or application involves land located in two or more districts in a borough; and shall deliver, within five days, a copy thereof to each member of the council, each member of the state assembly and each state senator in whose district, and the president of the borough in which the land involved is located.
d. The recommendation of a community board or borough board pursuant to subdivision c of this section shall be filed with the board of standards and appeals and [a copy] copies sent to the city planning commission, and to each member of the council, each member of the state assembly and each state senator in whose district, and the president of the borough in which the land involved is located. The board of standards and appeals shall conduct a public hearing and act on the proposed application. All testimony delivered at a public hearing by the applicant on the proposed application shall be sworn or affirmed under oath. A decision of the board 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. When the board of standards and appeals grants or denies an application for a variance or special permit, the board shall respond, as applicable, to any relevant recommendation filed with such board by a community board or borough board regarding such application. Inadvertent failure to comply with the preceding sentence shall not result in the invalidation of any board decision.
e. Copies of a decision of the board of standards and appeals and copies of any recommendation of the affected community board or borough board shall be filed with the city planning commission. Copies of the decision shall also be filed with the affected community or borough
A. 6711--A 3
boards. In addition, copies of the decision shall be sent to each member of the council, each member of the assembly and each state senator in whose district, and the president of the borough in which the land involved is located.
§ 3. Subdivision b of section 669 of the New York city charter, such section as designated by a vote of the people of the city of New York at the general election held in November 1975, is amended to read as follows:
b. Such appeal may be taken within such time as shall be prescribed by the board by general rule, by filing with the officer from whom the appeal is taken and with the board a notice of appeal, specifying the grounds thereof. The board shall deliver each notice of appeal so filed within five days to each member of the council, each member of the state assembly and each state senator in whose district, and the president of the borough in which the land involved is located. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.
§ 4. Subdivision a of section 201 of the New York city charter, as amended by a vote of the people of the city of New York at the general election held in November of 1989, is amended to read as follows:
a. Applications for changes in the zoning resolution may be filed by any taxpayer, community board, borough board, borough president, by the mayor or by the land use committee of the council if two-thirds of the members of the committee shall have voted to approve such filing with the city planning commission. The city planning commission shall deliver each application so filed within five days to each member of the council, each member of the state assembly and each state senator in whose district, and the president of the borough in which the land involved is located. All such applications involving changes in the designation of zoning districts under the zoning resolution shall be subject to review and approval pursuant to section one hundred ninetyseven-c and one hundred ninety-seven-d of this chapter. For applications involving other changes in zoning resolutions and regulations, the commission prior to taking action upon any such application shall refer it to the affected community boards or borough boards for a public hearing and recommendation.
§ 5. This act shall take effect on the thirtieth day after it shall have become a law, and shall apply to proposals and applications filed with the board of standards and appeals and the city planning commission of the city of New York on or after such date; provided, that if local law number 103 of the city of New York for the year 2017 shall not have taken effect on or before such effective date, then section two of this act shall take effect on the same date and in the same manner as such local law takes effect.
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