What's happening
This bill requires the Board of Standards and Appeals to notify all property owners within one mile of zoning variance or special permit applications in New York City.
Why it matters
Expands property owner notification far beyond current practice. By requiring first-class mail notifications to all property owners within a one-mile radius, the bill could mean thousands more New Yorkers are directly informed about proposed zoning changes, variances, or special permits, increasing transparency but also potentially creating a large administrative burden.
Could lead to greater community involvement and organized opposition or support. With more property owners alerted, there may be a rise in attendance at public hearings, written comments, or neighborhood mobilizations, possibly making it harder for controversial projects to move forward quietly.
Enhances accountability for decision-makers. By mandating that recommendations and final decisions are also sent to all these property owners, the Board of Standards and Appeals may face increased scrutiny and be pressured to justify its actions more thoroughly, potentially altering the outcomes of some cases.
May impact timelines and costs for applicants and the city. The expanded notification process could delay proceedings and incur extra costs for mailings, address verification, and staff, which might ultimately affect the pace and complexity of land use decisions in New York City.
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Who cares
Headline styles
Notify Nearby Property Owners
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 3536a
- 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 Neighbors of Zoning Changes
In Assembly Committee · Cities · Sponsor Michael Cusick
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3536--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 to forward a copy of each application to vary the zoning resolution or for a special permit to each owner of real property within one mile of the land to which such application applies
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 a copy thereof, by first class mail, within five days to each owner of real property located within one mile of the land involved.
b. The recommendation of a community board or borough board pursuant to subdivision a of this section shall be filed with the board of standards and appeals and [a copy] copies sent to the city planning commission to each owner of real property located within one mile of the land
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02358-02-8
S. 3536--A 2
involved. 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, a copy of the decision shall be sent by first class mail to each owner of real property located within one mile of the land involved.
§ 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 a copy thereof, by first class mail, within five days to each owner of real property located within one mile of the land involved.
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 to each owner of real property located within one mile of the land involved. 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 boards. In addition, a copy of the decision shall be sent by first class mail to each owner of real property located within one mile of the land involved.
§ 3. 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 on or after such date; provided,
S. 3536--A 3
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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the New York city charter, in relation to requiring the board of standards and appeals to forward a copy of each application to vary the zoning resolution or for a special permit to each owner of real property within one mile of the land to which such application applies
Purpose
Directs the board of standards and appeals in the city of New York to mail a copy of each application for a variance to property owners within one mile.
Summary of specific provisions
Section one amends paragraph 1 of subdivision a, and subdivisions b and c of section 668 of the New York city charter, paragraph 1 of subdivi- sion 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.
Section two amends 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.
Section three is the effective date.
Justification
Informing and serving the public are two of the major responsibilities of local government. By directing the Board of Standards and Appeals in New York City to mail a copy of each application for a variance to prop- erty owners within one mile, the public well-being will be increased. By being informed, the public will have a greater opportunity to voice their opinions on and prepare for any changes that may take place to the area in which they reside. In addition, this small action by the Board of Standards and Appeals would increase government transparency and public disclosure leading to the further betterment of the lives of area residents.
Legislative history
2017: S.3536 - Referred to Cities / A.6798 - Referred to Cities 2016: S.2911 - 3rd Reading Calendar 2015: S.2911 - 3rd Reading Calendar 2014: S.3610 - Referred to Cities / A.5241 - Referred to Cities 2012: S.6669 - 3rd Reading Calendar / A.9562- Referred to Cities
Fiscal implications
None.
Effective date
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 on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.