US Laws, Codes, Statutes & Cases

 
    §  197-c.  Uniform land use review procedure.  a.  Except as otherwise
  provided in this charter, applications  by  any  person  or  agency  for
  changes,   approvals,  contracts,  consents,  permits  or  authorization
  thereof, respecting the use, development or improvement of real property
  subject to city regulation shall  be  reviewed  pursuant  to  a  uniform
  review procedure in the following categories:
    (1)    Changes  in  the  city  map  pursuant  to  section  one hundred
  ninety-eight and section one hundred ninety-nine;
    (2)  Maps of subdivisions or plattings of land into  streets,  avenues
  or public places pursuant to section two hundred two;
    (3)    Designations  of  zoning districts under the zoning resolution,
  including conversion from one land use to another land use, pursuant  to
  sections two hundred and two hundred one;
    (4)    Special  permits  within  the jurisdiction of the city planning
  commission under the zoning resolution, pursuant to sections two hundred
  and two hundred one;
    (5)   Site selection for capital  projects  pursuant  to  section  two
  hundred eighteen;
    (6)   Revocable consents pursuant to section three hundred sixty-four,
  requests for proposals and other solicitations for  franchises  pursuant
  to  section  three hundred sixty-three, and major concessions as defined
  pursuant to section three hundred seventy-four;
    (7)  Improvements in real property the  costs  of  which  are  payable
  other than by the city pursuant to section two hundred twenty;
    (8)    Housing  and urban renewal plans and projects pursuant to city,
  state and federal housing laws;
    (9)  Sanitary or waterfront land-fills pursuant to applicable  charter
  provisions or other provisions of law;
    (10)  Sale, lease (other than the lease of office space), exchange, or
  other  disposition  of the real property of the city, including the sale
  or lease of land under water pursuant to section  sixteen  hundred  two,
  chapter fifteen, and other applicable provisions of law;
    (11)  Acquisition  by  the  city  of  real  property  (other  than the
  acquisition of office space for office use  or  a  building  for  office
  use), including acquisition by purchase, condemnation, exchange or lease
  and  including  the  acquisition of land under water pursuant to section
  sixteen hundred two, chapter fifteen, and other applicable provisions of
  law; and
    (12) Such other matters involving the use, development or  improvement
  of  property as are proposed by the city planning commission and enacted
  by the council pursuant to local law.
    b. The following documents shall be filed with the department of  city
  planning:    (1)  applications  under  this  section, (2) any amendments
  thereto that are made prior to approval of such applications pursuant to
  this chapter,  (3) any written information   submitted by  an  applicant
  for  purposes  of determining  whether an environmental impact statement
  will be required by law, and   (4)  documents  or  records  intended  to
  define  or  substantially  redefine  the  overall  scope of issues to be
  addressed in  any draft environmental impact statement required by  law.
  The department of city planning shall forward a copy of any materials it
  receives  pursuant  to  this  subdivision (whether or not such materials
  have been certified as complete)  within  five  days  to  each  affected
  borough president, community board or borough board.
    c. The department of city planning shall be responsible for certifying
  that applications pursuant to subdivision a of this section are complete
  and  ready  to  proceed  through  the  uniform land use review procedure
  provided for in this section.  Upon certification of an application, the
  department shall give notice of such certification to the council.    If

  an  application  under  this  section  has not been certified within six
  months after filing, both the applicant and, if the land use proposed in
  an application is consistent with  the  land  use  policy  or  strategic
  policy statement of the affected borough president, the affected borough
  president  shall  have the right at any time thereafter to appeal to the
  city planning  commission  for  certification.    The  commission  shall
  promptly,  but  in  any event within sixty days of the filing of such an
  appeal, either certify the application or state in writing what  further
  information  is    necessary  to  complete the application.   If such an
  appeal is brought by an affected borough president, the affirmative vote
  of five members of the commission shall be  sufficient  to  certify  the
  application.
    d.  If  a meeting involving a city agency and an applicant is convened
  to define or substantially redefine the  overall scope of issues  to  be
  addressed  in  any  draft environmental impact statement required by law
  for an  application subject to review under this section, each  affected
  community  board  and  each  affected  borough  president  shall receive
  advance notice of such meeting, and each shall have the  right  to  send
  one representative to the meeting.
    e.  Each  affected  community  board  shall, not later than sixty days
  after receipt of an application that  has  been  certified  pursuant  to
  subdivision  c of this section,
    (1)  notify the public of the application in a manner specified by the
  city planning commission pursuant to subdivision i of this section, and
    (2) either (a) conduct a public hearing thereon and prepare and submit
  a written recommendation directly to the city planning commission and to
  the affected borough president or (b) where authorized by this  charter,
  submit  a written waiver of the right to conduct a public hearing and to
  submit such written recommendations to the commission and  the  affected
  borough president.
    f.  A copy of a recommendation or waiver by a community board pursuant
  to subdivision e of this section that involves land located  within  two
  or  more  community  districts in a borough shall also be filed with the
  affected borough board within the  same  time  period  as  specified  in
  subdivision  e.    Not  later  than  thirty  days  after the filing of a
  recommendation  or  waiver  with  the  borough  board  by  all  affected
  community boards, or, if any affected community board shall fail to act,
  thirty  days after the expiration of the time allowed for such community
  board to act, the borough  board  may  hold  a  public  hearing  on  the
  application   and   any   such  recommendations  and  submit  a  written
  recommendation or waiver thereof to the city planning commission.
    g. Not later than thirty days after the filing of a recommendation  or
  waiver  with the borough president by all affected community boards, or,
  if any affected community board shall fail to act, thirty days after the
  expiration of the time allowed for such  community  board  to  act,  the
  borough  president  shall  submit  a  written  recommendation  or waiver
  thereof  to the city planning commission.
    h.  Not later than sixty days after expiration of time allowed for the
  filing of a recommendation or waiver with the city  planning  commission
  by  a  borough  president,  the  commission  shall approve, approve with
  modifications, or disapprove the application.    Any  such  approval  or
  approval   with  modifications  of  the  commission  shall  require  the
  affirmative vote of at least seven  of  the  members,  except  that  the
  affirmative vote of nine members shall be required to approve or approve
  with  modifications  an  application  pursuant to paragraph five, ten or
  eleven of subdivision a of this section relating to a new city  facility
  if  the  affected  borough president recommends against approval of such
  application pursuant to subdivision g of this section and  has  proposed

  an  alternative  location in the same borough for such new city facility
  pursuant to subdivision f or  g  of  section  two  hundred  four.    The
  commission  shall  conduct a public hearing on all applications that are
  subject  to  review  and  approval  by  the  commission pursuant to this
  section.  Prior to taking any action pursuant to this subdivision  on  a
  matter  involving  the  siting  of  a  capital project, the sale, lease,
  exchange or other disposition or acquisition of real property, a request
  for a proposal or other solicitation for  a  franchise  or  a  revocable
  consent,  the  city  planning  commission  may  obtain a report from the
  office  of  management  and  budget  or  the  department   of   citywide
  administrative  services,  as  appropriate.    Any  action  of  the city
  planning  commission   which   modifies   or   disapproves   a   written
  recommendation  of  the  community  board,  borough president or borough
  board shall be accompanied by a written explanation of  its  reason  for
  such action.
    i.  The  city  planning commission shall establish rules providing (1)
  guidelines, minimum standards, and procedural requirements for community
  boards, borough presidents, borough boards and  the  commission  in  the
  exercise  of their duties and responsibilities pursuant to this section,
  (2) minimum standards for  certification  of  applications  pursuant  to
  subdivision  c of this section, and (3) specific time periods for review
  of applications pursuant to this section prior to certification.
    j. If a community board, borough president or borough board  fails  or
  waives  its  right  to act within the time limits for review pursuant to
  subdivisions e, f and g  of  this  section,  the  application  shall  be
  referred  to  the next level of review.  If the city planning commission
  fails to act on an   application within  the  time  limit  specified  in
  subdivision  h  of this section, the application shall be deemed to have
  been denied unless the application (i) is pursuant to paragraph three or
  four of subdivision a of this section, in which case the application may
  be forwarded to the council for review pursuant  to  the  provisions  of
  subdivision b of section two hundred, if applicable, or (ii) is pursuant
  to  paragraph  eight of subdivision a of this section, in which case the
  application shall be referred to the council for review  and  action  as
  provided by state law.
    k.  Notice  of  any  hearing  on  an  application by the city planning
  commission shall be published in the  City  Record  at  least  ten  days
  immediately  prior  to the date of the hearing, and a copy of the notice
  shall be mailed to all community boards or borough  boards  affected  by
  the application.
    l.  The  commission  shall  establish  by  rule procedures for advance
  posting of notices of commission hearings on applications. Such  notices
  shall  be posted at the location of the land involved in such manner and
  with respect to such types  of  applications  as  the  commission  deems
  appropriate.  Failure to post any such notice shall not affect or impair
  the validity of any  decision  of  the  city  planning  commission,  the
  council or other agency or official pursuant to this chapter.
    m.    A  community or borough board may review an application which is
  subject to the uniform land use  review  procedure    pursuant  to  this
  section  but does not involve land so located as to require reference to
  such board for review, if in the board's judgment the application  might
  significantly  affect  the  welfare of the community district or borough
  served by such board.  In such a case the application  and  the  related
  materials submitted to the affected board or boards by the city planning
  department  shall  be  submitted  also to such board upon the request of
  such board, and such board may hold its own public hearing thereon if it
  so desires and may submit its  own  written  recommendations  in  regard

  thereto  to  the  city planning commission for consideration at any time
  before the city planning commission takes action thereon.