US Laws, Codes, Statutes & Cases

 
    §  197-d.  Council  Review. a. The city planning commission shall file
  with the council and with the affected borough president a copy  of  its
  decisions  to  approve  or  approve  with  modifications (1) all matters
  described in subdivision a of section one  hundred  ninety-seven-c,  (2)
  plans pursuant to section one hundred ninety-seven-a, and (3) changes in
  the  text  of the zoning resolution pursuant to sections two hundred and
  two hundred one. Any such filing of a decision pursuant to  section  one
  hundred ninety-seven-c shall be completed prior to the expiration of the
  sixty-day period for action by the commission.  Any such filing with the
  council shall include copies of all written recommendations of community
  boards,  borough  boards  and  borough  presidents  with  respect to the
  decision being filed.
    b.  The  following  decisions  filed  with  the  council  pursuant  to
  subdivision  a of this section, shall be subject to review and action by
  the council:
    (1) any decision of the city planning commission to approve or approve
  with modifications a matter described in paragraph  three  or  eight  of
  subdivision  a  of  section one hundred ninety-seven-c, a disposition of
  residential real property (as defined in  this  paragraph)  pursuant  to
  paragraph  ten  of  subdivision  a of section one hundred ninety-seven-c
  (except  for  dispositions  to  companies  that  have   been   organized
  exclusively  to  develop  housing projects for persons of low income), a
  plan pursuant to section one hundred ninety-seven-a, or a change in  the
  text  of  the  zoning resolution pursuant to sections two hundred or two
  hundred one.  For purposes of this section,  residential  real  property
  shall  mean  real  property  improved  by  structures,  whether  or  not
  occupied,  built  for  or  converted  to  a  use  which   is   primarily
  residential,  but  shall  not include property subsequently converted to
  non-residential use;  (2)  any  other  decision  of  the  city  planning
  commission  to  approve or approve with modifications a matter described
  in subdivision a of section one hundred ninety-seven-c, if (i)  both  an
  affected  community  board  (after  holding  a  public  hearing) and the
  affected borough president, within the time periods allotted  for  their
  reviews pursuant to section one hundred ninety-seven-c, have recommended
  in  writing  against  approval  and (ii) the affected borough president,
  within five days of receiving a copy of the decision of the  commission,
  files  with  the  commission  and the council a written objection to the
  decision; and
    (3) any other decision of the city planning commission to  approve  or
  approve  with  modifications  a  matter  described  in  subdivision a of
  section one hundred ninety-seven-c, if within twenty days of the  filing
  of  such decision pursuant to subdivision a of this section, the council
  resolves by the majority vote of all the council members to  review  the
  decision of the commission.
    c.  Within  fifty  days  of  the  filing  with the council pursuant to
  subdivision a of this section of  any  decision  of  the  city  planning
  commission which pursuant to subdivision b of this section is subject to
  review  by  the  council, the council shall hold a public hearing, after
  giving public notice not less than five days in advance of such hearing,
  and the council, within such fifty days, shall take final action on  the
  decision.  The affirmative vote of a majority of all the council members
  shall be required to approve, approve with modifications  or  disapprove
  such  a  decision.  If,  within  the  time  period  provided for in this
  subdivision and, if applicable, in subdivision d of  this  section,  the
  council  fails to act or fails to act by the required vote on a decision
  of the city planning commission subject to council  review  pursuant  to
  subdivision  b  of  this  section,  the  council shall be deemed to have
  approved the decision of the commission.

    d. The council shall  not  approve  with  modifications  a  commission
  decision  if  the commission has determined pursuant to this subdivision
  that additional review  of  the  modifications  is  required.  Prior  to
  approving  a  decision of the commission with modifications, the council
  shall  file  the  text  of  any  such  proposed  modifications  with the
  commission. Within fifteen days of such  filing,  the  commission  shall
  file  with  the  council  a  written  statement  indicating whether such
  proposed modifications are of such significance that  additional  review
  of  environmental  issues  or  additional review pursuant to section one
  hundred ninety-seven-c is required. If no additional review is required,
  the commission may include in such statement its advisory recommendation
  concerning  the  proposed  modifications,  together  with  any  proposed
  amendments  to  the  proposed  modifications. The council may thereafter
  approve such proposed modifications,  with  or  without  the  amendments
  proposed  by the commission. The time period for council action shall be
  tolled during such fifteen-day period; provided, however, that  proposed
  modifications  may  be  referred  to  the  commission  pursuant  to this
  subdivision only once with respect  to  each  application  or  group  of
  related applications under review by the council.
    e.  All actions of the council pursuant to this section shall be filed
  by the council with the mayor prior to the expiration of the time period
  for council action under subdivisions c and, if applicable,  d  of  this
  section.  Actions of the council pursuant to this section shall be final
  unless the mayor within five days of receiving a filing with respect  to
  such  an  action  of  the  council  files  with  the  council  a written
  disapproval  of  the  action.  Any  mayoral   disapproval   under   this
  subdivision shall be subject to override by a two-thirds vote of all the
  council members within ten days of such filing by the mayor.
    f. The mayor shall have the right to file a written disapproval of any
  approval  deemed  to  have  occurred  pursuant  to subdivision c of this
  section as a result of a failure of the council to act or to act by  the
  required  vote.  Any  such written disapproval must be filed within five
  days of the expiration of the time period  for  action  by  the  council
  under  subdivisions c and, if applicable, d of this section. Any mayoral
  disapproval under this subdivision shall be subject  to  override  by  a
  two-thirds  vote  of  all  the  council  members within ten days of such
  filing by the mayor.
    g. If a decision of the commission approving  an  application  is  not
  subject  to council review pursuant to paragraph one of subdivision b of
  this section or is not  made  subject  to  council  review  pursuant  to
  paragraphs  two or three of subdivision b of this section, the mayor may
  nonetheless file with the council a written objection to  such  decision
  of  the  commission  within  five days of the expiration of time for the
  council to act under paragraph three of subdivision b of  this  section.
  Any  mayoral  objection  under  this  subdivision  shall  be  subject to
  override by a two-thirds vote of all the council members within ten days
  of such filing by the mayor.