US Laws, Codes, Statutes & Cases

 
    §  204.  Citywide  statement of needs. a. Each year not later than the
  fifteenth day of November,  the  mayor  shall  submit  to  the  council,
  borough  presidents,  borough  boards  and  community  boards a citywide
  statement of needs concerning city  facilities  prepared  in  accordance
  with  the  criteria  established  pursuant to section two hundred three.
  Copies of the statement shall also be made available to  the  public  in
  the  main  branch  of  the public library in each borough. The statement
  shall identify by agency and program: (1) all new  city  facilities  and
  all  significant expansions of city facilities for which the mayor or an
  agency intends to make or propose an expenditure or to select or propose
  a site during the ensuing two fiscal years and (2) all  city  facilities
  which  the  city plans to close or to reduce significantly in size or in
  capacity for service delivery during the ensuing two fiscal years.
    b. With respect to the city facilities referred to in  clause  one  of
  subdivision a of this section, the statement of needs shall describe for
  each proposed new city facility or significant expansion: (1) the public
  purpose  to  be served thereby, (2) the size and nature of the facility,
  (3) the proposed location by borough and, if practicable,  by  community
  district  or group of community districts, and (4) the specific criteria
  to be used in locating the new facility or expansion.
    c. With respect to the city facilities referred to in  clause  two  of
  subdivision  a  of  this  section, the statement of needs shall describe
  with respect to each such  city  facility:  (1)  the  reasons  for  such
  proposed  closing  or  reduction, (2) the location, and (3) the specific
  criteria for selecting the city facility for closure or for reduction in
  size or capacity for service delivery.
    * d. The statement of needs shall be accompanied  by  a  map  together
  with  explanatory  text,  indicating (1) the location and current use of
  all city-owned real property, including the  appendix  with  respect  to
  city waterfront property described in subdivision i of this section; (2)
  all  final  commitments  relating  to  the  disposition or future use of
  city-owned real property, including assignments  by  the  department  of
  citywide  administrative  services  pursuant  to clause b of subdivision
  three of section sixteen  hundred  two,  and  (3)  to  the  extent  such
  information  is available to the city, the location of health and social
  service facilities operated by the state of  New  York  or  the  federal
  government  or  pursuant  to written agreement on behalf of the state or
  the  federal  government.  Information  which  can  be  presented   most
  effectively  in  text  may  be  presented in this manner. In addition to
  being transmitted with the statement of needs pursuant to subdivision  a
  of  this  section, such map shall be kept on file with the department of
  city planning and shall be available for public inspection and  copying.
  The  map with explanatory text shall be updated in each year ending with
  an even number.
    * NB Expires December 31, 2008
    * d. The statement of needs shall be accompanied  by  a  map  together
  with  explanatory  text,  indicating (1) the location and current use of
  all city-owned real property, (2) all final commitments relating to  the
  disposition  or  future  use  of  city-owned  real  property,  including
  assignments  by  the  department  of  citywide  administrative  services
  pursuant  to  clause  b  of subdivision three of section sixteen hundred
  two, and (3) to the extent such information is available  to  the  city,
  the  location  of  health  and social service facilities operated by the
  state of New York or the  federal  government  or  pursuant  to  written
  agreement  on behalf of the state or the federal government. Information
  which can be presented most effectively in text may be presented in this
  manner. In addition to being transmitted with  the  statement  of  needs
  pursuant  to  subdivision  a  of this section, such map shall be kept on

  file with the department of city planning and  shall  be  available  for
  public  inspection  and copying. The map shall be updated on at least an
  annual basis.
    * NB Effective December 31, 2008
    e. Preparation of the statement of needs. (1) Annually on such date as
  the  mayor  shall  direct,  each  agency  shall  submit  to  the mayor a
  statement containing all the information required to be included in  the
  statement  of  needs  for  the  ensuing  two  fiscal  years  pursuant to
  subdivisions a, b and c of this  section  that  relates  to  the  plans,
  jurisdiction and responsibility of such agency. Such statements shall be
  known  as  the  departmental  statements of need for city facilities. In
  preparing such departmental  statements  of  needs,  each  agency  shall
  review and consider the district needs statements submitted by community
  boards  pursuant  to  paragraph  ten  of subdivision d of section twenty
  eight hundred and the statements of budget priorities submitted  by  the
  community boards pursuant to section two hundred thirty.
    (2)  The  mayor,  assisted  by  the  department  of city planning, the
  department of design and construction and  the  department  of  citywide
  administrative  services,  shall  review such departmental statements of
  need and use them to prepare the statement of needs.  In  preparing  the
  statement  of  needs,  the  mayor  shall  apply the criteria established
  pursuant to section two hundred three.
    f. Upon receipt of the statement of needs pursuant to subdivision a of
  this section, each community board and borough  president  shall  review
  the statement of needs. Each community board shall make the statement of
  needs  available  to  the  public  and  conduct  a public hearing on the
  statement of needs. Each community board  and  borough  president  shall
  have  the  right  to  submit  comments  on the statement of needs to the
  department of city  planning  within  ninety  days  of  receipt  of  the
  statement.  Each  borough  president shall have the right, within ninety
  days of receipt of the statement of needs, to submit a written statement
  to the mayor proposing locations for  any  new  city  facilities  to  be
  located  in  his  or her borough pursuant to the statement of needs. All
  such locations proposed by a borough president shall be located  in  his
  or  her borough and shall be certified by the borough president as being
  consistent  with  the  specific  criteria  for  the  location  of   city
  facilities  contained  in  the  statement of needs and with the criteria
  established pursuant to section two  hundred  three.  Each  city  agency
  shall consider such written statements in taking actions with respect to
  matters included in the statement of needs.
    g.  Whenever an application involving a new city facility is submitted
  to the department of city planning pursuant to paragraph  five,  ten  or
  eleven  of  subdivision  a  of  section  one hundred ninety-seven-c, the
  applicant shall include as part of the application a  statement  of  (1)
  how  the proposed action satisfies the criteria for the location of city
  facilities established  pursuant  to  section  two  hundred  three,  (2)
  whether the proposed action is consistent with the most recent statement
  of  needs,  and  (3)  whether the proposed action is consistent with any
  written statements or  comments  submitted  by  borough  presidents  and
  community  boards in response to the statement of needs. If the proposed
  action is  not  consistent  with  the  criteria  for  location  of  city
  facilities,  the  statement  of needs, or any such written statements or
  comments submitted in response to the statement  of  needs,  the  agency
  shall  include as part of its application a statement of the reasons for
  any such inconsistencies. If the proposed new facility is  not  referred
  to in the statement of needs, the applicant shall submit to the affected
  borough  president  a  description of the public purpose to be served by
  the city facility, its proposed location,  the  appropriation  (if  any)

  that the agency intends to use in connection with the facility, the size
  and nature of the facility and the specific criteria for the location of
  the  facility.  The  affected  borough  president  shall have the right,
  within  thirty days of the submission of such description, to propose an
  alternative location in  his  or  her  borough  for  the  proposed  city
  facility,  provided  that  the  borough president shall certify that the
  alternative  location  satisfies  the  criteria  for  location  of  city
  facilities under section two hundred three and the specific criteria for
  locating the facility in the statement of needs. The application for the
  proposed  site  selection,  disposition  or  acquisition  shall  not  be
  certified and shall not be reviewed  pursuant  to  section  one  hundred
  ninety-seven-c  until  at least thirty days after the submission of such
  information to the affected borough president. A borough  president  may
  elect to waive the right to such thirty-day review period.
    h. The mayor's management report, prepared pursuant to section twelve,
  shall  include a review of the implementation of the statement of needs.
  Such review shall consist of (1) a list of the proposed actions  in  the
  statement  of  needs  that  have  been implemented and of those proposed
  actions that have not been implemented and  (2)  a  description  of  the
  proposed  actions  in the statement of needs which have been implemented
  in a manner significantly  different  from  what  was  proposed  in  the
  statement of needs and the reasons therefor.
    * i.  The map and explanatory text accompanying the statement of needs
  shall include an appendix with  respect  to  city  waterfront  property,
  which  shall  consist  of  a  list indicating for each such property its
  borough and map location; street address; tax block and lot;  applicable
  zoning  district; approximate area in square feet; number of structures,
  if any; current  user  and  use;  and  such  other  information  as  the
  departments  of  city planning and citywide administrative services deem
  appropriate. For purposes of this subdivision, the term "city waterfront
  property" shall mean property owned or leased  by  the  city,  which  is
  seaward of the first upland mapped and improved street, provided that it
  shall also include areas upland of such street which would be contiguous
  with  the  property but for such intervening street where such areas are
  in the same use.
    * NB Expires and repealed December 31, 2008