US Laws, Codes, Statutes & Cases

 
    §  668. Variances and special permits. a. Community boards and borough
  boards shall review applications  to  vary  the  zoning  resolution  and
  applications for special permits within the jurisdiction of the board of
  standards  and  appeals  under  the  zoning  resolution  pursuant to the
  following procedure:
    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.
    2.  Each  such  community board shall, not later than sixty days after
  the receipt of the proposal or application, either notify the public  of
  the  proposal  or  application,  in  the  manner  specified  by the city
  planning commission pursuant to subdivision i  of  section  one  hundred
  ninety-seven-c,  conduct a public hearing thereon and prepare and submit
  a written recommendation thereon directly to the board of standards  and
  appeals, or waive the conduct of such public hearing and the preparation
  of such written recommendation.
    3.  A copy of a recommendation or waiver by a community board pursuant
  to paragraph two of this subdivision that involves land  located  within
  two  or  more  community districts in a borough shall also be filed with
  the borough  board  within  the  same  time  period  specified  in  that
  paragraph.  Not  later  than  thirty  days  after  the  filing of such a
  recommendation or waiver with the borough board by every community board
  in which the land involved is located or after  the  expiration  of  the
  time  allowed  for  such  community boards to act, the borough board may
  hold a public hearing on  the  proposal  or  application  and  any  such
  recommendation  and  may  submit  a  written  recommendation or a waiver
  thereof to the board of standards and appeals.
    4. The receipt of such a recommendation or waiver from every community
  or borough board involved, or the expiration of  the  time  allowed  for
  such  boards  to  act, shall constitute an authorization to the board of
  standards and appeals to review the application and to make a decision.
    5. If after the receipt of such a recommendation or waiver from  every
  community  or  borough  board  involved,  or  the expiration of the time
  allowed for such boards to act, the applicant for a  special  permit  or
  variance  submits  to  the board of standards and appeals any additional
  documents or plans, he or she shall at the same time forward  copies  of
  such  documents  or  plans  to the city planning commission, the council
  member involved and to the community or borough board involved.
    6. Copies of any written information submitted  by  an  applicant  for
  purposes  of  determining whether an environmental impact statement will
  be required by law in connection with an application under this section,
  and any  documents  or  records  intended  to  define  or  substantially
  redefine  the  overall scope of issues to be addressed in any such draft
  environmental impact  statement  shall  be  delivered  to  all  affected
  community boards and borough boards.
    7.  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  community
  board involved and each borough president involved shall receive advance
  notice  of  such  meeting,  and  each  shall  have the right to send one
  representative to the meeting.
    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 sent to the city  planning  commission.

  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.
    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.
    d. Any decision of the board of standards and appeals pursuant to this
  section may be reviewed as provided by law.
    e. The city planning commission shall be a party to any proceeding  to
  determine  and  vary  the  application  of  the  zoning  resolution. The
  commission may appear and be heard on any application pursuant  to  this
  section before the board of standards and appeals if, in the judgment of
  the  city  planning commission, the granting of relief requested in such
  application would violate the  requirements  of  the  zoning  resolution
  relating  to  the  granting  of  variances.  The  commission  shall have
  standing to challenge  the  granting  or  denial  of  a  variance  in  a
  proceeding  brought  pursuant  to  article  seventy-eight  of  the civil
  practice law and rules, or in any similar proceeding.