senate Bill S685

Relates to divesting the board of standards and appeals of its jurisdiction over matters relating to buildings and zoning; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 09 / Jan / 2013
    • REFERRED TO CITIES
  • 08 / Jan / 2014
    • REFERRED TO CITIES

Summary

Relates to divesting the board of standards and appeals of its jurisdiction over matters relating to buildings and zoning.

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Bill Details

Versions:
S685
Legislative Cycle:
2013-2014
Current Committee:
Senate Cities
Law Section:
New York City Charter
Laws Affected:
Amd §§666, 200, 645 & 648, rpld §668, add §201-a; NYC Chart; rpld §§25-202, 10-160, 24-526, amd NYC Ad Cd, generally; amd §36, Gen City L
Versions Introduced in 2011-2012 Legislative Cycle:
S6102

Sponsor Memo

BILL NUMBER:S685

TITLE OF BILL:

An act
to amend the New York city charter, the administrative code of
the city of New
York and the general city law, in relation to divesting the board
of standards and
appeals of its jurisdiction over matters relating to buildings and
zoning; and repealing
certain provisions of the New York city charter and the administrative
code of the city of
New York relating thereto

SUMMARY OF PROVISIONS:

Section 1 of the bill amends various subdivisions of the New York city
charter by removing all provisions which give the board of standards
and appeals jurisdiction over matters relating to zoning and buildings.

Section 2 repeals section 668 of the New York city charter.

Section 3 amends the New York city charter by adding a new section
201-a that creates a new system for review by community boards and
borough boards of applications to vary the zoning resolution or
special permits under the zoning resolution. This new system will
require the following:

1. All applications must be filed with city planning commission which
will then be required to forward a copy of such application within 5
days to the community board for each community district involved and
to the appropriate borough board if two or more districts are involved.

2. Within 60 days the community board must either notify the public of
the application and conduct a public hearing and submit a written
recommendation to the city planning commission or waive the conduct
of the public hearing and submission of a written recommendation.

3. Where an application involves two or more districts, a copy of the
community board recommendation must be filed with the borough board.
Within 30 days from the filing of the recommendation or waiver, or
after the community board's time to act expires, the borough board
may hold a public hearing and submit a written recommendation or
waiver to the city planning commission.

4. Receipt of written recommendations or waivers constitutes
authorization to the city planning commission to review the
application and make a decision.

5. All required environmental impact statement written information
must be completed and copies provided to affected community and
borough boards, including notice of meetings with city agencies.

6. The city planning commission must conduct a public hearing and act
on the proposed application.


7. The city planning commission's decision 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.

Section 4 repeals section 25-202 of the administrative code for the
city of New York.

Section 5 amends the administrative code of the city of New York by
adding a new section 25-114 which creates a new fee structure for
applications, appeals, filings and reviews for zoning variances and
special permits.

Sections 6-9 amend various sections of the administrative code and
charter of the city of New York to address technical renumbering
changes and or deletions as a result of the deletion of all
provisions which give the board of standards and appeals jurisdiction
over matters relating to zoning and buildings.

Section 10 repeals paragraph 3 of subdivision g of section 10-160 of
the administrative code of the city of New York.

Section 11 repeals subdivision (k) of section 24-526 of the
administrative code of the city of New York.

Sections 12-21 amend various sections of the administrative code and
charter of the city of New York to address technical renumbering
changes and or deletions as a result of the deletion of all
provisions which give the board of standards and appeals jurisdiction
over matters relating to zoning and buildings.

Section 22 states that all functions, powers, duties and obligations
of the board of standards and appeals as they relate to the zoning or
building regulations of the city of New York are transferred to the
department of city planning unless otherwise specified by law.

Section 23 states that all rules, regulations, acts, orders,
determinations and decisions of the board of standards and appeals in
force at the time of such transfer and assumption, shall continue in
force and effect as rules, regulations, acts, orders, determinations
and decisions of the department of city planning until duly modified
or abrogated.

Section 24 provides for this act to take effect on the ninetieth day
after it shall have become law.

JUSTIFICATION:

Prior to the 1991 Charter Revision and elimination of the former Board
of Estimate, zoning and special permit decisions made by the Board of
Standards and Appeals ("BSA") could be reviewed by the Board of
Estimate which was comprised of city-wide elected officials including
the Mayor, the President of the City Council, the Comptroller and the
borough presidents. The effect of this review process was to ensure
that the public's voice would be considered in terms of such
significant government decision-making. Unfortunately, following the
1991 Charter Revision, the public's voice on such important issues


was in effect silenced because the prior review authority of the
Board of Estimate on zoning issues was not carried over to any other
body of elected officials and the Mayor retained sole appointment
powers in the membership of BSA.

The unfortunate and continuous side effect of this is that BSA has
become a body which completely ignores the opinions and concerns of
the very communities that will be directly impacted by its decisions.
The BSA has become a body which has consistently nullified the
protections of the zoning resolution. The BSA has become its own
rogue zoning authority creating its own zoning laws by virtue of its
individual decisions rather than interpreting and enforcing the
zoning laws of this city. It is time for this abuse of power to end
and to return the decision making power over variance and special
permit applications to the city planning commission with the
opportunity for direct input by the residents of this city through
the community and borough boards.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.6102

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after becoming law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   685

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the New York city charter, the  administrative  code  of
  the  city of New York and the general city law, in relation to divest-
  ing the board of  standards  and  appeals  of  its  jurisdiction  over
  matters  relating  to  buildings  and  zoning;  and  repealing certain
  provisions of the New York city charter and the administrative code of
  the city of New York relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 5, 6, 7, 8, 9, 10 and 11 of section 666 of the
New  York city charter, subdivision 5 as amended by local law number 102
of the city of New York for the year 1977,  the  opening  paragraph  and
paragraph (b) of subdivision 6 as amended by a vote of the people of the
city of New York at the general election held in November of 1988, para-
graph (a) of subdivision 6 as amended by local law number 39 of the laws
of 2008, paragraph (c) of subdivision 6 and subdivisions 7, 10 and 11 as
amended  by  a vote of the people of the city of New York at the general
election held in November of 1989, subdivision 9 as amended by a vote of
the people of the city of New York  at  the  general  election  held  in
November  of  1975,  and subdivisions 5, 6, 7, 8, 9, 10 and 11 as renum-
bered by local law number 49 of the city of New York for the year  1991,
are amended to read as follows:
  5.  [To determine and vary the application of the zoning resolution as
may be provided in such resolution and pursuant to section  six  hundred
sixty-eight.
  6.] To hear and decide appeals from and review,
  (a)  [except  as  otherwise  provided  by law, any order, requirement,
decision or determination of the commissioner of buildings or of a depu-
ty commissioner of buildings or any borough superintendent of  buildings

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03709-01-3

S. 685                              2

acting  under  a  written  delegation  of power from the commissioner of
buildings filed in accordance with the provisions of section six hundred
forty-two or section six hundred forty-five of this charter, or
  (b)]  any  order,  requirement,  decision or determination of the fire
commissioner or any rule or regulation or amendment  or  repeal  thereof
made by the fire commissioner, or
  [(c)]  (B)  any  order,  requirement, decision or determination of the
commissioner of transportation or the commissioner of  ports  and  trade
made in relation to the structures or uses on water front property under
his  or  her jurisdiction in connection with the application or enforce-
ment of the provisions of [the zoning resolution  of  the  city  of  New
York,]  the  labor law and such other laws, rules and regulations as may
govern the construction, alteration, maintenance, use, occupancy,  safe-
ty,  sanitary  conditions, mechanical equipment and inspection of struc-
tures in the city, under the authority conferred upon them  by  law,  by
reversing  or  affirming  in  whole  or in part, or modifying the order,
regulation, decision or determination appealed from, and  to  make  such
order, requirement, decision or determination as in its opinion ought to
be  made  in  the  premises, and to that end shall have the power of the
officer from whose ruling the appeal is taken, and of any officer  under
whose written delegation of power such ruling was made.
  [7.  In passing upon appeals, to vary or modify any rule or regulation
or the provisions of any law relating to the construction,  use,  struc-
tural  changes,  equipment, alteration or removal of buildings or struc-
tures, or vaults in sidewalks appurtenant thereto, where there are prac-
tical difficulties or unnecessary hardship in the way  of  carrying  out
the  strict  letter  of  the law, so that the spirit of the law shall be
observed, public safety secured and substantial justice  done,  provided
that  the  provisions  of  the housing maintenance code and of any regu-
lation or order issued under such code may be varied or modified only to
the extent permitted by such code and only in the manner and subject  to
the conditions therein specified.
  8.]  6.  To  review, upon motion of any member of the board, any rule,
regulation, amendment or repeal thereof,  and  any  order,  requirement,
decision or determination from which an appeal may be taken to the board
under  the  provisions  of  this  chapter or of any law, or of any rule,
regulation or decision of the board; but no such review shall  prejudice
the  rights  of any person who has in good faith acted thereon before it
is reversed or modified. The provisions  of  this  chapter  relating  to
appeals to the board shall be applicable to such review.
  [9. To afford an equal right to the city planning commission, communi-
ty  boards, and borough boards and lessees and tenants as well as owners
to appear before it for the purpose of proposing arguments or submitting
evidence in respect of any matter brought  before  it  pursuant  to  the
zoning resolution of the city of New York.
  10.  To issue such special permits as the board is authorized to issue
under the zoning resolution.
  11. To revoke or modify, upon due notice and  hearing,  variances  and
special  permits  previously  granted under the zoning resolution if the
terms and conditions of such grants have been violated.]
  S 2. Section 668 of the New York city charter is REPEALED.
  S 3. The New York city charter is amended  by  adding  a  new  section
201-a to read as follows:
  S  201-A.  VARIANCES  AND  SPECIAL  PERMITS.  A.  COMMUNITY BOARDS AND
BOROUGH BOARDS SHALL REVIEW APPLICATIONS TO VARY THE  ZONING  RESOLUTION

S. 685                              3

AND  APPLICATIONS FOR SPECIAL PERMITS UNDER THE ZONING RESOLUTION PURSU-
ANT TO THE FOLLOWING PROCEDURE:
  1.  EACH PROPOSAL OR APPLICATION SHALL BE FILED WITH THE CITY PLANNING
COMMISSION, 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  PLAN-
NING  COMMISSION  PURSUANT TO SUBDIVISION I OF SECTION ONE HUNDRED NINE-
TY-SEVEN-C OF THIS CHARTER, CONDUCT A PUBLIC HEARING THEREON AND PREPARE
AND SUBMIT A WRITTEN RECOMMENDATION THEREON DIRECTLY TO THE  CITY  PLAN-
NING  COMMISSION,  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 SUCH PARA-
GRAPH. NOT LATER THAN THIRTY DAYS AFTER THE FILING OF SUCH A RECOMMENDA-
TION 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 CITY
PLANNING COMMISSION.
  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 CITY PLAN-
NING COMMISSION 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 CITY PLANNING COMMISSION ANY ADDITIONAL DOCU-
MENTS OR PLANS, HE OR SHE SHALL AT THE SAME TIME FORWARD COPIES OF  SUCH
DOCUMENTS  OR  PLANS TO 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  REDE-
FINE THE OVERALL SCOPE OF ISSUES TO BE ADDRESSED IN ANY SUCH DRAFT ENVI-
RONMENTAL  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 REPRE-
SENTATIVE 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 CITY PLANNING
COMMISSION. THE CITY PLANNING COMMISSION SHALL CONDUCT A PUBLIC  HEARING
AND  ACT ON THE PROPOSED APPLICATION. A DECISION OF THE COMMISSION SHALL
INDICATE WHETHER EACH OF THE SPECIFIC REQUIREMENTS OF THE ZONING  RESOL-

S. 685                              4

UTION FOR THE GRANTING OF VARIANCES HAS BEEN MET AND SHALL INCLUDE FIND-
INGS OF FACT WITH REGARD TO EACH SUCH REQUIREMENT.
  C.  COPIES OF A DECISION OF THE CITY PLANNING COMMISSION 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  CITY  PLANNING COMMISSION PURSUANT TO THIS
SECTION MAY BE REVIEWED AS PROVIDED BY LAW.
  S 4. Section 25-202 of the administrative code of the city of New York
is REPEALED.
  S 5. The administrative code of the city of New  York  is  amended  by
adding a new section 25-114 to read as follows:
  S 25-114 FEES. THE FEES HEREINBELOW SET FORTH SHALL BE CHARGED FOR THE
FOLLOWING APPLICATIONS, APPEALS, FILINGS AND REVIEWS:
  1.  ZONING  VARIANCES.  APPLICATION  FOR ANY VARIANCE UNDER THE ZONING
RESOLUTION WITH RESPECT TO:
  A. (1) INDIVIDUALLY OWNED ONE AND TWO FAMILY DWELLINGS: $ 1,100.00.
  (2) INDIVIDUALLY OWNED THREE FAMILY DWELLINGS: $ 1,700.00.
  B. OTHER BUILDINGS AND STRUCTURES (FEE SCHEDULE APPLICABLE  TO  SQUARE
FOOTAGE  INVOLVED IN APPLICATION), AND JUNK YARDS, PARKING LOTS, AUTOMO-
TIVE SERVICE STATIONS AND OTHER SIMILAR USES (FEE SCHEDULE APPLICABLE TO
LOT AREA INVOLVED IN APPLICATION).
  (1) 10,000 SQUARE FEET OR LESS OF FLOOR AREA OR LOT AREA: $ 3,950.00.
  (2) IN EXCESS OF 10,000 BUT NOT MORE THAN 20,000 SQUARE FEET OF  FLOOR
AREA OR LOT AREA: $ 5,480.00.
  (3)  IN EXCESS OF 20,000 BUT NOT MORE THAN 40,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $ 7,040.00.
  (4) IN EXCESS OF 40,000 BUT NOT MORE THAN 70,000 SQUARE FEET OF  FLOOR
AREA OR LOT AREA: $ 8,560.00.
  (5) IN EXCESS OF 70,000 BUT NOT MORE THAN 100,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $ 10,100.00.
  (6) IN EXCESS OF 100,000 SQUARE FEET OF FLOOR AREA: $10,100.00 FOR THE
FIRST  100,000  SQUARE FEET OF FLOOR AREA PLUS 5.0% OF SQUARE FOOTAGE IN
UNITS OF 10,000 SQUARE FEET ABOVE 100,000 SQUARE FEET OF FLOOR AREA.
  (7) IN EXCESS OF 100,000 SQUARE FEET OF LOT AREA: $ 11,200.00.
  C. ALL OTHER APPLICATIONS FOR ANY ZONING  VARIANCE  UNDER  THE  ZONING
RESOLUTION  NOT  SUBJECT  TO  PARAGRAPH  A  OR  B OF THIS SUBDIVISION: $
5,480.00.
  2. ZONING SPECIAL PERMITS. APPLICATION FOR ANY  SPECIAL  PERMIT  UNDER
THE ZONING RESOLUTION WITH RESPECT TO:
  A. (1) INDIVIDUALLY OWNED ONE AND TWO FAMILY DWELLINGS: $ 1,000.00.
  (2) INDIVIDUALLY OWNED THREE FAMILY DWELLINGS: $ 1,570.00.
  B.  OTHER  BUILDINGS AND STRUCTURES (FEE SCHEDULE APPLICABLE TO SQUARE
FOOTAGE INVOLVED IN APPLICATION), AND JUNK YARDS, PARKING LOTS,  AUTOMO-
TIVE SERVICE STATIONS AND OTHER SIMILAR USES (FEE SCHEDULE APPLICABLE TO
LOT AREA INVOLVED IN APPLICATION):
  (1) 10,000 SQUARE FEET OR LESS OF FLOOR AREA OR LOT AREA: $ 2,960.00.
  (2)  IN EXCESS OF 10,000 BUT NOT MORE THAN 20,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $ 4,130.00.
  (3) IN EXCESS OF 20,000 BUT NOT MORE THAN 40,000 SQUARE FEET OF  FLOOR
AREA OR LOT AREA: $ 5,280.00.
  (4)  IN EXCESS OF 40,000 BUT NOT MORE THAN 70,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $ 6,430.00.
  (5) IN EXCESS OF 70,000 BUT NOT MORE THAN 100,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $ 7,580.00.

S. 685                              5

  (6) IN EXCESS OF 100,000 SQUARE FEET OF FLOOR AREA: $7,580.00 FOR  THE
FIRST  100,000  SQUARE FEET OF FLOOR AREA PLUS 5.0% OF SQUARE FOOTAGE IN
UNITS OF 10,000 SQUARE FEET ABOVE 100,000 SQUARE FEET OF FLOOR AREA.
  (7) IN EXCESS OF 100,000 SQUARE FEET OF LOT AREA: $ 8,400.00.
  C.  APPLICATION FOR ANY SPECIAL PERMIT UNDER THE ZONING RESOLUTION NOT
SUBJECT TO PARAGRAPH A OR B OF THIS SUBDIVISION: $ 4,130.00.
  3. SPECIAL ORDER CALENDAR.
  A. APPLICATION TO REARGUE OR REHEAR AN  APPLICATION  PURSUANT  TO  THE
RULES  OF  PRACTICE  AND  PROCEDURE  OF THE DEPARTMENT OF CITY PLANNING:
$1,850.00.
  B. APPLICATION FOR AMENDMENT OF A VARIANCE OR SPECIAL PERMIT PREVIOUS-
LY GRANTED UNDER THE ZONING RESOLUTION WITH RESPECT TO:
  (1) INDIVIDUALLY OWNED ONE AND TWO FAMILY DWELLINGS: $440.00.
  (2) INDIVIDUALLY OWNED THREE FAMILY DWELLINGS: $920.00.
  (3) ALL OTHER DEVELOPMENTS: $2,110.00.
  C. APPLICATION FOR AN EXTENSION OF TIME:
  (1) TO OBTAIN A CERTIFICATE OF OCCUPANCY PURSUANT TO A  RESOLUTION  OF
THE DEPARTMENT OF CITY PLANNING: $1,200.00.
  (2) TO COMPLETE CONSTRUCTION PURSUANT TO SECTION 72-23 OR 73-70 OF THE
ZONING RESOLUTION: $1,200.00.
  D.  APPLICATION  FOR EXTENSION OF TERM OF A VARIANCE OR SPECIAL PERMIT
PREVIOUSLY GRANTED UNDER THE ZONING RESOLUTION WITH RESPECT TO  INDIVID-
UALLY  OWNED  ONE,  TWO  OR  THREE FAMILY DWELLINGS, OTHER BUILDINGS AND
STRUCTURES (FEE SCHEDULE APPLICABLE TO SQUARE FOOTAGE INVOLVED IN APPLI-
CATION), AND JUNKYARDS, PARKING LOTS, AUTOMOTIVE  SERVICE  STATIONS  AND
OTHER  SIMILAR  USES  (FEE  SCHEDULE  APPLICABLE TO LOT AREA INVOLVED IN
APPLICATION):
  (1) INDIVIDUALLY OWNED ONE, TWO OR THREE FAMILY DWELLINGS:  $550.00.
  (2) 10,000 SQUARE FEET OR LESS OF FLOOR AREA OR LOT AREA:  $2,370.00.
  (3) IN EXCESS OF 10,000 BUT NOT MORE THAN 20,000 SQUARE FEET OF  FLOOR
AREA OR LOT AREA: $3,290.00.
  (4)  IN EXCESS OF 20,000 BUT NOT MORE THAN 40,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $4,220.00.
  (5) IN EXCESS OF 40,000 BUT NOT MORE THAN 70,000 SQUARE FEET OF  FLOOR
AREA OR LOT AREA: $5,140.00.
  (6) IN EXCESS OF 70,000 BUT NOT MORE THAN 100,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $6,060.00.
  (7)  IN EXCESS OF 100,000 SQUARE FEET OF FLOOR AREA: $6,060.00 FOR THE
FIRST 100,000 SQUARE FEET OF FLOOR AREA PLUS 5.0% OF SQUARE  FOOTAGE  IN
UNITS OF 10,000 SQUARE FEET ABOVE 100,000 SQUARE FEET OF FLOOR AREA.
  (8) IN EXCESS OF 100,000 SQUARE FEET OF LOT AREA: $6,720.00.
  (9) ALL OTHER APPLICATIONS: $ 3,290.00.
  E.  APPLICATION  TO  WAIVE  THE RULES OF PRACTICE AND PROCEDURE OF THE
DEPARTMENT OF CITY PLANNING WHEN:
  (1) APPLICATION TO EXTEND TIME TO COMPLETE CONSTRUCTION IS  FILED  ONE
YEAR OR LESS AFTER THE PERMITTED FILING PERIOD: $660.00.
  (2)  APPLICATION TO EXTEND TIME TO COMPLETE CONSTRUCTION IS FILED MORE
THAN ONE YEAR AFTER THE PERMITTED FILING PERIOD: $920.00.
  (3) APPLICATION TO EXTEND THE TERM OF A  PREVIOUSLY  ISSUED  VARIANCE,
SPECIAL  PERMIT  OR APPEAL IS FILED ONE YEAR OR LESS AFTER THE PERMITTED
FILING PERIOD:  $1,180.00.
  (4) APPLICATION TO EXTEND THE TERM OF A  PREVIOUSLY  ISSUED  VARIANCE,
SPECIAL  PERMIT  OR APPEAL, IS FILED BETWEEN ONE AND TWO YEARS AFTER THE
PERMITTED FILING PERIOD: $1,850.00.

S. 685                              6

  (5) APPLICATION TO EXTEND THE TERM OF A  PREVIOUSLY  ISSUED  VARIANCE,
SPECIAL PERMIT OR APPEAL, IS FILED MORE THAN TWO YEARS AFTER THE PERMIT-
TED FILING PERIOD:  $2,630.00.
  (6)  APPLICATION  TO  EXTEND THE TERM OF A PREVIOUSLY ISSUED VARIANCE,
SPECIAL PERMIT OR APPEAL, IS FILED MORE THAN TEN YEARS AFTER THE PERMIT-
TED FILING PERIOD:  $5,000.
  F. APPLICATION FOR MINOR AMENDMENT THAT IS IN  SUBSTANTIAL  COMPLIANCE
WITH PREVIOUS GRANT: $ 930.00.
  4. APPEALS.
  A.  APPLICATION  TO  WAIVE  SECTION  THIRTY-FIVE  OR THIRTY-SIX OF THE
GENERAL CITY LAW WITH RESPECT TO:
  (1) ONE,  TWO  AND  THREE  FAMILY  RESIDENCES,  PER  BUILDING  PERMIT:
$790.00.
  (2) ALL OTHER RESIDENCES, PER BUILDING PERMIT: $1,540.00.
  (3)   ALL   OTHER  BUILDINGS  AND  PROPERTIES,  PER  BUILDING  PERMIT:
$1,980.00.
  B. APPEAL TO THE DEPARTMENT OF CITY PLANNING FROM OR  APPLICATION  FOR
REVIEW OF ANY ORDER, REQUIREMENT OR DETERMINATION OF THE COMMISSIONER OF
BUILDINGS  OR  OF ANY BOROUGH SUPERINTENDENT OF THE DEPARTMENT OF BUILD-
INGS; OR APPEAL TO THE BOARD OF STANDARDS AND APPEALS FROM  OR  APPLICA-
TION  FOR  REVIEW OF ANY ORDER, REQUIREMENT OR DETERMINATION OF THE FIRE
COMMISSIONER OR ANY RULE OR REGULATION OR AMENDMENT  OR  REPEAL  THEREOF
MADE  BY  THE  FIRE  COMMISSIONER  OR THE COMMISSIONER OF SMALL BUSINESS
SERVICES WITH RESPECT TO:
  (1) ONE,  TWO  AND  THREE  FAMILY  RESIDENCES,  PER  BUILDING  PERMIT:
$1,260.00.
  (2) ALL OTHER RESIDENCES, PER BUILDING PERMIT: $2,460.00.
  (3)   ALL   OTHER  BUILDINGS  AND  PROPERTIES,  PER  BUILDING  PERMIT:
$3,160.00.
  C. APPLICATION TO VEST BUILDING PERMIT UNDER THE COMMON  LAW  DOCTRINE
OF VESTED RIGHTS WITH RESPECT TO:
  (1)  ONE,  TWO  AND  THREE  FAMILY  RESIDENCES,  PER  BUILDING PERMIT:
$940.00.
  (2) ALL OTHER RESIDENCES, PER BUILDING PERMIT: $2,460.00.
  (3)  ALL  OTHER  BUILDINGS  AND  PROPERTIES,  PER   BUILDING   PERMIT:
$3,160.00.
  D.  APPLICATION  TO  THE  DEPARTMENT OF CITY PLANNING FOR AMENDMENT OF
PRIOR APPROVAL OF APPEALS FROM OR APPLICATION FOR REVIEW OF  ANY  ORDER,
REQUIREMENT  OR DETERMINATION OF THE COMMISSIONER OF BUILDINGS OR OF ANY
BOROUGH SUPERINTENDENT OF THE DEPARTMENT OF BUILDINGS; OR APPLICATION TO
THE BOARD OF STANDARDS AND APPEALS OF PRIOR APPROVAL OF APPEALS FROM  OR
APPLICATION FOR REVIEW OF ANY ORDER, REQUIREMENT OR DETERMINATION OF THE
FIRE COMMISSIONER OR ANY RULE OR REGULATION OR AMENDMENT OR REPEAL THER-
EOF  MADE BY THE FIRE COMMISSIONER OR THE COMMISSIONER OF SMALL BUSINESS
SERVICES WITH RESPECT TO:
  (1) ONE, TWO AND THREE FAMILY RESIDENCES: $920.00.
  (2) ALL OTHER DEVELOPMENTS: $2,110.00.
  5. APPLICATION FOR EXTENSION OF PERIOD TO COMPLETE CONSTRUCTION PURSU-
ANT TO SECTION 11-33 OF THE ZONING RESOLUTION:
  A.  ONE,  TWO  AND  THREE  FAMILY  RESIDENCES,  PER  BUILDING  PERMIT:
$940.00.
  B. ALL OTHER RESIDENCES, PER BUILDING PERMIT: $ 3,690.00.
  C.  ALL  OTHER  BUILDINGS  AND  PROPERTIES,  PER  BUILDING  PERMIT:  $
4,740.00.
  6. EXEMPTIONS. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  IF  A
MUNICIPAL DEPARTMENT OR AGENCY OF THE CITY IS THE APPLICANT OR APPELLANT

S. 685                              7

BEFORE  THE  DEPARTMENT  OF  CITY PLANNING OR THE BOARD OF STANDARDS AND
APPEALS.
  7.  OTHER. REQUEST TO OBTAIN OFF-SITE FILE OF PREVIOUS APPLICATIONS TO
THE DEPARTMENT OF CITY PLANNING OR THE BOARD OF STANDARDS  AND  APPEALS:
$50.00.
  S 6. Subdivision 2 of section 25-204 of the administrative code of the
city  of  New York, as amended by local law number 49 of the city of New
York for the year 1991, is amended and a new subdivision 3 is  added  to
read as follows:
  2.  An order, requirement, decision or determination made with respect
to or under the provisions of [section 26-127] TITLE TWENTY-SIX  of  the
code  [and  article  eight  of  subchapter three of chapter one of title
twenty-six of the code.];
  3. AN ORDER, REQUIREMENT,  DECISION  OR  DETERMINATION  REGARDING  THE
APPLICATION  OF  THE ZONING RESOLUTION AS MAY BE PROVIDED IN SUCH RESOL-
UTION AND PURSUANT TO SECTION TWO HUNDRED ONE-A OF  THE  NEW  YORK  CITY
CHARTER.
  S  7. The opening paragraph of subdivision a of section 200 of the New
York city charter, as amended by a vote of the people of the city of New
York at the general election held in November of  1989,  is  amended  to
read as follows:
  Except  as  provided  in  subdivision  b OF THIS SECTION, any existing
resolution or regulation of the council, the board of estimate or of the
city planning commission to regulate and limit the height  and  bulk  of
buildings, to regulate and determine the area of yards, courts and other
open  spaces,  to  regulate  density  of  population  or to regulate and
restrict the locations of trades and industries and location  of  build-
ings  designed  for  specific  uses  or  creating districts for any such
purpose, including any such regulation which provides that [the board of
standards and appeals] ANY COUNCIL, COMMISSION, DEPARTMENT,  OFFICER  OR
BOARD  may  determine  and  vary  the application of such resolutions or
regulations in harmony with their general  purpose  and  intent  and  in
accordance with general or specific rules contained in such regulations,
may be amended, repealed or added to only in the following manner:
  S  8.  The  opening paragraph, paragraph 2 and subparagraph e of para-
graph 3 of subdivision (b) of section 645 of the New York city  charter,
the opening paragraph and paragraph 2 as added by local law number 29 of
the city of New York for the year 1977 and subparagraph e of paragraph 3
as  amended  by local law number 29 of the city of New York for the year
1979, are amended to read as follows:
  With respect to buildings and structures, the commissioner shall  have
the  following powers and duties exclusively, subject to review only [by
the board of standards and appeals] as provided by law:
  (2) to require that the construction or alteration of any building  or
structure,  including  the  installation  or  alteration  of any service
equipment therein, shall be in accordance with the provisions of law and
the rules, regulations and orders applicable thereto; but where there is
a practical difficulty in the way of carrying out the strict  letter  of
any  provision  of  law  relating  to buildings in respect to the use of
prescribed materials, or  the  installation  or  alteration  of  service
equipment,  or methods of construction and where equally safe and proper
materials or forms of construction may be employed in a  specific  case,
he   may  permit  the  use  of  such  materials  or  of  such  forms  of
construction, provided that the spirit of the  law  shall  be  observed,
safety  secured and substantial justice done, but he shall have no power
to allow any variance from the provisions of  any  law  in  any  respect

S. 685                              8

except  as  expressly  allowed therein, or from any appellate ruling [of
the board of standards and appeals];
  e.   every certificate of occupancy shall, unless and until set aside,
vacated or modified by [the board of standards and appeals or]  a  court
of competent jurisdiction, be and remain binding and conclusive upon all
agencies  and  officers of the city, and shall be binding and conclusive
upon the department of labor of the state of New York, as to all matters
therein set forth, and no order, direction or requirement  affecting  or
at  variance  with  any matter set forth in any certificate of occupancy
shall be made or issued by any agency or officer of the city, or by  the
department  of labor of the state of New York, or any commission, board,
officer or member thereof, unless  and  until  the  certificate  is  set
aside,  vacated or modified by [the board of standards and appeals or] a
court of competent jurisdiction upon  the  application  of  the  agency,
department,  commission,  officer  or  member thereof seeking to make or
issue such order, direction or requirement.  All such applications shall
be made in writing and filed with the [board or] court for hearing ther-
eon; and copies of the application and order, direction  or  requirement
sought to be made or issued shall be served upon the owner of the build-
ing  or  structure  and upon the commissioner of buildings, if he is not
the applicant, and upon such terms and conditions as to service, notice,
time and place of hearing as the [board or] court shall direct;
  S 9. Section 648 of the New York city charter, as amended by local law
number 39 of the city of New York for the year 2008, is amended to  read
as follows:
  S 648. Appeals. Appeals may be taken from decisions of the commission-
er  and  of  a  deputy commissioner or the borough superintendent acting
under a written  delegation  of  power  filed  in  accordance  with  the
provisions  of  section  six  hundred  forty-two  or  subdivision (c) of
section six hundred forty-five of this chapter, to [the board of  stand-
ards and appeals] A COURT OF COMPETENT JURISDICTION as provided by law.
  S  10.  Paragraph 3 of subdivision g of section 10-160 of the adminis-
trative code of the city of New York is REPEALED.
  S 11. Subdivision (k) of section 24-526 of the administrative code  of
the city of New York is REPEALED.
  S 12. Subdivision b and paragraph 1 of subdivision c of section 25-305
of  the  administrative code of the city of New York are amended to read
as follows:
  b. [(1)] Except in the case of any improvement mentioned  in  subdivi-
sion  a  of  section  25-318 of this chapter and except in the case of a
city-aided project, no application shall be approved and  no  permit  or
amended permit for the construction, reconstruction, alteration or demo-
lition of any improvement located or to be located on a landmark site or
in  an  historic  district  or  containing an interior landmark shall be
issued by the department of  buildings,  and  no  application  shall  be
approved  and  no  special  permit  or  amended  special permit for such
construction, reconstruction or alteration, where  required  by  article
seven  of  the  zoning resolution, shall be granted by the city planning
commission [or the board of standards and appeals], until the commission
shall have issued either a certificate of no effect on protected  archi-
tectural  features,  a  certificate  of  appropriateness  or a notice to
proceed pursuant to the provisions of this chapter as  an  authorization
for such work.
  (1) A copy of every application or amended application for a permit to
construct,  reconstruct, alter or demolish any improvement located or to
be located on a landmark site or in an historic district  or  containing

S. 685                              9

an  interior  landmark  shall,  at  the  time  of  the submission of the
original thereof to the department of buildings, be filed by the  appli-
cant  with  the  commission.  A copy of every application, under article
seven  of the zoning resolution, for a special permit for any work which
includes the construction, reconstruction  or  alteration  of  any  such
improvement  shall, at the time of the submission of such application or
amended application of the city planning commission  [or  the  board  of
standards  and  appeals,  as the case may be], be filed with the commis-
sion.
  S 13. Paragraph 1 of subdivision a of section 25-306 of  the  adminis-
trative code of the city of New York is amended to read as follows:
  (1) In any case where an applicant for a permit from the department of
buildings  to  construct, reconstruct, alter or demolish any improvement
on a landmark site or in an historic district or containing an  interior
landmark,  or  an  applicant for a special permit from the city planning
commission [or the board of standards and appeals] authorizing any  such
work  pursuant  to article seven of the zoning resolution, or amendments
thereof, files a copy of such application or  amended  application  with
the  commission,  together with a request for a certificate of no effect
on protected architectural features, the commission shall determine: (a)
whether the proposed work would change, destroy or affect  any  exterior
architectural  feature  of  the  improvement on a landmark site or in an
historic district or any interior architectural feature of the  interior
landmark  upon  which  said  work  is to be done; and (b) in the case of
construction of a  new  improvement,  whether  such  construction  would
affect  or  not  be  in  harmony  with the external appearance of other,
neighboring improvements on such  site  or  in  such  district.  If  the
commission determines such question in the negative, it shall grant such
certificate; otherwise, it shall deny such request.
  S  14.  Section  25-316  of the administrative code of the city of New
York is amended to read as follows:
  S 25-316 Transmission of certificates and applications to proper  city
agency. In any case where a certificate of no effect on protected archi-
tectural  features,  certificate of appropriateness or notice to proceed
is granted by the commission to an applicant  who  has  filed  with  the
commission  a copy of an application for a permit from the department of
buildings, the commission shall transmit such certificate or a  copy  of
such  notice  to the department of buildings. In any case where any such
certificate or notice is granted to an applicant who has filed an appli-
cation for a special permit with the city planning  commission  [or  the
board  of standards and appeals] pursuant to article seven of the zoning
resolution, the commission shall transmit such certificate or a copy  of
such  notice  to  the planning commission [or the board of standards and
appeals, as the case may be].
  S 15. Section 27-107 of the administrative code of  the  city  of  New
York is amended to read as follows:
  S 27-107 Variations. The requirements and standards prescribed in this
code  shall be subject to variation in specific cases by the commission-
er, [or by the board of standards and appeals,] under  and  pursuant  to
the  provisions  of  paragraph  two  of  subdivision  (b) of section six
hundred forty-five [and section six hundred sixty-six] of  the  charter,
as amended.
  S  16. Section 28-118.17 of the administrative code of the city of New
York, as added by local law number 33 of the city of New  York  for  the
year 2007, is amended to read as follows:

S. 685                             10

  S  28-118.17 Revocation of certificates of occupancy. The commissioner
is authorized to request, in writing, pursuant to  section  six  hundred
[forty  five] FORTY-FIVE of the New York city charter that [the board of
standards and appeals or] a  court  of  competent  jurisdiction  revoke,
vacate, or modify a certificate of occupancy issued under the provisions
of  this  code  whenever  the  certificate is issued in error, or on the
basis of incorrect information provided to the department.
  S 17. Section 28-501.4 of the administrative code of the city  of  New
York,  as  added  by local law number 33 of the city of New York for the
year 2007, is amended to read as follows:
  S 28-501.4 Civil penalties. Any person who places or maintains a  sign
on  a building or premises without an appropriate permit in violation of
this article shall be liable  for  a  civil  penalty  of,  for  a  first
violation,  not  more than fifteen thousand dollars and, for a second or
subsequent violation, not more than twenty-five thousand  dollars.  Each
day's continuance shall be a separate and distinct violation. Such civil
penalties  may  be  recovered  in  an action in any court of appropriate
jurisdiction or in a proceeding before the environmental control  board.
Such  board  shall have the power to impose the civil penalties provided
for in this article. [Notwithstanding  the  provisions  of  section  six
hundred sixty-six of the charter, a] A notice of violation issued by the
department  pursuant  to this section [28-501.4] shall not be subject to
review by the board of standards and appeals.
  S 18. Section 28-502.4.3 of the administrative code of the city of New
York, as added by local law number 33 of the city of New  York  for  the
year 2007, is amended to read as follows:
  S  28-502.4.3 Certification of list. Such list shall be accompanied by
(i) a certification by an architect or engineer, co-signed by a  respon-
sible  officer  of  the  outdoor  advertising  company,  that  all signs
reported on such list are in compliance with the zoning resolution; (ii)
copies of proof that the sign complies with the zoning resolution and  a
certification  by  the  sign's owner that to the best of the certifier's
knowledge and belief the information provided is accurate,  or  (iii)  a
written  opinion  by  the department, stating that the sign to which the
opinion refers complies with the zoning resolution. Notwithstanding  any
inconsistent  provision  of  this  code,  where,  in accordance with the
department's rules, the department renders an opinion, determination  or
decision  relating  to  whether a sign is nonconforming or whether it is
located in proximity to an arterial highway as  defined  by  the  zoning
resolution,  such  decision, determination or opinion will be appealable
to [the board of standards and appeals] A COURT OF  COMPETENT  JURISDIC-
TION  in  accordance  with  applicable law.   If a timely appeal to such
[board] COURT is taken, the department  shall  not  issue  a  notice  of
violation  with  respect  to  such  sign pending a determination of such
appeal by such [board] COURT.
  S 19. Section 28-502.6.7 of the administrative code of the city of New
York, as added by local law number 33 of the city of New  York  for  the
year 2007, is amended to read as follows:
  S  28-502.6.7  Venue. Civil penalties may be recovered in an action in
any court of appropriate jurisdiction or  in  a  proceeding  before  the
environmental  control  board. Such board shall have the power to impose
the civil penalties provided for in this article.  [Notwithstanding  the
provisions  of section six hundred sixty-six of the charter, a] A notice
of violation issued by the department pursuant to this article shall not
be subject to review by the board of standards and appeals.

S. 685                             11

  S 20. Section 28-503.11 of the administrative code of the city of  New
York,  as  added  by local law number 33 of the city of New York for the
year 2007, is amended to read as follows:
  S  28-503.11  Review  of  order.  An  order of the commissioner issued
pursuant to this article shall be a final determination of  the  commis-
sioner  for  purposes of review pursuant to article seventy-eight of the
civil  practice  law  and  rules.  [Notwithstanding   any   inconsistent
provision  of  paragraph  (a)  of subdivision six of section six hundred
sixty-six of the New York city charter, such] SUCH order  shall  not  be
subject to review by the board of standards and appeals.
  S  21. Subdivision 2 of section 36 of the general city law, as amended
by chapter 815 of the laws of 1984, is amended to read as follows:
  2. A city having a population of one million or more. No public munic-
ipal street utility or improvement shall  be  constructed  by  any  city
having  a  population  of  one  million or more in any street or highway
until it has become a public street or highway and is duly placed on the
official map or plan, with the  exception  that  a  city  may  construct
improvements and provide services to any public way (mapped or unmapped)
if  the  public way has been open and in use to the public for a minimum
of ten years. The existence of the public way must  be  attested  to  by
documents  satisfactory  to  the  municipality,  such as reports of city
agencies providing municipal services. No certificate of occupancy shall
be issued in such city for any  building  unless  a  street  or  highway
giving access to such structure has been duly placed on the official map
or plan, which street or highway, and any other mapped street or highway
abutting such building or structure shall have been suitably improved to
the  satisfaction  of  the  department  of transportation of the city in
accordance with standards and specifications approved by such department
as adequate in respect to the public health, safety and general  welfare
for  the  special circumstances of the particular street or highway, or,
alternately, unless the owner has furnished to the department of  trans-
portation  of  such  city a performance bond naming the city as obligee,
approved by such department, to the full cost  of  such  improvement  as
estimated by such department, or other security approved by such depart-
ment,  that such improvement will be completed within the time specified
by such department. If such improvement has not  been  installed  within
the  time specified by such department, such department may declare such
performance bond or other security to be in default and  shall  collect,
in  the  name  of  the  city, the sum remaining payable thereunder. Upon
receipt of the proceeds thereof, the city shall  install  such  improve-
ment.  If the cost of such improvement exceeds the sum remaining payable
under such bond or other security, the owner shall  be  liable  for  and
shall  pay to the city, the amount of such excess. Where the enforcement
of the provisions of this section would entail practical  difficulty  or
unnecessary  hardship,  and  where  the circumstances of the case do not
require the structure to be related to existing or proposed  streets  or
highways,  the  applicant for such a certificate of occupancy may appeal
from the decision of the administrative officer  having  charge  of  the
issuance  of  certificates  of  occupancy to the [board of standards and
appeals or other similar board] COMMISSIONER OF THE DEPARTMENT  OF  CITY
PLANNING  OR  SUCH  OTHER  OFFICER OR BOARD of such city having power to
make variances  or  exceptions  in  zoning  regulations,  and  the  same
provisions are hereby applied to such appeals [and to such board] as are
provided  in cases of appeals on zoning regulations. The [board] COMMIS-
SIONER OR OTHER OFFICER OR BOARD may in passing on such appeal make  any
reasonable  exception  and issue the certificate of occupancy subject to

S. 685                             12

conditions that will protect any future street or  highway  layout.  Any
such decision shall be subject to review under the provisions of article
seventy-eight  of  the  civil practice law and rules. No permit shall be
granted  for  the  erection  of  any  building or structure in such city
unless the owner has furnished to the commissioner of transportation  of
such  city a policy of liability insurance, marked paid, in such amounts
as may be fixed by such department, insuring,  indemnifying  and  saving
the  city harmless from any claims, suits, demands, causes of action and
judgments by reason of personal injuries  sustained  by  any  person  or
persons, including death, and from any claims, suits, demands, causes of
action  and  judgments  for  damages  to property, occurring on any such
street or highway giving access to or abutting such structure, up to the
date of the issuance of the certificate of occupancy or up to  the  date
of  the  completion  of  the  improvement  of  such street or highway as
required by or pursuant to this section,  whichever  is  later.  In  the
event that the owner is covered by such a policy of liability insurance,
the department of transportation may accept a certificate of endorsement
extending  such  policy  to  include  and cover the city.   Every permit
issued for the erection of any such building or structure shall  contain
a statement that no certificate of occupancy will be issued with respect
to  such  building or structure unless a street or highway giving access
to such structure has been duly placed on  the  official  map  or  plan,
which  street or highway and any other mapped street or highway abutting
such building or structure shall have  been  suitably  improved  to  the
satisfaction  of the department of transportation of the city in accord-
ance with standards and specifications approved by  such  department  as
adequate in respect to the public health, safety and general welfare for
the special circumstances of the particular street or highway or, alter-
nately,  unless the owner has furnished to the department of transporta-
tion a performance bond naming the city as  obligee,  approved  by  such
department,  sufficient  to  cover  the full cost of such improvement as
estimated by such department, or other security approved by such depart-
ment, that such improvement will be completed within the time  specified
by such department.
  S 22. Notwithstanding any inconsistent provision of law to the contra-
ry, all functions, powers, duties and obligations of the board of stand-
ards  and  appeals of the city of New York as they related to the zoning
or building code or regulations of the city of New York shall be  trans-
ferred  to  the  department  of  city  planning of the city of New York,
unless otherwise specified by law.
  S 23. All rules, regulations, acts, orders, determinations  and  deci-
sions  of  the board of standards and appeals of the city of New York in
force at the time of such transfer and  assumption,  shall  continue  in
force and effect as rules, regulations, acts, orders, determinations and
decisions  of  the  department  of city planning of the city of New York
until duly modified or abrogated.
  S 24. This act shall take effect on the ninetieth day after  it  shall
have become a law.

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