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Assembly Bill A5523

2009-2010 Legislative Session

Establishes the process by which the commission may object to the grant of an application for a variance or special permit

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Archive: Last Bill Status - In Assembly Committee

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2009-A5523 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
New York City Charter
Laws Affected:
Amd ยง668, NYC Chart

2009-A5523 (ACTIVE) - Summary

Establishes the process by which the commission may object to the grant of an application for a variance or special permit.

2009-A5523 (ACTIVE) - Bill Text download pdf 

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

                                  5523

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
  tee on Cities

AN  ACT to amend the New York city charter, in relation to variances and
  special permits

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

  Section  1. Subdivision e of section 668 of the New York city charter,
as amended by a vote of the people of the city of New York at the gener-
al election held in November of 1989, is amended to read as follows:
  e. The city planning commission shall be a party to any proceeding  to
determine and vary the application of the zoning resolution. The commis-
sion 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[,]:
  (1) the granting of relief requested in such application would violate
the requirements of the zoning resolution relating to  the  granting  of
variances OR
  (2)  IN  THE CASE OF AN APPLICATION WHICH WOULD PERMIT NEW RESIDENTIAL
CONSTRUCTION IN AN AREA ZONED FOR MANUFACTURING,  THE  GRANTING  OF  THE
RELIEF REQUESTED WILL ALTER THE ESSENTIAL CHARACTER OF THE LOCALITY.
  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.
FURTHERMORE,  IF  THE  COMMISSION OBJECTS TO THE GRANT OF AN APPLICATION
BASED ON PARAGRAPH TWO OF THIS SUBDIVISION, THE COMMISSION MAY FILE  ITS
WRITTEN OBJECTION WITH THE COUNCIL WITHIN TEN DAYS OF THE BOARD'S ACT IN
GRANTING  THE  APPLICATION,  IN  WHICH  CASE  SUCH  APPLICATION SHALL BE
SUBJECT TO REVIEW AND ACTION BY THE COUNCIL. WITHIN FIFTY DAYS  OF  SUCH
FILING  THE  COUNCIL  SHALL  HOLD A PUBLIC HEARING ON NOT LESS THAN FIVE
DAYS NOTICE. THE COUNCIL SHALL TAKE FINAL ACTION ON THE DECISION  WITHIN
SUCH  FIFTY  DAYS. THE AFFIRMATIVE VOTE OF A MAJORITY OF ALL THE COUNCIL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08710-01-9

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