NY State Senate Bill 2009-S203

Senate Bill S203

2009-2010 Legislative Session

Requires building developments comply with present law or with satisfactory traffic control and street improvement plans in N.Y. city

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to cities
Jul 16, 2009	committed to rules
Feb 26, 2009	advanced to third reading
Feb 25, 2009	2nd report cal.
Feb 24, 2009	1st report cal.52
Jan 07, 2009	referred to cities

2009-S203 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: General City Law
Laws Affected:: Amd §36, Gen City L
Versions Introduced in 2011-2012 Legislative Session:: S2297

2009-S203 (ACTIVE) - Summary

Requires that before a certificate of occupancy can be issued for a building located in a development in a city having a population of one million or more, present law respecting mapped street improvement and access thereto be complied with, or city planning commission must have certified, pursuant to requirements of a special purpose district set forth in city's zoning resolution, that development complies with a satisfactory plan of traffic control and vehicular access, and abutting street improvement satisfactory to department of transportation of the city.

2009-S203 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S203

 TITLE OF BILL :
An act to amend the general city law, in relation to requiring in a
city having a population of one million or more, that building
developments either comply with present law respecting abutting mapped
street access or, pursuant to requirements of a special purpose
district set forth in zoning resolution, comply with satisfactory
traffic control and street improvement plans providing vehicular
access


 PURPOSE OF BILL :
This bill will provide that if the city planning commission certifies
pursuant to a special zoning district set forth in such city's zoning
resolution that a development has adequate vehicular and emergency
access to a street or highway duly placed. on an official map or plan,
such certification shall satisfy the requirements of GLC §36(2).

 SUMMARY OF PROVISIONS :
This bill would allow the city planning commission certification in
certain special zoning districts to satisfy the requirements of GLC §
36(2) concerning a development's access to a mapped street.
Currently, in certain special districts the New York City Zoning
Resolution ("NYCZR") requires that the New York City Planning
Commission ("CPC") certify that a development has adequate vehicular

access. However, this certification is not effective to satisfy the
requirements of GLC § 36(2) and a separate proceeding before the New
York City Board of Standards and Appeals ("BSA") is required before
the Department of Buildings ("DOB") can issue a certificate of
occupancy for any development which does not have direct access to a
mapped street.

 JUSTIFICATION :
This amendment is designed to eliminate the duplication of
administrative procedures that occurs when a developer is required to
obtain both a certification from the city planning commission that a
development has adequate vehicular access under requirements set forth
in the zoning resolution and a variance or special exception from the
board of appeals In order to obtain a certificate of occupancy for
such development under the GLC § 36(2).

 BACKGROUND :
GLC § 36(2) is designed to ensure that all new buildings have
reasonable access to mapped streets for emergency and other vehicular
access.  Under the provisions of GLC § 36(2) as historically
interpreted in New York City, any development which does not have
direct access to a street or highway shown on the official city map
has been required to obtain a variance from the BSA before the DOB
will issue a certificate of occupancy for any of the buildings located
in the development. In granting this variance, the BSA examines
whether the development has adequate emergency and vehicular access to
a mapped street and imposes any necessary conditions required to
ensure such access.

BSA variances pursuant to GLC §36(2) have been prevalent in Staten
Island where there are many areas and neighborhoods which do not have
streets placed on the official city map. Typically, in these areas
streets were plotted by surveyors earlier in the century but never
placed on the official city map ("streets of record"). Many of these
streets of record have been improved and serve existing residences.
In addition, many of these streets are shown on unofficial city maps
and plans, including the NYCZR. However, any development constructed
on these streets is not considered to have direct access to a street
placed on the official city map. Therefore, a variance is required
from the BSA. At the same time, as part of the general development
review for certain special districts in Staten Island, the CPC has
required that a developer obtain a CPC certification that developments
have adequate vehicular access. In making such a certification, the
CPC examines the development's overall access to a street or highway
placed on the city map and access and egress for emergency traffic in
particular.

This act will provide that in special zoning districts where a CPC
certification concerning a development's vehicular access is required,
such certification would be sufficient to satisfy the requirements of
GLC §36(2). The act will have a limited effect because it will only
apply in those special zoning district instances when a developer
ordinarily would be required to obtain both the CPC certification and
a BSA variance. In such cases, this act will eliminate the duplicate
CPC and BSA review procedures. The current dual procedure provides no
public benefit and greatly increases the processing time and expense
for many proposed developments, particularly in Staten Island. Because
the majority of such developments are residential developments, the
cost of housing is adversely affected by the dual application process.
For the purpose of GLC §36(2), the CPC certification in certain
special zoning districts will provide adequate assurance that a
development provides the necessary access for vehicular and emergency
traffic to a mapped street.

 EFFECTIVE DATE :
Immediately.

2009-S203 (ACTIVE) - Bill Text download pdf

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

                                   203

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

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

AN ACT to amend the general city law, in relation to requiring in a city
  having a population of one million or more, that building developments
  either comply with  present  law  respecting  abutting  mapped  street
  access  or, pursuant to requirements of a special purpose district set
  forth in zoning resolution, comply with satisfactory  traffic  control
  and street improvement plans providing vehicular access

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

  Section 1. 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

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

                                                           LBD03108-01-9

S. 203                              2

for  the  special  circumstances of the particular street or highway, OR
UNLESS THE CITY PLANNING  COMMISSION  OF  SUCH  CITY,  PURSUANT  TO  THE
REQUIREMENTS  OF  A  SPECIAL  PURPOSE  DISTRICT SET FORTH IN SUCH CITY'S
ZONING  RESOLUTION, SHALL HAVE CERTIFIED THAT THE BUILDING IS LOCATED IN
A DEVELOPMENT WHICH COMPLIES WITH A PLAN THAT (A) PROVIDES FOR VEHICULAR
ACCESS AND EGRESS FOR EMERGENCY  AND  OTHER  VEHICULAR  TRAFFIC  TO  THE
DEVELOPMENT  ARRANGED  SO  THAT  SUCH ACCESS AND EGRESS AFFORDS THE BEST
MEANS OF CONTROLLING THE FLOW OF TRAFFIC GENERATED BY  SUCH  DEVELOPMENT
AND (B) PROVIDES THE BUILDING WITH DIRECT OR INDIRECT ACCESS TO A STREET
OR  HIGHWAY  DULY  PLACED  ON  THE OFFICIAL MAP OR PLAN, WHICH STREET OR
HIGHWAY, AND ANY OTHER STREET  OR  HIGHWAY  ABUTTING  SUCH  BUILDING  OR
STRUCTURE SHALL HAVE BEEN IMPROVED TO THE SATISFACTION OF THE DEPARTMENT
OF  TRANSPORTATION  OF  THE CITY AS SET FORTH ABOVE IN THIS SECTION, 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 of such city having power to  make  vari-
ances  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 may in passing on such
appeal  make any reasonable exception and issue the certificate of occu-
pancy subject to conditions that will protect any future street or high-
way 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 certif-
icate of occupancy or up to the date of the completion of  the  improve-
ment  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

S. 203                              3

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 accordance with standards and specifica-
tions 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 transportation 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 department, that such  improvement  will
be completed within the time specified by such department.
  S 2. This act shall take effect immediately.

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