Senate Bill S2297

2011-2012 Legislative Session

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

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 18, 2011	referred to cities

2011-S2297 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: General City Law
Laws Affected:: Amd §36, Gen City L
Versions Introduced in 2009-2010 Legislative Session:: S203

2011-S2297 (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.

2011-S2297 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2297

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.

2011-S2297 (ACTIVE) - Bill Text download pdf

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

                                  2297

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

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
for  the  special  circumstances of the particular street or highway, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07395-01-1

S. 2297                             2

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
building or structure shall contain a statement that no  certificate  of

S. 2297                             3

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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Senate Bill S2297

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

2011-S2297 (ACTIVE) - Details

2011-S2297 (ACTIVE) - Summary

2011-S2297 (ACTIVE) - Sponsor Memo

2011-S2297 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

2011-S2297 (ACTIVE) - Details

2011-S2297 (ACTIVE) - Summary

2011-S2297 (ACTIVE) - Sponsor Memo

2011-S2297 (ACTIVE) - Bill Text download pdf

Comments