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

                                  6102

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13662-01-1

S. 6102                             2

  (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
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

S. 6102                             3

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-
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

S. 6102                             4

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.
  (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.

S. 6102                             5

  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.
  (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.

S. 6102                             6

  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
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. 6102                             7

  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
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

S. 6102                             8

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
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

S. 6102                             9

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 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

S. 6102                            10

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  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

S. 6102                            11

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
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

S. 6102                            12

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.