senate Bill S4960A

2013-2014 Legislative Session

Clarifies extension of uniform land use review procedures to not-for-profit entities

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to cities
Jun 21, 2013 committed to rules
May 29, 2013 amended on third reading 4960a
May 23, 2013 advanced to third reading
May 22, 2013 2nd report cal.
May 21, 2013 1st report cal.700
May 01, 2013 referred to cities

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4960 - Bill Details

See Assembly Version of this Bill:
A4443A
Current Committee:
Law Section:
New York City Charter
Laws Affected:
Amd §197-c, NYC Chart
Versions Introduced in Previous Legislative Sessions:
2011-2012: A5775
2009-2010: A7325

S4960 - Bill Texts

view summary

Clarifies the extension of uniform land use review procedures to any not-for-profit organization or corporation proposing to provide shelters to the homeless irrespective of any declaration of an emergency or a finding of need for immediate action.

view sponsor memo
BILL NUMBER:S4960

TITLE OF BILL: An act to amend the New York city charter, in relation
to the application of uniform land use review procedures

PURPOSE: This bill provides that any not-for-profit organization or
corporation which provides or intends to provide shelter to homeless,
be subject to local/municipal land use community review procedures.

SUMMARY OF SPECIFIC PROVISIONS: Applications for such land use shall
be reviewed pursuant to a uniform review procedure. The department of
city planning shall be responsible for certifying these applications.

JUSTIFICATION: Recently, the City of New York considered a homeless
plan that would turn over the responsibility of operating homeless
shelters to private not-for-profit organizations. There is a concern
that this shift of responsibility from the public to the private
sector will enable the municipality to circumvent the Uniform Land Use
Review Procedures that would otherwise apply. This legislation would
secure that the siting of these shelters would still be subject to
local community review.

PRIOR LEGISLATIVE HISTORY: 2012: A5775 Referred to Cities.

FISCAL IMPLICATIONS: None:

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  4960

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- 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, in relation to  the  applica-
  tion of uniform land use review procedures

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

  Section 1. The opening paragraph of subdivision a and  subdivisions  c
and  d  of section 197-c of the New York city charter, the opening para-
graph of subdivision a and subdivision c as amended and subdivision d as
added by a vote of the people of the city of New  York  at  the  general
election held in November of 1989, are amended to read as follows:
  Except  as  otherwise  provided  in  this charter, applications by any
person, NOT-FOR-PROFIT ORGANIZATION or agency  for  changes,  approvals,
contracts,  consents,  permits  or authorization thereof, respecting the
use, development or improvement of real property subject to  city  regu-
lation  shall  be reviewed pursuant to a uniform review procedure in the
following categories:
  c. The department of city planning shall be responsible for certifying
that applications pursuant to subdivision a OR A-1 of this  section  are
complete and ready to proceed through the uniform land use review proce-
dure  provided  for  in this section.  Upon certification of an applica-
tion, the department shall give notice  of  such  certification  to  the
council.    If  an application under this section has not been certified
within six months after filing, both the applicant and, if the land  use
proposed  in  an  application  is consistent with the land use policy or
strategic policy  statement  of  the  affected  borough  president,  the
affected  borough  president shall have the right at any time thereafter
to appeal to the  city  planning  commission  for  certification.    The
commission  shall  promptly,  but  in any event within sixty days of the
filing of such an appeal, either certify the  application  or  state  in
writing  what further information is  necessary to complete the applica-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07078-01-3

S. 4960                             2

tion.  If such an appeal is brought by an  affected  borough  president,
the  affirmative  vote of five members of the commission shall be suffi-
cient to certify the application.
  d.  If  a meeting involving a city agency, NOT-FOR-PROFIT ORGANIZATION
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  affected  community board and each affected
borough president shall receive advance notice of such meeting, and each
shall have the right to send one representative to the meeting.
  S 2. Section 197-c of the New York city charter is amended by adding a
new subdivision a-1 to read as follows:
  A-1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  GENERAL  OR  LOCAL
LAW,  THE  PROVISIONS  OF THIS SECTION SHALL APPLY TO ANY NOT-FOR-PROFIT
ORGANIZATION OR CORPORATION WHICH PROVIDES OR INTENDS TO PROVIDE SHELTER
TO HOMELESS PERSONS IRRESPECTIVE OF ANY DECLARATION OF AN EMERGENCY OR A
FINDING OF NEED FOR IMMEDIATE ACTION.
  S 3. This act shall take effect immediately.

Co-Sponsors

S4960A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4443A
Current Committee:
Law Section:
New York City Charter
Laws Affected:
Amd §197-c, NYC Chart
Versions Introduced in Previous Legislative Sessions:
2011-2012: A5775
2009-2010: A7325

S4960A (ACTIVE) - Bill Texts

view summary

Clarifies the extension of uniform land use review procedures to any not-for-profit organization or corporation proposing to provide shelters to the homeless irrespective of any declaration of an emergency or a finding of need for immediate action.

view sponsor memo
BILL NUMBER:S4960A

TITLE OF BILL: An act to amend the New York city charter, in relation
to the application of uniform land use review procedures

PURPOSE:

This bill provides that any not-for-profit organization or corporation
which provides or intends to Provide shelter to homeless, be subject
to local/municipal land use community review procedures.

SUMMARY OF SPECIFIC PROVISIONS:

Applications for such land use shall be reviewed pursuant to a uniform
review procedure. The department of city planning shall be responsible
for certifying these applications.

JUSTIFICATION:

Recently, the City of New York considered a homeless plan that would
turn over the responsibility of operating homeless shelters to private
not-for-profit organizations. There is a concern that this shift of
responsibility from the public to the private sector will enable the
municipality to circumvent the Uniform Land Use Review Procedures that
would otherwise apply. This legislation would secure that the siting
of these shelters would still be subject to local community review.

PRIOR LEGISLATIVE HISTORY:

2012: A5575 Referred to Cities.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4960--A
    Cal. No. 700

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced by Sens. LANZA, AVELLA -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Cities -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

AN ACT to amend the New York city charter, in relation to  the  applica-
  tion of uniform land use review procedures

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

  Section 1. The opening paragraph of subdivision a and  subdivisions  c
and  d  of section 197-c of the New York city charter, the opening para-
graph of subdivision a and subdivision c as amended and subdivision d as
added by a vote of the people of the city of New  York  at  the  general
election held in November of 1989, are amended to read as follows:
  Except  as  otherwise  provided  in  this charter, applications by any
person, NOT-FOR-PROFIT ORGANIZATION or agency  for  changes,  approvals,
contracts,  consents,  permits  or authorization thereof, respecting the
use, development or improvement of real property subject to  city  regu-
lation  shall  be reviewed pursuant to a uniform review procedure in the
following categories:
  c. The department of city planning shall be responsible for certifying
that applications pursuant to subdivision a OR A-1 of this  section  are
complete and ready to proceed through the uniform land use review proce-
dure  provided  for  in this section.  Upon certification of an applica-
tion, the department shall give notice  of  such  certification  to  the
council.    If  an application under this section has not been certified
within six months after filing, both the applicant and, if the land  use
proposed  in  an  application  is consistent with the land use policy or
strategic policy  statement  of  the  affected  borough  president,  the
affected  borough  president shall have the right at any time thereafter
to appeal to the  city  planning  commission  for  certification.    The

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07078-02-3

S. 4960--A                          2

commission  shall  promptly,  but  in any event within sixty days of the
filing of such an appeal, either certify the  application  or  state  in
writing  what further information is  necessary to complete the applica-
tion.    If  such an appeal is brought by an affected borough president,
the affirmative vote of five members of the commission shall  be  suffi-
cient to certify the application.
  d.  If  a meeting involving a city agency, NOT-FOR-PROFIT ORGANIZATION
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  affected  community board and each affected
borough president shall receive advance notice of such meeting, and each
shall have the right to send one representative to the meeting.
  S 2. Section 197-c of the New York city charter is amended by adding a
new subdivision a-1 to read as follows:
  A-1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  GENERAL  OR  LOCAL
LAW, THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY TO A NOT-FOR-PROFIT
ORGANIZATION OR CORPORATION WHICH PROVIDES OR INTENDS TO PROVIDE SHELTER
TO HOMELESS PERSONS IRRESPECTIVE OF ANY DECLARATION OF AN EMERGENCY OR A
FINDING OF NEED FOR IMMEDIATE ACTION.
  S 3. This act shall take effect immediately.

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