S T A T E   O F   N E W   Y O R K
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                                  5410

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

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

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  additional  guidelines and procedures to the designation
  process for a landmark, interior landmark, scenic landmark and histor-
  ic district

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

  Section  1.  Section  25-303 of the administrative code of the city of
New York, subdivision f as amended by local law number 22 for  the  year
2002,  subdivisions g, h and j as amended by local law number 71 for the
year 1991, is amended to read as follows:
  S 25-303 Establishment of landmarks, landmark  sites,  interior  land-
marks,  scenic  landmarks  and historic districts. a. For the purpose of
effecting and  furthering  the  protection,  preservation,  enhancement,
perpetuation  and use of landmarks, interior landmarks, scenic landmarks
and historic districts, the commission shall have power, after a  public
hearing:
  (1)  to  designate  and,  as  herein provided in subdivision [j] L, in
order to effectuate the purposes of this chapter, to  make  supplemental
designations  as  additions to, a list of landmarks which are identified
by a description setting forth the general characteristics and  location
thereof;
  (2)  to  designate  and,  in  order to effectuate the purposes of this
chapter, to make supplemental designations as additions to,  a  list  of
interior  landmarks, not including interiors utilized as places of reli-
gious worship, which are identified by a description setting  forth  the
general characteristics and location thereof;
  (3)  to  designate  and,  in  order to effectuate the purposes of this
chapter, to make supplemental designations as additions  to  a  list  of
scenic landmarks, located on property owned by the city, which are iden-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10909-01-5
              

S. 5410                             2

tified  by  a  description setting forth the general characteristics and
location thereof; and
  (4)  to  designate  historic districts and the location and boundaries
thereof, and, in order to effectuate the purposes of  this  chapter,  to
designate  changes  in such locations and boundaries and designate addi-
tional historic districts and the location and boundaries thereof.
  b. It shall be the duty of the commission, after a public hearing,  to
designate  a  landmark  site  for  each  landmark  and  to designate the
location and boundaries of such site.
  c. IN ORDER TO CONSIDER A LANDMARK, INTERIOR LANDMARK, SCENIC LANDMARK
OR HISTORIC DISTRICT, THE COMMISSION BY MAJORITY VOTE MUST FIRST APPROVE
A MOTION TO PLACE IT ON THE PUBLIC CALENDAR AND NOTICE THE PUBLIC  HEAR-
ING.  AT  THE TIME OF SUCH CALENDARING, THE COMMISSION SHALL MAKE AVAIL-
ABLE TO THE PUBLIC A DRAFT  DESIGNATION  REPORT  THAT  SETS  FORTH  WITH
REASONABLE  SPECIFICITY  THE  SPECIAL CHARACTER OR SPECIAL HISTORICAL OR
AESTHETIC INTEREST OR VALUE OF SUCH PROPOSED  LANDMARK,  INTERIOR  LAND-
MARK,  SCENIC  LANDMARK,  OR  HISTORIC  DISTRICT,  AND, IN THE CASE OF A
HISTORIC DISTRICT, THAT ALSO IDENTIFIES EACH BUILDING OR STRUCTURE WITH-
IN THE HISTORIC DISTRICT AND, AT A MINIMUM, ITS  PROPOSED  STYLE  DESIG-
NATION, SIGNIFICANT ALTERATIONS, AND THE EXTENT TO WHICH IT EXHIBITS THE
SPECIAL  CHARACTER  OR SPECIAL HISTORICAL OR AESTHETIC INTEREST OR VALUE
OF THE PROPOSED HISTORIC DISTRICT AND THAT DESCRIBES THE  RATIONALE  FOR
THE PROPOSED BOUNDARIES OF SUCH HISTORIC DISTRICT.
  D.  THE  COMMISSION SHALL PROMULGATE RULES GOVERNING THE REGULATION OF
CONSTRUCTION, RECONSTRUCTION, ALTERATIONS  AND  DEMOLITION  PURSUANT  TO
SECTION  25-305  OF THIS CODE IN ANY DESIGNATED HISTORIC DISTRICT WITHIN
NINETY DAYS AFTER ANY DESIGNATION.
  E. The commission shall have power, after a public hearing,  to  amend
any  designation made pursuant to the provisions of subdivisions a and b
of this section.
  [d.] F. The commission may, after a public  hearing,  whether  at  the
time  it designates a scenic landmark or at any time thereafter, specify
the nature of any construction, reconstruction, alteration or demolition
of any landscape feature which may be performed on such scenic  landmark
without  prior issuance of a report pursuant to subdivision c of section
25-318. The commission shall have the power, after a public hearing,  to
amend any specification made pursuant to the provisions of this subdivi-
sion.
  [e.]  G.  Subject to the provisions of subdivisions [g] I and [h] J of
this section, any designation or amendment of a designation made by  the
commission  pursuant to the provisions of subdivisions a, b and [c] E of
this section shall be in full force and effect from and after  the  date
of the adoption thereof by the commission.
  [f.] H. Within ten days after making any such designation or amendment
thereof,  the commission shall file a copy of same with the council, the
department of buildings, the city  planning  commission,  the  board  of
standards  and appeals, the fire department and the department of health
and mental hygiene.
  [g.] I. (1) Within sixty days after such  filing,  the  city  planning
commission  shall (a) hold a public hearing on any such designation of a
LANDMARK, INTERIOR LANDMARK OR historic district and (b) shall submit to
the council a report with respect to the relation of  such  designation,
whether  of a historic district or a landmark, interior landmark, scenic
landmark, or landmark site, or amendment  of  such  designation  to  the
zoning  resolution,  projected public improvements and any plans for the
development, growth, improvement or renewal of the area  involved.  SUCH

S. 5410                             3

REPORT  OF THE RELATION OF THE PROPOSED DESIGNATION TO THE ZONING RESOL-
UTION SHALL INCLUDE AN ANALYSIS OF THE IMPACT OF SUCH DESIGNATION ON THE
DEVELOPMENT, GROWTH, IMPROVEMENT, RENEWAL, OR  ECONOMIC  DEVELOPMENT  OF
THE AREA INVOLVED, INCLUDING BOTH PUBLIC AND PRIVATE DEVELOPMENT, AND ON
THE  PUBLIC  HEALTH, SAFETY, AND GENERAL WELFARE, AND SHALL SPECIFICALLY
CONSIDER THE RELATIONSHIP BETWEEN THE DEVELOPMENT POTENTIAL OF ALL PROP-
ERTIES AFFECTED BY THE PROPOSED DESIGNATION, BOTH  PUBLIC  AND  PRIVATE,
AND  THE  EXISTING  DEVELOPMENT ON SUCH PROPERTIES AT THE TIME OF DESIG-
NATION. The city planning commission shall include with any such  report
its  recommendation, if any, for council action with respect to any such
designation of a historic district.
  (2) The council may modify or disapprove by majority vote  any  desig-
nation  of the commission or amendment thereof within one hundred twenty
days after a copy thereof is filed with the council  provided  that  the
city  planning  commission  has  submitted  the  report required by this
subdivision or that sixty days have elapsed  since  the  filing  of  the
designation  or  amendment with the council. SUCH MODIFICATION OR DISAP-
PROVAL BY THE COUNCIL MAY BE MADE ON THE BASIS OF THE SPECIAL  CHARACTER
OR  SPECIAL  HISTORICAL  OR  AESTHETIC INTEREST OR VALUE OF THE PROPOSED
LANDMARK, INTERIOR LANDMARK, SCENIC LANDMARK, OR HISTORIC  DISTRICT,  OF
FACTS REGARDING BUILDINGS OR STRUCTURES WITHIN THE HISTORIC DISTRICT, OF
THE  RELATION  OF  SUCH  DESIGNATION TO THE ZONING RESOLUTION, PROJECTED
PUBLIC IMPROVEMENTS, ANY PLANS FOR THE DEVELOPMENT, GROWTH,  IMPROVEMENT
OR  RENEWAL OF THE AREA INVOLVED, OR THE ECONOMIC DEVELOPMENT, INCLUDING
BOTH PUBLIC AND PRIVATE DEVELOPMENT, OF THE AREA INVOLVED,  AND  OF  THE
PUBLIC  HEALTH,  SAFETY,  AND  GENERAL  WELFARE  AND  SHALL SPECIFICALLY
CONSIDER THE RELATIONSHIP BETWEEN THE DEVELOPMENT POTENTIAL OF ALL PROP-
ERTIES AFFECTED BY THE PROPOSED DESIGNATION, BOTH  PUBLIC  AND  PRIVATE,
AND  THE  EXISTING  DEVELOPMENT ON SUCH PROPERTIES AT THE TIME OF DESIG-
NATION. All votes of the council pursuant to this subdivision  shall  be
filed  by  the  council  with the mayor and shall be final unless disap-
proved by the mayor within five days of such  filing.  Any  such  disap-
proval  by  the  mayor  shall be filed by the mayor with the council and
shall be subject to override by a two-thirds vote of the council  within
ten  days  of  such  filing. If the council shall disapprove such desig-
nation or amendment, such designation or  amendment  shall  continue  in
full  force  and  effect until the time for disapproval by the mayor has
expired; provided, however, that if the mayor disapproves  such  council
disapproval, it shall continue in full force and effect unless the coun-
cil overrides the mayor's disapproval.  If the council shall modify such
designation  or  amendment,  such designation or amendment as adopted by
the commission shall continue in full force and effect  until  the  time
for  disapproval  by  the  mayor  has  expired, and after such time such
modification shall be in effect; provided, however, that  if  the  mayor
disapproves  such  council modification, the designation or amendment as
adopted by the commission shall continue in full force and effect unless
the council overrides the mayor's disapproval, and in the event of over-
ride the modification shall take effect on and after the  date  of  such
override.
  [h.]  J.  (1) The commission shall have power, after a public hearing,
to adopt a resolution proposing rescission, in whole or in part, of  any
designation  or  amendment  or  modification  thereof  mentioned  in the
preceding subdivisions of this section. Within ten days  after  adopting
any  such  resolution, the commission shall file a copy thereof with the
council and the city planning commission.

S. 5410                             4

  (2) Within sixty days after such filing, the city planning  commission
shall  submit  to  the  council a report with respect to the relation of
such proposed rescission of any such designation, whether of a  historic
district  or  a landmark, interior landmark, scenic landmark or landmark
site,  or  amendment  or modification thereof, to the zoning resolution,
projected public improvements and any plans for the development, growth,
improvement, or renewal of the area involved.
  (3) The council  may  approve,  disapprove  or  modify  such  proposed
rescission within one hundred twenty days after a copy of the resolution
proposing  same  is filed with the council, provided that the city plan-
ning commission has submitted the report required by this subdivision or
that sixty days have [elasped] ELAPSED since the filing of  such  resol-
ution.  Failure  to  take action on such proposed rescission within such
one hundred twenty-day period shall be deemed a vote to disapprove  such
proposed  rescission. All votes of the council pursuant to this subdivi-
sion shall be filed by the council with the mayor  and  shall  be  final
unless  disapproved  by  the mayor within five days of such filing.  Any
such mayoral disapproval shall be filed by the mayor  with  the  council
and  shall  be  subject  to override by a two-thirds vote of the council
within ten days of such filing. If such proposed rescission is  approved
or  modified  by  the  council,  such rescission or modification thereof
shall not take effect until the time for disapproval by  the  mayor  has
expired;  provided,  however, that if the mayor disapproves such rescis-
sion or modification, it shall not take effect unless the council  over-
rides  the  mayor's  disapproval.  If such proposed rescission is disap-
proved by the council,  it  shall  not  take  effect  unless  the  mayor
disapproves  such  council disapproval and the council fails to override
the mayor's disapproval.
  [i.] K. The commission may at any time  make  recommendations  to  the
city planning commission with respect to amendments of the provisions of
the zoning resolution applicable to improvements in historic districts.
  [j.]  L.  All designations and supplemental designations of landmarks,
landmark  sites,  interior  landmarks,  scenic  landmarks  and  historic
districts  made  pursuant  to  subdivision  a  shall be made pursuant to
notices of public hearings given, as  provided  in  section  25-313.  In
addition  to  such  notice, the commission shall give notice to the city
planning commission, all affected community boards and the office of the
borough president in whose borough the property or district  is  located
in advance of any public hearing relating to such designations.
  [k.]  M.  Upon its designation of any improvement parcel as a landmark
and of any landmark site, interior landmark, scenic landmark or historic
district or any amendment of any such designation or rescission thereof,
the commission shall cause to be recorded in the office of the  register
of  the  city of New York in the county in which such landmark, interior
landmark, scenic landmark or district lies, or in the case of landmarks,
interior landmarks, scenic landmarks and  districts  in  the  county  of
Richmond in the office of the clerk of said county of Richmond, a notice
of  such  designation,  amendment  or  rescission  describing  the party
affected by, in the case of the county of Richmond, its land  map  block
number or numbers, and its tax map, block and lot number or numbers, and
in  the case of all other counties, by its land map block and lot number
or numbers.
  S 2. Subdivision b of section 25-313 of the administrative code of the
city of New York is amended to read as follows:
  b. At any such public hearing, the commission shall afford  a  reason-
able  opportunity  for  the  presentation of facts and the expression of

S. 5410                             5

views by those desiring to be heard, and may, in  its  discretion,  take
the testimony of witnesses and receive evidence; provided, however, that
the  commission,  in determining any matter as to which any such hearing
is  held,  shall  not  be confined to consideration of the facts, views,
testimony or evidence submitted at such hearing. AT ANY  PUBLIC  HEARING
FOR A DESIGNATION PURSUANT TO SECTION 25-303, SUCH PRESENTATION OF FACTS
AND  THE  EXPRESSION  OF VIEWS BY THOSE DESIRING TO BE HEARD MAY INCLUDE
TESTIMONY AND EVIDENCE RELATED TO THE ECONOMIC IMPACT  OF  THE  PROPOSED
DESIGNATION  OR ANY OTHER ISSUES RELATED TO THE CITY PLANNING COMMISSION
OR COUNCIL REVIEW AS SET FORTH IN PARAGRAPHS (1) AND (2) OF  SUBDIVISION
I  OF SECTION 25-303 AND THIS TESTIMONY OR EVIDENCE SHALL BE PART OF THE
RECORD CONSIDERED BY THE CITY PLANNING COMMISSION AND THE COUNCIL PURSU-
ANT TO PARAGRAPHS (1) AND (2) OF SUBDIVISION I OF SECTION 25-303.
  S 3. This act shall take effect immediately.