NY State Assembly Bill 2017-A6711

Assembly Bill A6711

2017-2018 Legislative Session

Directs board of standards and appeals in city of New York to mail a copy of each application for a variance to the city and state legislators for the affected land

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Archive: Last Bill Status - In Assembly 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2018	print number 6711a
Feb 15, 2018	amend and recommit to cities
Jan 03, 2018	referred to cities
Mar 16, 2017	referred to cities

Bill Amendments

Original

A (Active)

2017-A6711 - Details

Current Committee:: Assembly Cities
Law Section:: New York City Charter
Laws Affected:: Amd §§668, 669 & 201, NYC Chart
Versions Introduced in 2019-2020 Legislative Session:: A7176

2017-A6711 - Summary

Directs the board of standards and appeals and the city planning commission in the city of New York to mail a copy of each application for and appeal of a variance to the city council member, borough president and state legislators for the affected land.

2017-A6711 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6711
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Cities
 
 AN  ACT to amend the New York city charter, in relation to requiring the
   board of standards and appeals and the city planning commission of the
   city of New York to provide a copy of each application for a  variance
   or  special  permit  to  the members of the city council and the state
   assembly and the state senator in whose districts, and  the  president
   of the borough in which the land, to which the application relates, is
   located
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of subdivision a, and subdivisions b and  c  of
 section  668  of the New York city charter, paragraph 1 of subdivision a
 and subdivision b as amended by local law number 102 of the city of  New
 York  for  the  year 1977, and subdivision c as amended by a vote of the
 people of the city of New York at the general election held in  November
 1989, are amended to read as follows:
   1. Each proposal or application shall be filed with the board of stan-
 dards  and  appeals,  which shall forward a copy within five days to the
 community 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;  AND  SHALL DELIVER, WITHIN FIVE DAYS, A COPY THEREOF TO
 EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY  AND  EACH
 STATE  SENATOR  IN  WHOSE  DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN
 WHICH THE LAND INVOLVED IS LOCATED.
   b. The recommendation of a community board or borough  board  pursuant
 to subdivision a of this section shall be filed with the board of stand-
 ards  and  appeals and [a copy] COPIES sent to the city planning commis-
 sion, AND TO EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEM-
 BLY AND EACH STATE SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02359-01-7

 A. 6711                             2
 
 BOROUGH  IN  WHICH  THE LAND INVOLVED IS LOCATED. The board of standards
 and appeals shall conduct a public  hearing  and  act  on  the  proposed
 application.  A decision of the board shall indicate whether each of the
 specific requirements of the zoning resolution for the granting of vari-
 ances  has  been  met  and shall include findings of fact with regard to
 each such requirement.
   c. Copies of a decision of the board  of  standards  and  appeals  and
 copies  of any recommendation of the affected community board or borough
 board shall be filed with the city planning commission.  Copies  of  the
 decision  shall  also  be  filed  with the affected community or borough
 boards.   IN ADDITION, COPIES OF THE DECISION  SHALL  BE  SENT  TO  EACH
 MEMBER  OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY AND EACH STATE
 SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN WHICH THE
 LAND INVOLVED IS LOCATED.
   § 2. Subdivision b of section 669 of the New York city  charter,  such
 section as designated by a vote of the people of the city of New York at
 the  general  election  held  in  November  1975,  is amended to read as
 follows:
   b. Such appeal may be taken within such time as shall be prescribed by
 the board by general rule, by filing with  the  officer  from  whom  the
 appeal  is  taken  and with the board a notice of appeal, specifying the
 grounds thereof.  THE BOARD SHALL DELIVER EACH NOTICE OF APPEAL SO FILED
 WITHIN FIVE DAYS TO EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE
 ASSEMBLY AND EACH STATE SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT  OF
 THE BOROUGH IN WHICH THE LAND INVOLVED IS LOCATED. The officer from whom
 the appeal is taken shall forthwith transmit to the board all the papers
 constituting the record upon which the action appealed from was taken.
   §  3.  Subdivision  a  of section 201 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:
   a.  Applications for changes in the zoning resolution  may be filed by
 any  taxpayer, community board, borough board, borough president, by the
 mayor or by the land use committee of the council if two-thirds  of  the
 members  of  the committee  shall have voted to approve such filing with
 the city planning commission.  THE CITY PLANNING COMMISSION SHALL DELIV-
 ER EACH APPLICATION SO FILED WITHIN FIVE DAYS  TO  EACH  MEMBER  OF  THE
 COUNCIL,  EACH  MEMBER  OF  THE STATE ASSEMBLY AND EACH STATE SENATOR IN
 WHOSE DISTRICT, AND THE PRESIDENT OF  THE  BOROUGH  IN  WHICH  THE  LAND
 INVOLVED  IS  LOCATED.  All  such  applications involving changes in the
 designation of zoning districts under the  zoning  resolution  shall  be
 subject  to  review and approval pursuant to section one hundred ninety-
 seven-c and one hundred ninety-seven-d OF THIS CHAPTER.    For  applica-
 tions involving other changes in zoning resolutions and regulations, the
 commission  prior to taking action upon any such application shall refer
 it to the affected community boards or   borough  boards  for  a  public
 hearing and recommendation.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law, and shall apply to proposals and  applications  filed
 with the board of standards and appeals and the city planning commission
 of the city of New York on or after such date.

2017-A6711A (ACTIVE) - Details

Current Committee:: Assembly Cities
Law Section:: New York City Charter
Laws Affected:: Amd §§668, 669 & 201, NYC Chart
Versions Introduced in 2019-2020 Legislative Session:: A7176

2017-A6711A (ACTIVE) - Summary

2017-A6711A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6711--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Cities -- recommitted to the Committee on Cities in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the New York city charter, in relation to requiring the
   board of standards and appeals and the city planning commission of the
   city of New York to provide a copy of each application for a  variance
   or  special  permit  to  the members of the city council and the state
   assembly and the state senator in whose districts, and  the  president
   of the borough in which the land, to which the application relates, is
   located
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of subdivision a, and subdivisions b and  c  of
 section  668  of the New York city charter, paragraph 1 of subdivision a
 as amended by local law number 102 of the city of New York for the  year
 1977, subdivision b as amended by local law number 83 of the city of New
 York  for  the  year 2017, and subdivision c as amended by a vote of the
 people of the city of New York at the general election held in  November
 1989, are amended to read as follows:
   1. Each proposal or application shall be filed with the board of stan-
 dards  and  appeals,  which shall forward a copy within five days to the
 community 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;  AND  SHALL DELIVER, WITHIN FIVE DAYS, A COPY THEREOF TO
 EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY  AND  EACH
 STATE  SENATOR  IN  WHOSE  DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN
 WHICH THE LAND INVOLVED IS LOCATED.
   b. The recommendation of a community board or borough  board  pursuant
 to subdivision a of this section shall be filed with the board of stand-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02359-03-8

 A. 6711--A                          2
 
 ards  and  appeals and [a copy] COPIES sent to the city planning commis-
 sion, AND TO EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEM-
 BLY AND EACH STATE SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT  OF  THE
 BOROUGH  IN  WHICH  THE LAND INVOLVED IS LOCATED. The board of standards
 and appeals shall conduct a public  hearing  and  act  on  the  proposed
 application.  A decision of the board shall indicate whether each of the
 specific requirements of the zoning resolution for the granting of vari-
 ances  has  been  met  and shall include findings of fact with regard to
 each such requirement.  When the board of standards and  appeals  grants
 or  denies  an  application  for a variance or special permit, the board
 shall respond, as applicable, to any relevant recommendation filed  with
 such board by a community board or borough board regarding such applica-
 tion.  Inadvertent  failure  to comply with the preceding sentence shall
 not result in the invalidation of any board decision.
   c. Copies of a decision of the board  of  standards  and  appeals  and
 copies  of any recommendation of the affected community board or borough
 board shall be filed with the city planning commission.  Copies  of  the
 decision  shall  also  be  filed  with the affected community or borough
 boards.   IN ADDITION, COPIES OF THE DECISION  SHALL  BE  SENT  TO  EACH
 MEMBER  OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY AND EACH STATE
 SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN WHICH THE
 LAND INVOLVED IS LOCATED.
   § 2. Paragraph 1 of subdivision c, and subdivisions d and e of section
 668 of the New York city charter, as amended by local law number 103  of
 the city of New York for the year 2017, are amended to read as follows:
   1. Each proposal or application shall be filed with the board of stan-
 dards  and  appeals,  which shall forward a copy within five days to the
 community 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;  AND  SHALL DELIVER, WITHIN FIVE DAYS, A COPY THEREOF TO
 EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY  AND  EACH
 STATE  SENATOR  IN  WHOSE  DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN
 WHICH THE LAND INVOLVED IS LOCATED.
   d. The recommendation of a community board or borough  board  pursuant
 to subdivision c of this section shall be filed with the board of stand-
 ards  and  appeals and [a copy] COPIES sent to the city planning commis-
 sion, AND TO EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEM-
 BLY AND EACH STATE SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT  OF  THE
 BOROUGH  IN  WHICH  THE LAND INVOLVED IS LOCATED. The board of standards
 and appeals shall conduct a public  hearing  and  act  on  the  proposed
 application.  All  testimony delivered at a public hearing by the appli-
 cant on the proposed application shall be sworn or affirmed under  oath.
 A  decision  of  the  board  shall indicate whether each of the specific
 requirements of the zoning resolution for the granting of variances  has
 been  met  and  shall  include findings of fact with regard to each such
 requirement. When the board of standards and appeals grants or denies an
 application for a variance or special permit, the board  shall  respond,
 as applicable, to any relevant recommendation filed with such board by a
 community  board or borough board regarding such application.  Inadvert-
 ent failure to comply with the preceding sentence shall  not  result  in
 the invalidation of any board decision.
   e.  Copies  of  a  decision  of the board of standards and appeals and
 copies of any recommendation of the affected community board or  borough
 board  shall  be  filed with the city planning commission. Copies of the
 decision shall also be filed with  the  affected  community  or  borough

 A. 6711--A                          3
 
 boards.    IN  ADDITION,  COPIES  OF  THE DECISION SHALL BE SENT TO EACH
 MEMBER OF THE COUNCIL, EACH  MEMBER  OF  THE  ASSEMBLY  AND  EACH  STATE
 SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN WHICH THE
 LAND INVOLVED IS LOCATED.
   §  3.  Subdivision b of section 669 of the New York city charter, such
 section as designated by a vote of the people of the city of New York at
 the general election held in  November  1975,  is  amended  to  read  as
 follows:
   b. Such appeal may be taken within such time as shall be prescribed by
 the  board  by  general  rule,  by filing with the officer from whom the
 appeal is taken and with the board a notice of  appeal,  specifying  the
 grounds thereof.  THE BOARD SHALL DELIVER EACH NOTICE OF APPEAL SO FILED
 WITHIN FIVE DAYS TO EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE
 ASSEMBLY  AND EACH STATE SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT OF
 THE BOROUGH IN WHICH THE LAND INVOLVED IS LOCATED. The officer from whom
 the appeal is taken shall forthwith transmit to the board all the papers
 constituting the record upon which the action appealed from was taken.
   § 4. Subdivision a of section 201 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:
   a.  Applications for changes in the zoning resolution  may be filed by
 any taxpayer, community board, borough board, borough president, by  the
 mayor  or  by the land use committee of the council if two-thirds of the
 members of the committee  shall have voted to approve such  filing  with
 the city planning commission.  THE CITY PLANNING COMMISSION SHALL DELIV-
 ER  EACH  APPLICATION  SO  FILED  WITHIN FIVE DAYS TO EACH MEMBER OF THE
 COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY AND  EACH  STATE  SENATOR  IN
 WHOSE  DISTRICT,  AND  THE  PRESIDENT  OF  THE BOROUGH IN WHICH THE LAND
 INVOLVED IS LOCATED. All such  applications  involving  changes  in  the
 designation  of  zoning  districts  under the zoning resolution shall be
 subject to review and approval pursuant to section one  hundred  ninety-
 seven-c  and  one  hundred ninety-seven-d OF THIS CHAPTER.  For applica-
 tions involving other changes in zoning resolutions and regulations, the
 commission prior to taking action upon any such application shall  refer
 it  to  the  affected  community boards or   borough boards for a public
 hearing and recommendation.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a law, and shall apply to proposals and applications filed
 with the board of standards and appeals and the city planning commission
 of the city of New York on or after such date; provided, that  if  local
 law  number 103 of the city of New York for the year 2017 shall not have
 taken effect on or before such effective date, then section two of  this
 act  shall  take  effect on the same date and in the same manner as such
 local law takes effect.

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