NY State Senate Bill 2017-S2741

Senate Bill S2741

2017-2018 Legislative Session

Relates to additional guidelines and procedures to the designation process for a landmark, interior landmark, scenic landmark and historic district

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to cities
Jan 17, 2017	referred to cities

2017-S2741 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§25-303 & 25-313, NYC Ad Cd
Versions Introduced in 2015-2016 Legislative Session:: S5410

2017-S2741 (ACTIVE) - Summary

Relates to additional guidelines and procedures to the designation process for a landmark, interior landmark, scenic landmark and historic district.

2017-S2741 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2741

 TITLE OF BILL :  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 historic district

 PURPOSE :

To hasten the landmark designation process and provide more
transparency and openness in proceedings relating to landmark
designation.

 SUMMARY OF PROVISIONS :

Section 1 amends section 25-303 of the administrative code of the City
of New York in relation to public hearings and the provision of
information to the public when the commission votes on designation of
a landmark, interior landmark, scenic landmark or a historic district.
In addition requires a rulemaking in relation to designations for
historic districts. Requires a designation to include a report that
includes an economic analysis.

Section 2 amends section 25-313 of the administrative code of the City
of New York to require testimony at the public hearing be maintained
as part of the record.

Section 3 sets for the effective date.

 JUSTIFICATION :

The purpose of the New York City Landmarks law is to preserve great
and historic buildings. Preserving our history as well as the feel and
character of New York City is a worthy goal. However, the process
requires some reform. The process needs to be more open and
transparent, ensure that proper public notice is provided so that
those impacted by landmark designations receive notice and opportunity
to appear and provide information relevant to the decisions in front
of the commission. This legislation would require the Commission to
provide public notice and ensuring that public statements are kept as
part of the record.

 LEGISLATIVE HISTORY :

2015-16: S.5410 Referred to Cities

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S2741 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2741
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 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, subdivision 1 as added by local law number 76  for  the  year
 2016, is amended to read as follows:
   §  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

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

                                                            LBD00331-01-7

 S. 2741                             2
 
 scenic landmarks, located on property owned by the city, which are iden-
 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

 S. 2741                             3
 
 development, growth, improvement or renewal of the area  involved.  SUCH
 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. 2741                             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.
   [l.] N. (1) Subject to subdivisions a through [k] M of  this  section,
 the commission shall, upon the adoption of a motion, calendar an item to
 be  considered  for designation as a landmark, interior landmark, scenic

 S. 2741                             5
 
 landmark or historic district prior to holding a public hearing on  such
 item.
   (2)  The commission shall, after a public hearing, act to designate an
 item under consideration for designation as a landmark,  interior  land-
 mark, or scenic landmark within 12 months after the date that the motion
 to  calendar such item has been adopted by the commission.  In the event
 the commission fails to designate the item within such 12 month  period,
 the  item  shall  be removed from the commission's calendar, except that
 the commission or the chair acting upon  delegation  by  the  commission
 may,  upon  a  determination  that  there is a need and with the written
 concurrence of the owner, extend the time to designate such item for  no
 more than 12 additional months.
   (3)  The commission shall, after a public hearing, act to designate an
 item under consideration for designation as an historic district  within
 24  months after the date that the motion to calendar such item has been
 adopted by the commission. In the event the commission fails  to  desig-
 nate  the  item  within  such 24 month period, the item shall be removed
 from the commission's calendar.
   § 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
 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.
   § 3. This act shall take effect immediately.

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