S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5321
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 25, 2019
                                ___________
 
 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.
              

                                                            LBD11350-01-9

 S. 5321                             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.
   § 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.
   § 3. This act shall take effect immediately.