S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8858
 
                           I N  A S S E M B L Y
 
                             January 18, 2024
                                ___________
 
 Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
   tee on Cities
 
 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to special review procedures for development in marshlands
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The administrative code of the city of New York is amended
 by adding a new section 25-121 to read as follows:
   § 25-121 SPECIAL REVIEW PROCEDURE IN MARSHLAND.   A.  DEFINITIONS.  AS
 USED  IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   1. "DEVELOPMENT" MEANS THE CONSTRUCTION OF A  NEW  BUILDING  OR  OTHER
 STRUCTURE, OR THE ALTERATION OF AN EXISTING BUILDING OR OTHER STRUCTURE,
 INCLUDING  DEMOLITION AND REPLACEMENT, FOR THE PURPOSE OF INCREASING THE
 NUMBER OF RESIDENTIAL DWELLING UNITS WITHIN SUCH BUILDING  OR  STRUCTURE
 OR  THAT  WILL  REQUIRE A CERTIFICATE OF OCCUPANCY TO BE ISSUED FROM THE
 CITY.
   2. "ENLARGEMENT" MEANS AN ADDITION TO THE FLOOR AREA  OF  AN  EXISTING
 BUILDING,  AN  INCREASE IN THE SIZE OF ANY OTHER STRUCTURE, OR AN EXPAN-
 SION OF AN EXISTING USE, INCLUDING ANY USES  ACCESSORY  THERETO,  TO  AN
 OPEN PORTION OF A ZONING LOT NOT PREVIOUSLY USED FOR SUCH USE.
   3.  "MARSH"  MEANS  A WET PRAIRIE THAT HAS WATERLOGGED SOIL DURING THE
 GROWING SEASON (FROM LAST SPRING FROST TO FIRST FALL FROST) AND IS OFTEN
 COVERED WITH SHALLOW WATER.
   4. "MARSHLAND" MEANS ANY AREA CONTAINING A MARSH OR  THAT  HAS  WITHIN
 ONE  HUNDRED YEARS PRIOR TO THE EFFECTIVE DATE OF THIS SECTION CONTAINED
 A MARSH LOCATED WITHIN A WATERSHED FOR WHICH A WATERSHED PROTECTION PLAN
 HAS BEEN ESTABLISHED PURSUANT TO SECTION 24-527 OF THIS CODE.
   5. "PROJECT" MEANS ANY DEVELOPMENT OR ENLARGEMENT.
   6. "RESIDENTIAL DWELLING UNIT" MEANS  ANY  BUILDING  OR  STRUCTURE  OR
 PORTION  THEREOF  WHICH  IS  LEGALLY OCCUPIED IN WHOLE OR IN PART AS THE
 HOME, RESIDENCE OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS.
   B. THE CITY PLANNING COMMISSION  SHALL  NOT  AUTHORIZE  A  PROJECT  ON
 MARSHLAND UNTIL THE REQUIREMENTS OF THIS SECTION HAVE BEEN COMPLETED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13514-04-4
 A. 8858                             2
 
   C.  EXCEPT IN THE CASE OF PROJECTS THAT HAVE BEEN EXEMPTED BY THE CITY
 PLANNING COMMISSION PURSUANT TO SUBDIVISION J OF THIS SECTION  FROM  THE
 SPECIAL  REVIEW  PROCEDURE ESTABLISHED BY THIS SECTION, NO PROJECT SHALL
 BE PERMITTED ON A ZONING LOT IN MARSHLAND UNTIL THE OWNER THEREOF  SHALL
 HAVE  FILED  NOTICE  OF  SUCH  PROPOSED  PROJECT  WITH THE CITY PLANNING
 COMMISSION AND THE COMMUNITY BOARD OF THE COMMUNITY  DISTRICT  IN  WHICH
 THE  PROJECT  IS  PROPOSED  TO BE LOCATED. ADDITIONALLY, THE OWNER SHALL
 FILE AN APPLICATION FOR AUTHORIZATION WITH THE CITY PLANNING  COMMISSION
 THAT SHALL INCLUDE A DESCRIPTION OF THE PROJECT, INCLUDING ITS LOCATION,
 FLOOR PLANS, THE BUILDING FOOTPRINT ON THE BUILDING PARCEL AND ARCHITEC-
 TURAL RENDERINGS, AS WELL AS:
   1.  A SURVEY MAP PREPARED BY A REGISTERED SURVEYOR SHOWING TOPOGRAPHY,
 THE LOCATION OF EXISTING BUILDINGS OR OTHER STRUCTURES,  PATIOS,  DECKS,
 SWIMMING  POOLS,  WALKWAYS, DRIVEWAYS AND PRIVATE ROADS, INCLUDING SIDE-
 WALKS AND OTHER  IMPERVIOUS  SURFACES;  AND  THE  LOCATION  OF  GEOLOGIC
 FEATURES, AQUATIC FEATURES AND BOTANIC ENVIRONMENTS;
   2.  PHOTOGRAPHS  SHOWING  THE  LOCATION AND CONDITION OF SUCH GEOLOGIC
 FEATURES, AQUATIC FEATURES OR BOTANIC ENVIRONMENTS;
   3. A SITE PLAN PREPARED BY  A  REGISTERED  ARCHITECT  OR  PROFESSIONAL
 ENGINEER  INDICATING  THE  LOCATION  OF  ALL EXISTING BUILDINGS OR OTHER
 STRUCTURES; THE LOCATION OF ALL PROPOSED BUILDINGS OR OTHER  STRUCTURES;
 THE  LOCATION  OF  EXISTING  AND PROPOSED PATIOS, DECKS, SWIMMING POOLS,
 WALKWAYS, DRIVEWAYS AND PRIVATE ROADS,  INCLUDING  SIDEWALKS  AND  OTHER
 IMPERVIOUS SURFACES;
   4.  A  DRAINAGE  PLAN AND SOIL REPORT PREPARED BY A PROFESSIONAL ENGI-
 NEER.    THE  DRAINAGE  PLAN  SHALL  DESCRIBE  THE   TEMPORARY   (DURING
 CONSTRUCTION)  AND  PERMANENT  MEASURES TO COLLECT, DIRECT AND DISCHARGE
 STORMWATER DRAINAGE FROM THE SITE, INDICATING THE DIRECTION OF  DRAINAGE
 FLOW  AND  PROVIDING  DETAILED  PLANS  AND  LOCATIONS OF ALL SURFACE AND
 SUBSURFACE DRAINAGE DEVICES, WALLS, DAMS,  SEDIMENT  BASINS,  STORMWATER
 STORAGE (DETENTION AND RETENTION) FACILITIES, AND OTHER DRAINAGE FACILI-
 TIES AND PROTECTIVE DEVICES;
   5. A LANDSCAPING AND REVEGETATION PLAN, PREPARED BY A REGISTERED LAND-
 SCAPE ARCHITECT, INDICATING THE EXTENT OF VEGETATION AND TOPSOIL REMOVAL
 REQUIRED  FOR  SITE  PREPARATION  AND  DEVELOPMENT  AND THE LOCATION AND
 SPECIES OF ALL NEW PLANTINGS; AND
   6. ANY OTHER INFORMATION NECESSARY TO EVALUATE THE REQUEST FOR AUTHOR-
 IZATION.
   THE COMMISSION MAY ONLY WAIVE OR MODIFY ANY OF  THE  REQUIREMENTS  SET
 FORTH  IN PARAGRAPHS ONE THROUGH SIX OF THIS SUBDIVISION, WHEN: (A) SUCH
 WAIVER OR MODIFICATION IS REQUESTED BY THE APPLICANT IN WRITING AND WHEN
 THE COMMISSION DETERMINES THAT  THE  REQUIREMENTS  ARE  UNNECESSARY  FOR
 EVALUATION  PURPOSES;  (B) THE COMMUNITY BOARD OF THE COMMUNITY DISTRICT
 IN WHICH THE PROJECT IS PROPOSED TO BE LOCATED HAS APPROVED THE PROPOSED
 WAIVER OR MODIFICATION; (C) THE BOROUGH  PRESIDENT  WHO  REPRESENTS  THE
 BOROUGH  OR  COUNTY  IN  WHICH THE PROJECT IS PROPOSED TO BE LOCATED HAS
 APPROVED THE PROPOSED WAIVER  OR  MODIFICATION;  (D)  THE  CITY  COUNCIL
 MEMBER  OR  MEMBERS  IN  WHOSE  DISTRICT  THE  PROJECT IS PROPOSED TO BE
 LOCATED HAVE APPROVED THE PROPOSED WAIVER OR MODIFICATION; AND  (E)  THE
 MEMBER  OR  MEMBERS  OF  ASSEMBLY  AND  THE SENATOR OR SENATORS IN WHOSE
 DISTRICTS THE PROJECT IS PROPOSED TO BE LOCATED  SHALL  BE  NOTIFIED  OF
 SUCH  APPROVAL  IN  WRITING AND SHALL HAVE THE OPPORTUNITY TO REVIEW AND
 MAKE ADVISORY RECOMMENDATIONS ON THE PROPOSED  PROJECT.  THE  MEMBER  OR
 MEMBERS  OF  ASSEMBLY  AND THE SENATOR OR SENATORS IN WHOSE DISTRICT THE
 PROJECT IS PROPOSED TO BE LOCATED HAVE APPROVED THE PROPOSED  WAIVER  OR
 MODIFICATION.
 A. 8858                             3
 
   D.  UPON RECEIPT OF A COMPLETE APPLICATION FOR AUTHORIZATION, THE CITY
 PLANNING COMMISSION SHALL REQUIRE A SITE-SPECIFIC  ENVIRONMENTAL  REVIEW
 OF THE PROJECT.
   1.  WHEN  APPLYING  FOR AUTHORIZATION FOR A PROJECT AN APPLICANT SHALL
 NOTIFY THE CITY PLANNING COMMISSION IN WRITING AS  TO  WHETHER  IT  WILL
 EXERCISE  ITS  OPTION TO PREPARE OR CAUSE TO BE PREPARED A SITE-SPECIFIC
 ENVIRONMENTAL REVIEW, AND AS TO WHOM IT HAS DESIGNATED  TO  PREPARE  THE
 SITE-SPECIFIC  ENVIRONMENTAL  REVIEW,  PROVIDED THAT NO PERSON SO DESIG-
 NATED SHALL HAVE AN INVESTMENT OR EMPLOYMENT INTEREST  IN  THE  ULTIMATE
 REALIZATION OF THE PROPOSED PROJECT.
   2.  IF  AN APPLICANT DECLINES RESPONSIBILITY FOR A SITE-SPECIFIC ENVI-
 RONMENTAL REVIEW, THE CITY PLANNING COMMISSION MAY PREPARE OR  CAUSE  TO
 BE  PREPARED  A  SITE-SPECIFIC  ENVIRONMENTAL REVIEW FOR THE PROJECT. IN
 SUCH EVENT, THE APPLICANT SHALL PROVIDE, UPON REQUEST, AN  ENVIRONMENTAL
 REPORT TO ASSIST THE CITY PLANNING COMMISSION IN PREPARING OR CAUSING TO
 BE PREPARED THE SITE-SPECIFIC ENVIRONMENTAL REVIEW AND SUCH OTHER INFOR-
 MATION  AS MAY BE NECESSARY. ALL AGENCIES SHALL FULLY COOPERATE WITH THE
 CITY PLANNING COMMISSION IN ALL MATTERS RELATING TO THE  PREPARATION  OF
 THE SITE-SPECIFIC ENVIRONMENTAL REVIEW.
   3.  IF  THE APPLICANT DOES NOT EXERCISE ITS OPTION TO PREPARE OR CAUSE
 TO BE PREPARED A SITE-SPECIFIC ENVIRONMENTAL REVIEW, AND THE CITY  PLAN-
 NING  COMMISSION  DOES  NOT PREPARE OR CAUSE TO BE PREPARED SUCH REVIEW,
 THEN THE APPLICATION FOR AUTHORIZATION OF THE PROPOSED PROJECT SHALL  BE
 DENIED.
   E.  ONCE  A  SITE-SPECIFIC  ENVIRONMENTAL REVIEW IS COMPLETE, THE CITY
 PLANNING COMMISSION SHALL FORWARD A COPY OF THE FINDINGS OF  THE  REVIEW
 TO THE COMMUNITY BOARD OR BOARDS FOR THE COMMUNITY DISTRICT OR DISTRICTS
 IN WHICH THE PROPOSED PROJECT IS LOCATED ALONG WITH A COPY OF THE APPLI-
 CATION  FOR  AUTHORIZATION  OF THE PROJECT. THE CITY PLANNING COMMISSION
 SHALL ALSO MAKE A COPY OF THE FINDINGS  OF  THE  SITE-SPECIFIC  ENVIRON-
 MENTAL  REVIEW AND APPLICATION FOR AUTHORIZATION AVAILABLE TO THE PUBLIC
 ON THE COMMISSION'S WEBSITE.
   F. NOT LESS THAN FORTY-FIVE DAYS NOR MORE THAN  NINETY  DAYS  AFTER  A
 SITE-SPECIFIC  ENVIRONMENTAL  REVIEW  IS  COMPLETED,  THE  CITY PLANNING
 COMMISSION SHALL HOLD A  PUBLIC  COMMUNITY  FORUM  FOR  THE  PURPOSE  OF
 OBTAINING  MEANINGFUL  PUBLIC  AND  COMMUNITY BOARD INPUT CONCERNING THE
 ANTICIPATED IMPACT OF THE PROPOSED PROJECT UPON THE COMMUNITY. THE  CITY
 PLANNING  COMMISSION  SHALL AFFORD COMMUNITY MEMBERS, REPRESENTATIVES OF
 THE LOCAL COMMUNITY BOARD, LOCAL BUSINESSES AND RESIDENTS  A  REASONABLE
 OPPORTUNITY  TO  SPEAK  ABOUT  RELEVANT MATTERS AT SUCH COMMUNITY FORUM,
 INCLUDING COMMENTS ON ANY ASPECT OF  THE  APPLICATION  OR  SITE-SPECIFIC
 ENVIRONMENTAL REVIEW FOR THE PROPOSED PROJECT. EVERY SUCH FORUM SHALL BE
 HELD UPON NOT LESS THAN TWENTY DAYS NOTICE TO THE AFFECTED COMMUNITY AND
 THE LOCAL COMMUNITY BOARD.
   G. THE CITY PLANNING COMMISSION SHALL, PRIOR TO ESTABLISHING THE DATE,
 TIME AND LOCATION OF THE PUBLIC COMMUNITY FORUM, CONSULT WITH AND OBTAIN
 THE  ADVICE  AND CONSENT OF THE APPROPRIATE COMMUNITY BOARD AS TO ESTAB-
 LISHING A CONVENIENT DATE, TIME AND LOCATION TO CONDUCT  THE  FORUM  FOR
 THE  LOCALLY  IMPACTED  COMMUNITY.  SUCH  FORUM LOCATION SHALL BE WITHIN
 REASONABLE PROXIMITY OF THE PROPOSED PROJECT AND IN SUITABLE  FACILITIES
 THAT PROVIDE ADEQUATE ROOM AND ACCESS TO HEAR PUBLIC COMMENTS PRESENTED.
   H.  NOT LESS THAN SIXTY DAYS, NOR MORE THAN NINETY DAYS, AFTER HOLDING
 A COMMUNITY FORUM THE CITY PLANNING COMMISSION SHALL, AFTER DUE  CONSID-
 ERATION  OF  THE COMMENTS AT SUCH FORUM, EITHER APPROVE, APPROVE SUBJECT
 TO MODIFICATIONS, OR DENY  THE  APPLICATION  FOR  AUTHORIZATION  OF  THE
 PROJECT.  IN  MAKING  ITS DECISION, THE COMMISSION SHALL, IN ADDITION TO
 A. 8858                             4
 
 THE SITE-SPECIFIC ENVIRONMENTAL REVIEW FINDINGS, EVALUATE THE  PROJECT'S
 POTENTIAL  TO CAUSE AN ADVERSE ENVIRONMENTAL IMPACT ON THE MARSHLAND AND
 SURROUNDING COMMUNITY. WHEN DETERMINING THE  POTENTIAL  FOR  AN  ADVERSE
 IMPACT  THE  COMMISSION  SHALL CONSIDER THE EFFECT OF ANY PROJECT ON THE
 TOTAL ECOLOGICAL PROCESS OF THE MARSHLAND AND SURROUNDING NATURAL  ENVI-
 RONMENT INCLUDING THE EFFECT OF SUCH PROJECT ON THE EXISTING TOPOGRAPHY,
 SOIL  CONDITIONS,  EROSION,  NATURAL  FLOW  OF WATER AND DRAINAGE, WATER
 QUALITY, AND ANIMAL, PLANT AND MARINE LIFE. A PROJECT FOUND TO BE  DEFI-
 CIENT  WITH RESPECT TO ANY OF THESE CONSIDERATIONS MAY BE REQUIRED TO BE
 MODIFIED AS A CONDITION OF FINAL APPROVAL. THE CITY PLANNING  COMMISSION
 SHALL DENY AUTHORIZATION FOR ANY PROJECT FOUND TO HAVE AN ADVERSE IMPACT
 ON THE MARSHLAND OR SURROUNDING COMMUNITY.
   I.  PRIOR TO THE ISSUANCE BY THE DEPARTMENT OF BUILDINGS OF ANY PERMIT
 FOR ANY PROJECT WITHIN A MARSHLAND, THE CITY PLANNING  COMMISSION  SHALL
 CERTIFY  TO  THE  DEPARTMENT OF BUILDINGS THAT THE PROJECT IS AUTHORIZED
 PURSUANT TO THIS SECTION.  NEITHER THE DEPARTMENT OF  BUILDINGS  OR  ANY
 OTHER  CITY  OR STATE AGENCY SHALL ISSUE A PERMIT FOR THE DEVELOPMENT OR
 ENLARGEMENT UNTIL THE CITY PLANNING COMMISSION HAS SO CERTIFIED.
   J. THE CITY PLANNING COMMISSION SHALL PROMULGATE RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS  SECTION  INCLUDING  RULES
 DELINEATING  THE  LOCATIONS  OF MARSHLAND WITHIN THE CITY AND DESCRIBING
 THE TYPES OF PROJECTS THEREIN, IF ANY, WHICH SHALL BE  EXEMPT  FROM  THE
 PROVISIONS OF THIS SECTION. PRIOR TO THE PROMULGATION OF SUCH RULES, THE
 CITY  PLANNING  COMMISSION SHALL CONSULT WITH THE COMMUNITY BOARD OF ANY
 COMMUNITY DISTRICT CONTAINING AREAS  THE  COMMISSION  MAY  DELINEATE  AS
 MARSHLAND  REGARDING  THE  TYPES  OF  PROJECTS  TO  BE  EXEMPT  FROM THE
 PROVISIONS OF THIS SECTION AND IN WHAT AREAS OF THE COMMUNITY  DISTRICT.
 SUCH  CONSULTATION  SHALL  INCLUDE A NOTICE AND COMMENT PERIOD OF FORTY-
 FIVE DAYS. THE CITY PLANNING COMMISSION MAY  EXEMPT  TYPES  OF  PROJECTS
 FROM  THE  PROVISIONS  OF THIS SECTION UPON RECEIPT OF A RESOLUTION OF A
 COMMUNITY BOARD REQUESTING SUCH TYPES OF PROJECTS TO BE EXEMPTED.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.