Senate Bill S4293

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4293
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 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 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 and subdivision c as amended by section 1 of question 5
 of local law number 215 of the city of New York for the year  2019,  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. The department shall not certify an
 application unless (1) each affected borough  board,  borough  president
 and  community  board  has received from the department, at least thirty
 days before certification, a pre-certification notice containing  infor-
 mation  specified  by  the city planning commission, which shall include
 the project location,  the  purpose  of  the  proposed  actions,  and  a
 description  of  the  proposed  actions,  sufficient to put such borough
 board, borough president and community board on notice of the  substance
 of  the application, and (2) the application is substantially consistent
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08557-01-3
              

 S. 4293                             2
 
 with such notice. The  department  shall  publish  such  notice  on  the
 department's website within five days of the transmission of such notice
 to  the  affected  borough board, borough president and community board.
 Upon  certification  of an application, 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 applica-
 tion or state in  writing  what  further  information  is  necessary  to
 complete  the  application.  If such an appeal is brought by an affected
 borough president, the affirmative vote of five members of  the  commis-
 sion shall be sufficient 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.