CONTENTS
Uniform Land Use Review
Procedure
as adopted by the City Planning Commission on June 27,
1990, as amended
PURPOSE AND
AUTHORITY
Section
2-01 ACTIONS SUBJECT TO PROCEDURE
- Section
2-01.1 Zoning Resolution Amendments Adopted Pursuant
to City Charter Section 200 or Section 201
Section
2-02 APPLICATIONS
- Section
2-02(a) Applications: General Provisions
- Section
2-02(b) Referrals: General Provisions
- Section
2-02(c) Charter Section 201 Applications
- Section
2-02(d) Withdrawals
- Section 2-02(e) Notification of Proposed (E) Designation
Section
2-03 COMMUNITY BOARD ACTIONS
- Section
2-03(a) General Provisions
- Section
2-03(b) Waivers of Hearings and Recommendations
- Section
2-03(c) Notice of Hearing
- Section
2-03(d) Conduct of Public Hearing
- Section
2-03(e) Public Attendance at Meetings of a Community
Board and Its Committees
- Section
2-03(f) Recommendations and Waivers
- Section
2-03(g) Request for Review of Action Not in a Community
District
Section
2-04 BOROUGH PRESIDENT ACTIONS
Section
2-05 BOROUGH BOARD ACTIONS
- Section
2-05(a) General Provisions
- Section
2-05(b) Notice of Hearing
- Section
2-05(c) Conduct of Hearing
- Section
2-05(d) Public Attendance at Meetings
- Section
2-05(e) Recommendations and Waivers
Section
2-06 CITY PLANNING COMMISSION ACTIONS
- Section
2-06(a) General Provisions
- Section
2-06(b) Zoning Text Amendments Pursuant to Charter
Section 200 or 201
- Section
2-06(c) Modification of Applications
- Section
2-06(d) Notice of Hearing
- Section
2-06(e) Posting of Notices for Hearings on the Disposition
of Occupied City-Owned Residential Buildings
- Section
2-06(f) Conduct of Hearing
- Section
2-06(g) Commission Actions
Section
2-07 BOROUGH PRESIDENT INITIATION OF CITY COUNCIL REVIEW
Section
2-08 BOARD OF STANDARDS AND APPEALS
- Section
2-08(a) Variance and Special Permit Applications
- Section
2-08(b) City Planning Commission Review
Section
2-09 ADMINISTRATIVE PROVISIONS
- Section
2-09(a) Referrals and Filing
- Section
2-09(b) Time Provisions
- Section
2-09(c) Transition
Section
2-10 INTERPRETATION AND AMENDMENT OF REGULATIONS
- Section
2-10(a) Interpretation
- Section
2-10(b) Amendments
- Section
2-10(c) City Planning Commission Rules of Procedure
Purpose And Authority
These
rules (1) consist of guidelines, minimum standards and
procedural requirements for the community boards, Borough
Presidents, borough boards and the City Planning Commission
(hereafter: "the Commission") in the exercise
of their duties; (2) standards for certification of
applications and (3) time periods for review of applications.
They are established by the Commission, pursuant to
Section 197-c subsection i of the New York City Charter,
and have been adopted in accordance with the City Administrative
Procedure Act (Chapter 45 of the Charter).
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Section
2-01
Actions Subject to Procedure
The
land use review procedure which is set out herein shall
govern the following actions:
(a)
changes in the City Map pursuant to Charter Sections
198 and 199;
(b)
approval of a map of subdivisions or platting of land
into streets, avenues or public places pursuant to Charter
Section 202;
(c)
designations of zoning districts under the Zoning Resolution,
including conversion from one land use to another land
use pursuant to Charter Sections 200 and 201;
(d)
adoption of special permits within the jurisdiction
of the City Planning Commission under the Zoning Resolution
pursuant to Charter Sections 200 and 201;
(e)
selection of sites for capital projects pursuant to
Charter Section 218;
(f)
granting of revocable consents pursuant to Charter Section
364, requests for proposals and other solicitations
for franchises pursuant to Charter Section 363 and major
concessions as defined pursuant to Charter Section 374;
(g)
authorization of improvements in real property, the
costs of which are payable other than by the City pursuant
to Charter Section 220;
(h)
approval of housing or urban renewal plans and projects
pursuant to City, State or Federal laws;
(i)
approval of sanitary or waterfront landfills pursuant
to applicable Charter provisions or other provisions
of law;
(j)
approval of sale, lease (other than lease of space for
office uses), exchange or other disposition of real
property of the City and, sale or lease of land under
water pursuant to Charter Section 1602, Chapter 15 or
other applicable provisions of law;
(k)
acquisition by the city of real property (other than
acquisition of office space for office use or a building
for office use), including acquisition by purchase,
condemnation, exchange or lease and including the acquisition
of land under water pursuant to Charter Section 1602,
Chapter 15, or other applicable provisions of law;
(l)
for purposes of review by a community board or, where
appropriate, by community boards and a borough board,
the granting by the Board of Standards and Appeals of
a variance of the Zoning Resolution pursuant to Charter
Section 668(2);
(m)
for purposes of review by a community board or, where
appropriate, by community boards and a borough board,
the granting by the Board of Standards and Appeals of
a special permit assigned to its jurisdiction under
the Zoning Resolution pursuant to Charter Section 668
(2);
(n)
such other matters involving the use, development or
improvement of property as proposed by the Commission
and enacted by the City Council pursuant to local law.
Section
2-01.1
Zoning Resolution Amendments Adopted Pursuant to
City Charter Section 200 or Section 201
Applications
to amend the Zoning Resolution pursuant to City Charter
Section 201 and actions to amend the Zoning Resolution
initiated by the Commission pursuant to Charter Section
200, which concern revisions to the text of the Zoning
Resolution, shall be subject to the provisions of subdivisions
(b), (c), (d), and (g) of Section 2-06 and subdivision
(c) of Section 2-02 of these rules.
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Section
2-02
Applications
(a) Applications: General Provisions
- (1) Presentation of Application
A request for any action shall be submitted to the Department of City Planning, Central Intake Room. The application must be submitted upon the proper forms for the action, as provided by the Department, including forms requesting information required for the "doing business database" established by Local Law 34 for the year 2007, and must be accompanied by all of the information and documents required by such forms in the appropriate number of copies specified thereon. For purposes of the acquisition of property by the City, pursuant to Section 2-01(e) and 2-01(k) of these rules, the applicant shall be the requesting agency and the Department of Citywide Administrative Services. For purposes of the approval of housing or urban renewal plans and projects or amendments thereof pursuant to City, State or Federal laws in accordance with Section 2-01(h) of these rules, the applicant shall be the New York City Department of Housing Preservation and Development or the New York City Housing Authority, as appropriate, or their designees.
When
presented at Central Intake, the application shall be
accompanied by payment of the required fee, if any.
Central Intake will not accept incomplete applications
or applications without the required fee.
- (2) Initial Review
The Department of City Planning shall, within five
(5) days, review each application to insure that all
required forms, documents and other exhibits supplied
have been submitted and prepared in the manner required
by the instructions. If any of the documentation is
missing or has been improperly prepared, the application
will be returned with a listing of its deficiencies.
If the documentation is in order, the Department shall
assign a docket number and shall send a Notice of
Receipt of the application to all the appropriate
Department divisions and other agencies which review
such application, and to the community board(s), Borough
President(s), borough board(s) (when appropriate),
the City Council and the applicant in accordance with
Section 2-02(b). Such Notice of Receipt, when sent
to the community board(s), Borough President(s), borough
boards and City Council shall include a copy of the
application form and all documents and exhibits attached
thereto.
(3) Substantive Review
The application form, documents and other exhibits
shall be subject to review by the appropriate divisions
of the Department in order to insure that the requirements
for completeness in Section 2-02(a)(5) have been
met prior to certification of the application into
ULURP. The Department may request any additional
documents, maps, plans, drawings or information
necessary to complete or organize the submission,
or to clarify its substance and the land use issues
attendant to it. The Department of City Planning
shall refer such additional application documents
or amendments within five (5) days to each affected
Borough President, community board or borough board,
and to the City Council.
Not
later than sixty (60) days after the Notice of Receipt
has been sent, the Department of City Planning shall
notify the applicant of any deficiencies or errors
in the application, documents and other exhibits,
and shall make any requests for revised or supplementary
documents and exhibits. The applicant is expected
to respond within a reasonable time. Upon receipt
of the corrected, revised or supplementary material,
the Department of City Planning shall review it
within a period of not more than sixty (60) days
and make any additional request for further corrections
or supplements if needed.
If
the applicant fails to respond within sixty (60)
days after the receipt of a request for revisions,
corrections or supplement, the Department of City
Planning shall give notice to the applicant that
the application will be deemed withdrawn.
(4) Appeal for Certification
At any time after one hundred eighty (180) days
have elapsed from the date of the Notice of Receipt
of any application, the applicant may appeal in
writing to the Commission to certify the application
as complete. The affected Borough President may
also appeal in writing if the Borough President
finds that the application is consistent with the
land use policy or strategic policy statement of
the borough formulated pursuant to Section 82, subsection
14 of the Charter. Upon receipt of such an appeal,
the Commission shall refer it to the Department
of City Planning and the Office of Environmental
Coordination or lead agency for an evaluation of
the completeness of the application, which shall
include an identification of all material requested
by the Department of City Planning and the environmental
review staff or lead agency not yet provided by
the applicant. If the Commission determines that
all pertinent information has been supplied in accordance
with the criteria of Section 2-02(a)(5) below, it
shall certify the application as complete. If the
Commission determines that pertinent information
has not been supplied, such information shall be
listed by the Department of City Planning and the
environmental review staff and sent by the Commission
to the applicant within thirty (30) days of receipt
of the appeal. When the applicant has responded,
either by supplying all the information so requested,
or by explaining why such information should not
be required in order to certify the application,
the Commission shall consider the evaluation and
the applicant's response and either certify the
application as complete in accordance with Section
2-02(a)(5), or deny the appeal. A denial by the
Commission shall state the information that must
still be supplied or clearly state the reason for
denial. Such determination shall be made not later
than sixty (60) days from the date the appeal is
received. If the appeal is one which has been made
by the affected Borough President, and the land
use proposed in the application is consistent with
the land use policy or strategic policy statement
of the affected Borough President, then a vote of
five members shall be sufficient to certify the
application as complete in accordance with Section
2-02(a)(5) below. In all other instances, a majority
vote of the Commission is necessary to certify an
application.
A
denial of the appeal shall mean that the application
remains incomplete, and the Department of City Planning
and the environmental review staff shall continue
with timely review of the application until all
the information required for completeness has been
provided at which time certification shall take
place. If such review continues for an additional
one hundred and eighty (180) days or more beyond
the denial, the applicant may again appeal to the
Commission under the procedure outlined above to
certify the application.
(5) Certification of Completeness
The Department or the Commission shall certify the
application as complete when compliance has been
achieved with all of the following:
- (i)
The standard application form, including for any application certified on or after April 14, 2008, forms requesting information required for the "doing business database" established pursuant to Local Law 34 for the year 2007, has been filled out in its entirety with all requested information presented in clear language.
(ii)
All accompanying documents, maps, plans, drawings
and other information, are properly organized
and presented in clear language and understandable
graphic form.
(iii)
The information supplied on the application
form and accompanying documents is fully sufficient
to address all issues of jurisdiction and substance
which are required to be addressed for the category
of action as defined in the Charter, statutes,
Zoning Resolution, Administrative Code or other
law or regulation.
(iv)
All reviews by necessary and related agencies
of the State and City have been completed and
any required reports, certifications, sign-offs
or other such agency actions required by law
or regulation prior to ULURP have been secured
or written waiver of the agency presented. If
any such agency does not respond within sixty
(60) days, it will be deemed to have waived
its review and action as applicable law permits.
(v)
A determination has been made whether the action
is subject to City or State Environmental Quality
Review, and if so subject, the lead agency has
issued either:
- (A)
A Negative or Conditional Negative Declaration;
or
(B)
A Notice of Acceptance of a Draft Environmental
Impact Statement.
(vi) Notification of any proposed (E) designation has been submitted to the Department of City Planning as required pursuant to Section 2-02(e) hereof.
(b) Referrals: General Provisions
Except
as provided in Section 2-02(c) hereof, within nine (9)
calendar days after the certification by the Department
of City Planning (or the Commission if certification
occurs pursuant to Section 2-02(a)(4) above) that a
submission is a complete application, the Department
of City Planning shall make the following referrals:
- (1)
any application relating to a proposal which occupies
or would occupy land located in only one community
district shall be referred to the community board
for such district;
(2)
any application relating to a proposal which occupies
or would occupy land located in two or more community
districts shall be referred to the community board
for each such district and to the borough board
for the appropriate borough;
(3)
any application relating to a proposal which occupies
or would occupy land located in a joint interest
area not included within a community district shall
be referred to the community board for each community
district bounding such area and to the borough board
for the appropriate borough;
(4)
all applications shall be referred to the Borough
President of the borough in question.
(5)
all applications shall be referred to the City Council.
(c) Charter Section 201 Applications
A request
for an amendment to the Zoning Map or the text of the
Zoning Resolution by a taxpayer, community board, borough
board, Borough President, the Mayor, or the Land Use
Committee of the Council pursuant to Charter Section
201, shall be filed with the Department. Applications
for special permits pursuant to Section 201 may be filed
by any person or agency. Such requests shall be subject
to the application and certification procedure of Section
2-02(a) hereof and shall be referred pursuant to Section
2-02(b) hereof.
(d) Withdrawals
An
applicant may at any time file with the Commission a
statement that its application is withdrawn. If withdrawal
occurs after filings have occurred pursuant to Section
2-06(g)(4) of these rules the applicant shall also file
a statement of withdrawal with the City Council. Upon
the filing of such a statement, the application in question
shall be void and no further processing of such application
under this uniform land use review procedure shall be
undertaken by a community board, Borough President,
borough board or the Commission. The Commission shall
promptly give notice of such withdrawal to the board
or boards, to the Borough President to which the application
was referred pursuant to Section 2-02(b) and to the
Council, if filings pursuant to Section 2-06(g)(4) have
not occurred. The request to which the application relates
may thereafter be advanced only in connection with a
new application certified as complete pursuant to Section
2-02(a) herein and processed according to this uniform
land use review procedure.
(e) Notification of Proposed (E) Designation
(1) In the event that an application for an amendment to the Zoning Map pursuant to Charter Section 197-c and Section 200 or Section 201 includes an (E) designation for potential hazardous material contamination on any tax lot or zoning lot pursuant to Section 11-15 of the Zoning Resolution of the City of New York, at the time the application is referred pursuant to Section 2-02(b) hereof the owner or owners of any such tax lot or zoning lot shall be notified of the proposed (E) designation. Such notification shall be by the lead agency, as defined in 6 New York Code of Rules and Regulations, Part 617, as amended, and 62 Rules of the City of New York Section 5-02, as amended. In the event the lead agency is other than the Commission, no application for an amendment to the Zoning Map shall be certified as complete pursuant to Section 2-02(a)(5) hereof until such other lead agency shall have submitted any notification of a proposed (E) designation, in the form and addressed to the parties required by this Section to the Department of City Planning, who shall send such notification in the manner provided by this Section.
(2) Such notification shall be by first-class mail and shall be made to the person(s) or entity(ies) identified in the official records of the City of New York as the fee owners of such tax lot or zoning lot and shall be sent to the address or addresses indicated in such records.
(3) The notification shall:
(i) describe the existing zoning and the proposed rezoning for the properties that will include the (E) designation;
(ii) inform the property owner of the right to attend and testify at any public hearing related to the proposed Zoning Map amendment;
(iii) provide the phone numbers for a contact person at the lead agency, or if the lead agency is the Commission, a contact person or persons at the Department of City Planning;
(iv) be accompanied by a copy of Section 11-15 of the Zoning Resolution of the City of New York.
Return to Contents
Section
2-03
Community Board Actions
(a) General Provisions
- (1)
Except as provided below, within sixty (60) calendar
days after a community board's receipt of a complete
application referred by the Department of City Planning,
the Board of Standards and Appeals or the Commission
as the case may be, the community board shall hold
a public hearing and adopt and submit as provided
herein a written recommendation concerning such application.
For purposes of this provision, a community board
shall be deemed to have received an application nine
calendar days after the date of certification. The
Department of City Planning shall insure delivery
of a certified application by either mailing to the
community board within five (5) days of the date of
certification or by hand delivery within eight (8)
days from the date of certification.
(2)
Where the negative vote of the community board was
adopted without a public hearing, without a quorum
or at a meeting conducted after its 60-day period
for review, such non-complying negative vote shall
not be considered a negative vote for the purpose
of Charter Section 197-d(b)(2). The Commission may
note the non-compliance and any other deficiency
in compliance with these rules in its report.
(b) Waivers of Hearings and Recommendations
- (1) Leases
In the case of a proposed lease of property of the
City which in the judgment of the community board
does not involve a substantial land use interest,
such board may waive the holding of a public hearing
and preparation of a written recommendation. In such
case the community board shall submit to the Department
a written waiver of its right to hold a public hearing
and to submit recommendations to the City Planning
Commission and affected Borough President. When a
written waiver of the community board's right to hold
a hearing and submit a recommendation is received
by the Department of City Planning, the community
board's period of review shall be deemed ended and
the Borough President's time period begun.
(2) Franchises
In the case of a request for proposal or other solicitation
for a franchise which in the judgment of the community
board does not involve a substantial land use interest,
such community board may submit a written waiver
to the Commission of the right to hold a public
hearing and the preparation of a written recommendation.
(c) Notice of Hearing
Notice
of the time, place and subject of a public hearing to
be held by a community board on an application shall
be given as follows:
- (1)
by publication in The City Record for the five (5)
days of publication immediately preceding and including
the date of the public hearing;
(2)
by publication in the Comprehensive City Planning
Calendar distributed not less than five (5) calendar
days prior to the date of public hearing;
(3)
to the applicant ten (10) days prior to the date
of hearing (with a copy of such notice also forwarded
to the Department of City Planning).
(4)
for all actions that request acquisition of property
by the City, other than by lease, whether by condemnation
or otherwise, the applicant shall notify the owner
or owners of the property in question by mail to
the last known address of such owner or owners,
as shown on the City's tax records, not later than
five (5) days prior to the date of hearing. An affidavit
attesting to the mailing and a copy of the notice
shall be submitted to the Department of City Planning
prior to the Commission's public hearing.
(5)
community boards are also encouraged to publicize
hearings by publication in local newspapers, posting
notices in prominent locations, and other appropriate
means.
(d) Conduct of Public Hearing
- (1) Location
A community board public hearing shall be held at
a convenient place of public assembly chosen by the
board and located within its community district. If
in the community board's judgment there is no suitable
and convenient place within the community district,
the hearing shall be held at a centrally located place
of public assembly within the borough.
(2) General Character
Hearings shall be legislative type hearings, without
sworn testimony or strict rules of evidence. Only
members of a community board and persons expressly
authorized by the chairperson may question a speaker.
All persons appearing and wishing to speak shall
be given the opportunity to speak. A community board
hearing shall be conducted in accordance with by-laws
adopted by the community board.
(3) Quorum
A public hearing shall require a quorum of 20 percent
of the appointed members of the community board,
but in no event fewer than seven such members. The
minutes of a meeting at which a public hearing was
held shall include a record of the individual members
present.
(4) Record
The record of a public hearing shall consist of
but not be limited to a list of speaker's names
and affiliations (if any), a notation of each speaker's
own indication, on a form provided for that purpose,
of support or opposition to the application, and
any exhibits or written statements offered by speakers.
(e) Public Attendance at Meetings of a Community Board
or Its Committees
The
public may attend all meetings of a community board
or its committees at which an application for an action
subject to this Chapter is to be considered or acted
upon in a preliminary or final manner. A community board
may close a meeting or committee meeting to the public
only as provided in the New York State Open Meetings
Law (Public Officers Law, Sections 100-111).
(f) Recommendations and Waivers
- (1) Quorum
The adoption of a community board recommendation,
or the waiver of a public hearing and recommendation
by a community board, shall require a quorum of a
majority of the appointed members of the board. The
minutes of a meeting at which a recommendation or
waiver was adopted shall record the individual members
present.
(2) Vote
The adoption of a community board recommendation
or the waiver of a public hearing and recommendation
shall be by a public vote which results in approval
by a majority of the appointed members present during
the presence of a quorum, at a duly called meeting.
The vote shall be taken in accordance with the by-laws
of the community board.
(3) Content
A community board recommendation shall be in writing
on a form provided by the Department of City Planning
and shall include a description of the application,
the time and place of the public hearing on the
application, the time and place of the meeting at
which the recommendation was adopted and the vote
by which the recommendation was adopted. The community
board may include in its submission the reasons
for the vote and any conditions attached to its
vote. The community board may state that its conditional
approval shall be considered a negative recommendation
for purposes of Charter Section 197-d(b)(2) if conditions
that it considers essential to minimize land use
or environmental impacts are not adopted by the
Commission. The City Planning Commission shall give
consideration only to those conditions which are
related to land use and environmental aspects of
the application.
(4) Submission
A community board shall submit its recommendation
or waiver promptly after adoption, to the Commission,
to the Borough President, to the applicant and,
in the case of an application referred to two or
more community boards and a borough board, to such
borough board. If a community board fails to act
within the time limits for review the application
shall be deemed referred to the next level of review
at the completion of the community board's time
period.
(g) Requests for Review of Action Not in a Community
District
A community
board or borough board may request a copy of the application
and supporting documents for any action subject to ULURP
which is not located within the district boundaries
of the community board, or the borough board, making
the request. The request must be made in writing to
the Calendar Office of the Commission and it shall state
the basis for the board's judgment that the application
may significantly affect the welfare of the district
or borough served by such board. If such request is
made, the Department of City Planning shall forward
the information described above to said board. Thereafter,
the community board or borough board may schedule a
public hearing on the application, such hearing and
notice thereof to be in conformance with Sections 2-03(c),
2-03(d), 2-05(c) and 2-05(d) of these rules and may
submit a written recommendation to the Commission. The
Commission may receive such recommendation at any time
prior to its final action on the application; however,
it shall have no authority to extend the review period
defined in Charter Section 197-c, nor shall a review
by a second community board pursuant to this subparagraph
(g) require that the application be reviewed by the
borough board. A Borough President may similarly request
a copy of an application and supporting documents for
any action subject to ULURP which is not located within
the boundaries of the borough.
Return to Contents
Section
2-04
Borough President Actions
General
Provisions
A Borough
President may submit a written recommendation on an
application, or waive the right to submit a recommendation
to the City Planning Commission. Such recommendation
or waiver shall be submitted on the form provided not
later than 30 days after the receipt of a recommendation
or waiver by the City Planning Commission and the Borough
President from an affected community board, by the latest
to respond of all affected community boards or if any
affected community board shall fail to act within the
time period, thirty days after the expiration of the
time allowed for such community board(s) to act. A Borough
President may state that his/her conditional approval
shall be considered a negative recommendation for purposes
of Charter Section 197-d(b)(2) if conditions that he/she
considers essential to minimize land use or environmental
impacts are not adopted by the Commission.
Return to Contents
Section 2-05
Borough Board Actions
(a) General Provisions
Except as provided below in Section 2-05(b), an affected
borough board may conduct a public hearing on an application
and submit a written recommendation on such application
or any community board recommendations or waive the
right to submit a recommendation to the Commission.
Such recommendation or waiver shall be submitted on
the form provided not later than thirty (30) days after
the filing of a recommendation or waiver with the Borough
President by the last to respond of all affected community
boards, or if any affected community board shall fail
to act within the time period, thirty (30) days after
the expiration of the time allowed for such community
boards to act.
(b) Notice of Hearing
Notice of the time, place and subject of a public hearing
to be held by a borough board for all applications subject
to this land use review procedure shall be given as
follows:
- (1) by publication in The City Record for the five
(5) days of publication immediately preceding and
including the date of the public hearing;
(2) by publication in the Comprehensive City Planning
Calendar distributed not less than five (5) calendar
days prior to the date of hearing;
(3) to the applicant ten (10) days prior to the
date of hearing;
(4) for all actions that result in acquisition
of property by the City, other than by lease, whether
by condemnation or otherwise, the applicant shall
notify the owner or owners of the property in question
by mail to the last known address of such owner
or owners, as shown on the City's tax records, not
later than five (5) days prior to the date of hearing.
An affidavit attesting to the mailing and a copy
of the notice shall be submitted to the Department
of City Planning prior to the Commission public
hearing.
(c) Conduct of Hearing
- (1) Location
A borough board public hearing shall be held at a
convenient place of public assembly chosen by the
board and located within the borough.
(2) General Character
Hearings shall be legislative type hearings, without
sworn testimony or strict rules of evidence. Only
members of a borough board or persons expressly
authorized by the chairperson may question a speaker.
All persons appearing and wishing to speak shall
be given the opportunity to speak. A borough board's
hearing shall be conducted in accordance with by-laws
adopted by such borough board.
(3) Quorum
A public hearing shall require a quorum of a majority
of the borough board's members who are entitled
to vote on the application in question. Pursuant
to Charter Section 85, community board members of
the borough board may only vote on issues that directly
affect the community district represented by such
member. The minutes of the meeting at which a public
hearing was held shall record the individual members
present.
(4) Record
The record of a public hearing shall consist of
a list of speakers' names and affiliations if any,
a notation of each speaker's own indication, on
a form provided for that purpose, of support or
opposition to the application and any exhibits or
written statements offered by speakers.
(d) Public Attendance at Meetings
The public may attend all meetings of a borough board
at which an application for an action subject to this
Chapter is to be considered and acted upon in a preliminary
or final manner. A borough board may close a meeting
to the public only as provided in the New York State
Open Meetings Law (Public Officers Law, Sections 100-111).
(e) Recommendations and Waivers
- (1) Quorum
The adoption of a borough board recommendation or
the waiver of a public hearing and recommendation
by a borough board shall require a quorum of a majority
of the borough board's members entitled to vote on
the application in question. Pursuant to Charter Section
85, community board members of the borough board may
only vote on issues that directly affect the community
district represented by such member. The minutes of
a meeting at which a recommendation or waiver was
adopted shall record the individual members present.
(2) Vote
Adoption of a recommendation shall be by a public
roll call vote which results in approval by a majority
of the members entitled to vote on the application
in question present during the presence of a quorum,
at a duly called meeting. Pursuant to Charter Section
85, community board members of the borough board
may only vote on issues that directly affect the
community district represented by such member.
(3) Content
A borough board recommendation shall be in writing
on a form provided by the Department of City Planning
and shall include a description of the application,
the time and place of public hearing, the time and
place of the meeting at which the recommendation
was adopted and the votes of individual borough
board members. The borough board may include in
its submission the reasons for its vote and any
conditions to the vote.
(4) Submission
A borough board shall submit its recommendation
or waiver on the form provided promptly after adoption
to the Commission and to the applicant.
Return to Contents
Section 2-06
City Planning Commission Actions
(a) General Provisions
The Commission shall schedule and hold a public hearing
on all applications made pursuant to Section 197-c of
the Charter not later than sixty (60) calendar days
after the expiration of the time allowed for the filing
of a recommendation or waiver with it by an affected
Borough President. Following its hearing and within
its applicable sixty (60) day period, the Commission
shall approve, approve with modifications or disapprove
such application and file its decision pursuant to Section
2-06(g)(4) below.
(b) Zoning Text Amendments Pursuant to Charter Section
200 or 201
The Commission shall hold a public hearing on an application
for a zoning text amendment pursuant to Charter Section
200 or 201. Such hearing shall be conducted in accordance
with Section 2-06(f) of this Chapter.
(c) Modification of Applications
- (1) The Commission may propose a modification of
an application, including an application for a zoning
text amendment pursuant to Charter Section 200 or
201, which meets the criteria of Section 2-06(g)(5).
Such proposed modification may be based upon a recommendation
from an applicant, community board, borough board,
Borough President, or other source. Where a modification
is proposed, the Commission shall hold a public hearing
on the application as referred to a community board
or boards and on the proposed modification. Promptly
upon its decision to schedule a proposed modification
for public hearing, the Commission shall refer the
proposed modification to the community board or community
boards, borough board, and the affected Borough President
to which the application was earlier referred, for
such action as such board or boards or Borough President
deem appropriate.
(2) The above provision shall not limit the Commission's
ability to make a minor modification of an application.
(d) Notice of Hearing
Notice of the time, place and subject of a public hearing
by the Commission for all applications subject to this
uniform land use review procedure, including applications
for zoning text amendments pursuant to Charter Sections
200 and 201, and modified applications pursuant to Section
2-06(c)(1) of these rules shall be given as follows:
- (1) by publication in The City Record beginning
not less than ten (10) calendar days immediately prior
to the date of hearing and continuing until the day
prior to the hearing;
(2) by publication in the Comprehensive City Planning
Calendar distributed not less than ten (10) calendar
days prior to the date of hearing;
(3) by mailing notice to the concerned community
board or community boards, Borough President and
borough board and to the applicant not less than
ten (10) calendar days prior to the date
of hearing;
(4) for all actions that result in acquisition
of property by the City, other than by lease, whether
by condemnation or otherwise, the applicant shall
notify the owner or owners of the property in question
by mail to the last known address of such owner
or owners, as shown on the City's tax records, not
later than five (5) days prior to the date of hearing.
An affidavit attesting to the mailing and a copy
of the notice shall be submitted to the Department
of City Planning prior to the Commission's public
hearing.
(e) Posting of Notices for Hearings on the Disposition
of Occupied City-Owned Residential Buildings
For any application involving disposition of a city-owned
residential building, which at the time of application
is occupied by tenants, the applicant shall post notice
of the Commission public hearing in the manner discussed
below:
- (1) at least eight (8) days prior to the Commission
public hearing a notice, on a form provided by the
Department of City Planning, shall be posted by the
applicant in the building subject to the application,
informing the tenants of the proposed action and the
right of the public to appear at the Commission hearing
and testify; and
(2) such notice shall be posted in a common public
space on the ground floor of the building accessible
to all building tenants; and
(3) the applicant will file with the Department
of City Planning an affidavit attesting to the posting
of the notice and date and specific location where
the notice was posted. The affidavit shall be signed
by the person posting the notice.
(f) Conduct of Hearing
- (1) Location
Commission public hearings shall be held in City Hall,
unless otherwise ordered by the Chair.
(2) General Character
Hearings shall be legislative type hearings, without
sworn testimony, strict rules of evidence or opportunity
for speakers to cross-examine one another. Only
members of the Commission may question a speaker
(except at a joint Commission/CEQR hearing at which
officers of the lead agency and the Office of Environmental
Coordination may also ask questions). All persons
filling out an appearance form shall be given the
opportunity to speak. The chairperson may prescribe
a uniform limited time for each speaker.
(3) Quorum
A public hearing shall require a quorum of a majority
of the members of the Commission.
(g) Commission Actions
- (1) Scope of Action
The Commission shall approve, approve with modifications,
or disapprove each application.
(2) Vote
The Commission shall act by the affirmative roll
call vote of at least seven (7) members at a public
meeting, except that pursuant to Charter Section
197-c, subsection h, approval or approval with modifications
of an application relating to a new city facility
for site selection for capital projects, the sale,
lease (other than the lease of office space), exchange
or other disposition of the real property of the
City, including sale or lease of land under water
pursuant to Section 1602, Chapter 15 of the Charter
or other applicable provisions of law; or (ii) acquisition
by the City of real property (other than the acquisition
of office space for office use or a building for
office use), including acquisition by purchase,
condemnation, exchange or lease and including the
acquisition of land under water pursuant to Section
1602, Chapter 15 and other applicable provisions
of law, shall require the affirmative vote of nine
members of the Commission if the affected Borough
President:
- (i) recommends against approval of such application
pursuant to subsection g of Charter Section 197-c;
and
(ii) has proposed an alternative location in
the same borough for such new facility pursuant
to subsection f or g of Charter Section 204.
(3) Commission Report
A report of the Commission shall be written with
respect to each application subject to this procedure
on which a vote has been taken. The report shall
include:
- (i) a description of the certified application;
(ii) a summary of testimony at all Commission
public hearings held on the application;
(iii) a copy of all community board, Borough
President or borough board written recommendations
concerning the application;
(iv) the considerations leading to the Commission's
action, including reasons for approval and any
modification of the application and reasons
for rejection by the Commission of community
board, Borough President or borough board recommendations;
(v) any findings and consideration with respect
to environmental impacts as required by the
State Environmental Quality Review Act and regulations;
(vi) the action of the Commission, including
any modification of the application;
(vii) the votes of individual Commissioners;
(viii) any dissenting opinions.
(4) Filing of Decisions of the Commission
The City Planning Commission shall file copies of
its decision with the affected Borough President
and the City Council. All filings with the Council
shall include all associated community board, Borough
President or borough board recommendations. The
Commission shall mail a copy of any decision to
the applicant and to the community board or community
boards, and borough board to which the application
was referred. Filings with the City Council and
Borough President shall be completed within the
Commission's sixty (60) day time period.
(5) Review of Council Modifications
The Commission shall receive from the City Council
during its fifty (50) day period for review copies
of the text of any proposed modification to the
Commission's prior approval of an action. Upon receipt
the Commission shall have fifteen (15) days to review
and to determine:
- (i) in consultation with the Office of Environmental
Coordination and lead agency as necessary, whether
the modification may result in any significant
adverse environmental effects which were not previously
addressed; and
(ii) whether the modification requires the
initiation of a new application. In making this
determination, the Commission shall consider
whether the proposed modification:
- (A) increases the height, bulk, envelope
or floor area of any building or buildings,
decreases open space, or alters conditions
or major elements of a site plan in actions
(such as a zoning special permit) which require
the approval or limitation of these elements;
(B) increases the lot size or geographic
area to be covered by the action;
(C) makes necessary additional waivers,
permits, approvals, authorizations or certifications
under sections of the Zoning Resolution,
or otherlaws or regulations not previously
acted upon in the application; or
(D) adds new regulations or deletes or
reduces existing regulations or zoning restrictions
that were not part of the subject matter
of the earlier hearings at the community
board or Commission.
If the Commission has determined that no additional
review is necessary and that, either, no significant
impacts will result, or that possible environmental
impacts can be addressed in the time remaining for
Council review, it shall so report to the Council.
The Commission may also transmit any comment or
recommendation with respect to the substance of
the modification, and any proposed further amendment
to the modification which it deems as necessary
or appropriate.
If the Commission has determined that the proposed
modification will require a supplementary environmental
review or the initiation of a new application, it
shall so advise the Council in a written statement
which includes the reasons for its determination.
(6) Zoning Resolution Text Amendments Pursuant
to Charter Sections 200 and 201
Applications for amendments to the text of the Zoning
Resolution pursuant to Charter Sections 200 or 201
shall be subject to the provisions of this paragraph
(g).
Return to Contents
Section 2-07
Borough President Initiation of City Council Review
General Provisions
In the case of an application not subject to mandatory
council review pursuant to Charter Section 197d.b(1),
which receives an unfavorable recommendation by both
an affected community board and affected Borough President
and either a favorable vote or favorable vote with modification
by the Commission, such application shall be subject
to Council review and action if the affected Borough
President shall file, within five (5) days of receiving
the report of the Commission, a written objection to
the Commission's vote with the Council and the Commission.
Return to Contents
Section 2-08
Board of Standards and Appeals
(a) Variance and Special Permit Applications
- (1) Filing and Referral
An application for a variance of the Zoning Resolution
or for a special permit which under the Zoning Reslution
is within the jurisdiction of the Board of Standards
and Appeals shall be filed with the Board of Standards
and Appeals. In accordance with the Rules of Procedure,
the Board of Standards and Appeals shall refer the
application to the community board within which district
the site is located or, in the case of an application
involving a site located within two or more community
districts, to the community boards for such districts
and to the borough board for the appropriate borough.
The Commission, as a party to a proceeding to vary
the Zoning Resolution, shall be served with all papers
in such proceeding by the Board of Standards and Appeals.
Upon the filing with a community board, or with two
or more community boards and a borough board, of an
application for a variance or a special permit under
the jurisdiction of the Board of Standards and Appeals,
such community board or community boards and borough
board shall review such application pursuant to Section
2-03 and Section 2-05 herein.
(2) Community Board Waiver or Recommendation
In the case of an application to vary the Zoning
Resolution or for a special permit under the jurisdiction
of the Board of Standards and Appeals, a community
board may waive in writing the holding of a public
hearing and the adoption of a written recommendation.
The community board recommendation or waiver shall
be referred to the Board of Standards and Appeals,
the Commission and, in the case of an application
which was referred to two or more community boards
and a borough board, to such borough board. Upon
action by or by expiration of time to act on an
application for each concerned community board and
when appropriate, action by or expiration of time
to act for an affected borough board, the Board
of Standards and Appeals may proceed to review the
application and to make a decision.
(3) Borough Board Review
In the case of an application to vary the Zoning
Resolution or for a special permit pursuant to the
Zoning Resolution under the jurisdiction of the
Board of Standards and Appeals, a borough board
may waive in writing the holding of a public hearing
and the adoption of a written recommendation. After
action by or expiration of time to act for all affected
community boards if subject to borough board review,
and upon receipt of a waiver or recommendation from
a borough board or expiration of the thirty (30)
day time limit for borough board review, the Board
of Standards and Appeals may proceed to review the
application and to make a decision.
(b) City Planning Commission Review
- (1) Appearance in Variance Proceeding
In the case of an application to the Board of Standards
and Appeals for a variance of the Zoning Resolution,
the Commission may appear before the Board of Standards
and Appeals and be heard as a party in the variance
proceeding if, in the Commission's judgment, granting
the relief requested in such application would violate
the requirements of the Zoning Resolution which relate
to the granting of variances.
Return to Contents
Section 2-09
Administrative Provisions
- (a) Referrals and Filings
Unless otherwise provided herein, any referrals
and filings required under these regulations shall
be made by hand delivery or first class mail as
follows:
- (1) if to the Commission, then to the Land Use
Review Division, Department of City Planning,
Room 2E, 22 Reade Street, New York, New York 10007-1216;
(2) if to a community board, then to the chairperson
of such community board at its office or, if
there is no office or if no office address is
provided to the Land Use Review Division, Department
of City Planning, then to such board c/o the
Borough President of the borough in question;
(3) if to a borough board, then to such borough
board c/o the Borough President of the borough
in question;
(4) if to the Board of Standards and Appeals,
then to the Secretary of the Board of Standards
and Appeals, 40 Rector Street, 9th Floor, New
York, New York 10006;
(5) if to the City Council, then to the Speaker,
City Council, City Hall, New York, New York
10007.
(b) Time Provisions
- (1) Expiration Dates
Where the expiration of a time period set forth
herein falls on a Saturday, Sunday or legal holiday,
the expiration date shall be deemed extended until
the next working day.
(2) Determination
All time periods specified in these regulations
shall be calendar days. The commencement and
end of time periods shall be recorded and officially
calculated and determined by the Director of
City Planning.
(c) Transition
Any application which has been voted upon by the
community board and borough board, if required,
and the recommendation concerning which has been
received by the Department of City Planning prior
to May 2, 1990 shall not be subject to these provisions,
but shall rather be subject to the procedures in
effect prior to May 2, 1990, which procedures shall
remain in effect for that category of actions until
June 30, 1990. In accordance with Section 1152d(6)(b)of
the Charter the time period for receiving any application
referred to a Borough President in the month of
May, 1990 shall be extended until June 30, 1990,
at which time it shall be transmitted to the Commission.
Return to Contents
Section 2-10
Interpretation and Amendment of Regulations
(a) Interpretation
These regulations shall be interpreted in accordance
with the ordinary meaning of the language herein, and
any ambiguities arising herefrom shall be referred to
and definitively interpreted in written opinions by
the Director of City Planning.
(b) Amendments
The Commission from time to time may amend these regulations,
in accordance with the City Administrative Procedure
Act, Chapter 45 of the Charter.
(c) Commission Rules of Procedure
These regulations shall supplement and, where there
is inconsistency, supersede the Rules of Procedure of
the City Planning Commission.
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