Section 191.
§ 191. Department and director of city planning. a. There shall be a
department of city planning, the head of which shall be the director of
city planning. The director of city planning shall be the chair and a
member of the city planning commission and shall serve at the pleasure
of the mayor.
b. The director of city planning shall:
1. Advise and assist the mayor, the borough presidents and the council
in regard to the physical planning and public improvement aspects of all
matters related to the development of the city.
2. Provide staff assistance to the city planning commission in all
matters under its jurisdiction.
3. Be the custodian of the city map and record thereon all changes
legally authorized.
4. Conduct continuous studies and collect statistical and other data
to serve as the basis for planning recommendations.
5. Provide community boards with such staff assistance and other
professional and technical assistance as may be necessary to permit such
boards to perform their planning duties and responsibilities under this
chapter.
6. Assist the mayor in the preparation of strategic plans, including
the preparation of the report provided for in section sixteen concerning
the social, economic and environmental health of the city, the strategic
policy statement provided for in section seventeen and the ten-year
capital strategy provided for in section two hundred fifteen.
7. Appoint a deputy executive director for strategic planning.
8. Make a complete transcript of the public meetings and hearings of
the commission available for public inspection free of charge within
sixty days after any such meeting or hearing. The director shall also
provide a copy of any requested pages of such transcript at a reasonable
fee to cover the costs of copying and, where relevant, mailing.
9. Perform such other functions as are assigned to him or her by the
mayor or other provisions of law.
c. The department shall employ such planning experts, engineers,
architects and other officers and employees as may be required to
perform its duties, within the appropriation therefor.
Section 192.
§ 192. City planning commission. a. There shall be a city planning
commission to consist of the chair and twelve other members. The mayor
shall appoint the chair and six other members of the commission, the
public advocate shall appoint one member, and each borough president
shall appoint one member. Members shall be chosen for their
independence, integrity and civic commitment. Appointments of all
members, except for the chair, shall be subject to the advice and
consent of the council. For such appointments by officials other than
the mayor, the procedure for obtaining the advice and consent of the
council shall be the same as the procedure provided for in section
thirty-one for appointments by the mayor. Except as otherwise provided
in section one hundred ninety-one, no member shall hold any other city
office. Members other than the chair shall be appointed for a term of
five years; provided, however, that of the members other than the chair,
one member appointed by the mayor and one member appointed by a borough
president shall serve for terms to expire on the thirtieth day of June,
nineteen hundred ninety-one; one member appointed by the mayor and one
member appointed by a borough president shall serve for terms to expire
on the thirtieth day of June, nineteen hundred ninety-two; one member
appointed by the mayor and one member appointed by a borough president
shall serve for terms to expire on the thirtieth day of June, nineteen
hundred ninety-three; one member appointed by the mayor and one member
appointed by a borough president shall serve for terms to expire on the
thirtieth day of June, nineteen hundred ninety-four; and two members
appointed by the mayor, the member appointed by the public advocate and
one member appointed by a borough president shall serve for terms to
expire on the thirtieth day of June, nineteen hundred ninety-five. The
borough presidents shall determine by lot the length of the term to be
served by the member first appointed by each borough president. The
appointing officials shall make their first appointments to the
commission on or before the first day of March, nineteen hundred ninety.
The commission members so appointed shall assume office on the first day
of July, nineteen hundred ninety. Members of the commission shall
serve until their successors have been confirmed. Any vacancy occurring
other than by expiration of a term shall be filled by the official who
appointed the member in the same manner as the original appointment. A
person so appointed shall serve for the unexpired portion of the term of
the member succeeded. Terms shall begin on the next date after the
expiration date of the preceding term.
b. Members, except for the chair, shall not be considered regular
employees of the city for purposes of chapter sixty-eight. The agency
served by the members of the commission shall for purposes of chapter
sixty-eight be deemed to be both the commission and the department of
city planning. No member, while serving as a member, shall appear
directly or indirectly before the department, the commission, or any
other city agency for which the conflicts of interest board shall, by
rule, determine such appearance creates a conflict of interest with the
duties and responsibilities of the member. No firm in which a member
has an interest may appear directly or indirectly before the department
or commission. For purposes of this section, the terms "agency,"
"appear," "firm," and "interest" shall be defined as provided in chapter
sixty-eight.
c. One of the members other than the chair shall be designated by the
mayor as vice-chair and shall serve as vice-chair at the pleasure of the
mayor. The vice-chair shall possess the powers and perform the duties
of the chair when the chair is absent or while a vacancy exists in the
office of the chair, and shall at such times serve as director of city
planning.
d. The city planning commission shall be responsible for the conduct
of planning relating to the orderly growth, improvement and future
development of the city, including adequate and appropriate resources
for the housing, business, industry, transportation, distribution,
recreation, culture, comfort, convenience, health and welfare of its
population.
e. The city planning commission shall oversee implementation of laws
that require environmental reviews of actions taken by the city. The
commission shall establish by rule procedures for environmental reviews
of proposed actions by the city where such reviews are required by law.
Such rules shall include procedures for (1) selection of the city agency
or agencies that will be responsible for determining whether an
environmental impact statement is required in connection with a proposed
action and for preparation and filing of any such statement required by
law, (2) participation by the city in environmental reviews involving
agencies other than city agencies and (3) coordination of environmental
review procedures with the land use review procedures set forth in this
charter. The director of city planning and the commissioner of the
department of environmental protection shall assign from the staffs of
such departments an office of environmental coordination, which shall
provide assistance to all city agencies in fulfilling their
environmental review responsibilities.
f. Not later than the thirty-first day of December, nineteen hundred
ninety-two and every four years thereafter, the commission shall file
with the mayor, the council, the public advocate, the borough
presidents, and the community boards, a zoning and planning report. The
report shall include (1) a statement of the planning policy of the
commission, which policy shall take into consideration, among other
things, the ten-year capital strategy, the four-year capital program,
the report on the social, economic and environmental health of the city
issued pursuant to section sixteen, the strategic policy statements
provided for in section seventeen and plans approved pursuant to section
one hundred ninety-seven-a, (2) a summary of the significant plans and
studies completed or undertaken by the department of city planning in
the preceding four years, (3) an analysis of those portions of the
zoning resolution that merit reconsideration in light of the planning
policy of the commission and (4) proposals for implementing the planning
policy of the commission whether by amendment of the zoning resolution,
development of plans or otherwise.
Section 193.
§ 193. Removal of commission members. A member of the commission other
than the chair may be removed by the appointing official only upon proof
of official misconduct, neglect of official duties, conduct in any
manner connected with his or her official duties which tends to
discredit his or her office, or mental or physical inability to perform
his or her duties. Before removal, any such member shall receive a copy
of the charges and shall be entitled to a hearing on a record by the
office of administrative trials and hearings, which shall make final
findings of fact, recommend a decision and submit such findings and
recommended decision to the appointing official for final action.
Section 195.
§ 195. Acquisitions of office space. Acquisitions by the city of
office space or existing buildings for office use, whether by purchase,
condemnation, exchange or lease, shall be subject to the following
review and approval procedure:
a. The agency proposing any such acquisition shall file with the
department of city planning a notice of intent to acquire. The
department of city planning shall send such notice to the community
board in which the proposed acquisition is located and to all borough
presidents.
b. Within thirty days of the filing of such notice, the city planning
commission shall hold a public hearing on such acquisition and shall
approve or disapprove such acquisition. Notice of such hearing shall be
published in the City Record not less than ten days in advance of such
hearing.
c. In reviewing any such acquisition, the commission shall apply the
criteria for the location of city facilities provided for in section two
hundred and three.
d. Within the thirty days provided for commission action pursuant to
subdivision b of this section, the commission shall file any approval of
such an acquisition with the council. Within twenty days of such
filing, the council may by two-thirds vote disapprove such acquisition.
Section 196.
§ 196. Affected boards and borough presidents. For purposes of this
chapter: the term "affected community board" shall mean the community
board for a community district in which land included in a plan or an
application pursuant to this chapter is located; the term "affected
borough president" shall mean the president of a borough in which land
included in such a plan or an application is located; and a borough
board shall be deemed "affected" if such a plan or application includes
land within two or more community districts within the borough
represented by such borough board.
Section 197-a.
§ 197-a. Plans. a. Plans for the development, growth, and improvement
of the city and of its boroughs and community districts may be proposed
by (1) the mayor, (2) the city planning commission, (3) the department
of city planning, (4) a borough president with respect to land located
within his or her borough, (5) a borough board with respect to land
located within its borough, or (6) a community board with respect to
land located within its community district. A community board, borough
board or borough president that proposes any such plan shall submit the
plan together with a written recommendation to the city planning
commission for determinations pursuant to subdivision b of this section.
Any such submission may be made by a community board, borough board or
borough president only after the board or borough president proposing
such a plan has held a public hearing on the plan.
b. The city planning commission shall adopt rules establishing minimum
standards for the form and content of plans pursuant to this section
within a reasonable time period after the first day of July, nineteen
hundred ninety. Upon receipt of a plan proposed pursuant to this section
by a community board, borough board or borough president, the city
planning commission shall, within a reasonable time period, determine
whether such plan satisfies the standards established in such rules and
is consistent with sound planning policy. If the commission makes such
determinations with respect to a plan submitted by a community board, it
shall prepare or cause to be prepared any environmental analysis of such
plan required by law to enable the city planning commission and the
council to act on the plan pursuant to subdivision d of this section. If
the city planning commission makes the determinations provided for in
this subdivision with respect to a plan, such plan shall be referred to
the department of city planning for circulation and review pursuant to
subdivisions c and d of this section.
c. All plans proposed pursuant to this section shall be referred to
the department of city planning for circulation by the department to all
affected community boards, all affected borough boards and all affected
borough presidents for review and written recommendation, except that
any such plan need not be circulated to the agency or official that
proposed such plan. All affected community boards and borough boards to
which such a plan is referred shall hold a public hearing on any such
plan, except that in the case of a plan that includes an entire borough
or land in more than one borough, only one public hearing need be held
in each affected borough. The city planning commission shall establish
by rule the procedures and schedule for review of such plans, consistent
with the provisions of this section. A community board or borough board
may review a plan which does not involve land so located as to require
its review if in its judgment the plan significantly affects the welfare
of the district or borough served by such board. In such a case, the
plan and any written recommendations relative thereto shall be made
available to such board on request. Such board may hold its own public
hearing on such plan if it desires and may submit its own written
recommendations in regard thereto to the city planning commission.
d. Within a reasonable time period following review and recommendation
of a plan pursuant to subdivision c of this section, the city planning
commission shall (1) review such plan, (2) hold a public hearing on such
plan, and (3) by resolution approve, approve with modifications or
disapprove such plan. If the commission has approved a plan or approved
a plan with modifications, such plan shall be subject to review and
action by the council pursuant to section one hundred ninety-seven-d.
The council may by a two-thirds vote approve a plan which the city
planning commission disapproved or on which the commission has failed to
act if the mayor so requests. Upon the filing by the mayor of such a
request with the commission and the council, the commission shall within
five days file with the council a copy of its decision together with a
copy of the plan. Copies of approved plans shall be filed with the city
clerk, the department of city planning, the affected borough presidents,
the affected borough boards and the affected community boards.
Section 197-b.
§ 197-b. Notification of plans and proposals. a. Advance notice of
all preliminary and final plans of public agencies and public benefit
corporations or of private agencies, entities or developers filed with
the city that relate to the use, development or improvement of land
subject to city regulation shall be given to the affected community
board or boards and the office of the affected borough president,
provided that exceptions may be made in matters of no appreciable public
concern by agency rule.
b. Copies of (1) all requests for proposals and other solicitations of
proposals issued by or on behalf of the city, whether or not issued by
an agency, a local development corporation or other entity, and (2) all
letters of intent executed by or on behalf of the city, whether or not
executed by an agency, a local development corporation or other entity,
that relate to the private use or the disposition of city-owned land,
shall be conveyed to the community boards where such land is located and
the office of the borough president where such land is located promptly
after issuance or execution.
Section 197-c.
§ 197-c. Uniform land use review procedure. a. Except as otherwise
provided in this charter, applications by any person or agency for
changes, approvals, contracts, consents, permits or authorization
thereof, respecting the use, development or improvement of real property
subject to city regulation shall be reviewed pursuant to a uniform
review procedure in the following categories:
(1) Changes in the city map pursuant to section one hundred
ninety-eight and section one hundred ninety-nine;
(2) Maps of subdivisions or plattings of land into streets, avenues
or public places pursuant to section two hundred two;
(3) Designations of zoning districts under the zoning resolution,
including conversion from one land use to another land use, pursuant to
sections two hundred and two hundred one;
(4) Special permits within the jurisdiction of the city planning
commission under the zoning resolution, pursuant to sections two hundred
and two hundred one;
(5) Site selection for capital projects pursuant to section two
hundred eighteen;
(6) Revocable consents pursuant to section three hundred sixty-four,
requests for proposals and other solicitations for franchises pursuant
to section three hundred sixty-three, and major concessions as defined
pursuant to section three hundred seventy-four;
(7) Improvements in real property the costs of which are payable
other than by the city pursuant to section two hundred twenty;
(8) Housing and urban renewal plans and projects pursuant to city,
state and federal housing laws;
(9) Sanitary or waterfront land-fills pursuant to applicable charter
provisions or other provisions of law;
(10) Sale, lease (other than the lease of office space), exchange, or
other disposition of the real property of the city, including the sale
or lease of land under water pursuant to section sixteen hundred two,
chapter fifteen, and other applicable provisions of law;
(11) 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
sixteen hundred two, chapter fifteen, and other applicable provisions of
law; and
(12) Such other matters involving the use, development or improvement
of property as are proposed by the city planning commission and enacted
by the council pursuant to local law.
b. The following documents shall be filed with the department of city
planning: (1) applications under this section, (2) any amendments
thereto that are made prior to approval of such applications pursuant to
this chapter, (3) any written information submitted by an applicant
for purposes of determining whether an environmental impact statement
will be required by law, and (4) documents or records intended to
define or substantially redefine the overall scope of issues to be
addressed in any draft environmental impact statement required by law.
The department of city planning shall forward a copy of any materials it
receives pursuant to this subdivision (whether or not such materials
have been certified as complete) within five days to each affected
borough president, community board or borough board.
c. The department of city planning shall be responsible for certifying
that applications pursuant to subdivision a of this section are complete
and ready to proceed through the uniform land use review procedure
provided for in this section. 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 application 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 commission shall be sufficient to certify the
application.
d. If a meeting involving a city agency 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.
e. Each affected community board shall, not later than sixty days
after receipt of an application that has been certified pursuant to
subdivision c of this section,
(1) notify the public of the application in a manner specified by the
city planning commission pursuant to subdivision i of this section, and
(2) either (a) conduct a public hearing thereon and prepare and submit
a written recommendation directly to the city planning commission and to
the affected borough president or (b) where authorized by this charter,
submit a written waiver of the right to conduct a public hearing and to
submit such written recommendations to the commission and the affected
borough president.
f. A copy of a recommendation or waiver by a community board pursuant
to subdivision e of this section that involves land located within two
or more community districts in a borough shall also be filed with the
affected borough board within the same time period as specified in
subdivision e. Not later than thirty days after the filing of a
recommendation or waiver with the borough board by all affected
community boards, or, if any affected community board shall fail to act,
thirty days after the expiration of the time allowed for such community
board to act, the borough board may hold a public hearing on the
application and any such recommendations and submit a written
recommendation or waiver thereof to the city planning commission.
g. Not later than thirty days after the filing of a recommendation or
waiver with the borough president by all affected community boards, or,
if any affected community board shall fail to act, thirty days after the
expiration of the time allowed for such community board to act, the
borough president shall submit a written recommendation or waiver
thereof to the city planning commission.
h. Not later than sixty days after expiration of time allowed for the
filing of a recommendation or waiver with the city planning commission
by a borough president, the commission shall approve, approve with
modifications, or disapprove the application. Any such approval or
approval with modifications of the commission shall require the
affirmative vote of at least seven of the members, except that the
affirmative vote of nine members shall be required to approve or approve
with modifications an application pursuant to paragraph five, ten or
eleven of subdivision a of this section relating to a new city facility
if the affected borough president recommends against approval of such
application pursuant to subdivision g of this section and has proposed
an alternative location in the same borough for such new city facility
pursuant to subdivision f or g of section two hundred four. The
commission shall conduct a public hearing on all applications that are
subject to review and approval by the commission pursuant to this
section. Prior to taking any action pursuant to this subdivision on a
matter involving the siting of a capital project, the sale, lease,
exchange or other disposition or acquisition of real property, a request
for a proposal or other solicitation for a franchise or a revocable
consent, the city planning commission may obtain a report from the
office of management and budget or the department of citywide
administrative services, as appropriate. Any action of the city
planning commission which modifies or disapproves a written
recommendation of the community board, borough president or borough
board shall be accompanied by a written explanation of its reason for
such action.
i. The city planning commission shall establish rules providing (1)
guidelines, minimum standards, and procedural requirements for community
boards, borough presidents, borough boards and the commission in the
exercise of their duties and responsibilities pursuant to this section,
(2) minimum standards for certification of applications pursuant to
subdivision c of this section, and (3) specific time periods for review
of applications pursuant to this section prior to certification.
j. If a community board, borough president or borough board fails or
waives its right to act within the time limits for review pursuant to
subdivisions e, f and g of this section, the application shall be
referred to the next level of review. If the city planning commission
fails to act on an application within the time limit specified in
subdivision h of this section, the application shall be deemed to have
been denied unless the application (i) is pursuant to paragraph three or
four of subdivision a of this section, in which case the application may
be forwarded to the council for review pursuant to the provisions of
subdivision b of section two hundred, if applicable, or (ii) is pursuant
to paragraph eight of subdivision a of this section, in which case the
application shall be referred to the council for review and action as
provided by state law.
k. Notice of any hearing on an application by the city planning
commission shall be published in the City Record at least ten days
immediately prior to the date of the hearing, and a copy of the notice
shall be mailed to all community boards or borough boards affected by
the application.
l. The commission shall establish by rule procedures for advance
posting of notices of commission hearings on applications. Such notices
shall be posted at the location of the land involved in such manner and
with respect to such types of applications as the commission deems
appropriate. Failure to post any such notice shall not affect or impair
the validity of any decision of the city planning commission, the
council or other agency or official pursuant to this chapter.
m. A community or borough board may review an application which is
subject to the uniform land use review procedure pursuant to this
section but does not involve land so located as to require reference to
such board for review, if in the board's judgment the application might
significantly affect the welfare of the community district or borough
served by such board. In such a case the application and the related
materials submitted to the affected board or boards by the city planning
department shall be submitted also to such board upon the request of
such board, and such board may hold its own public hearing thereon if it
so desires and may submit its own written recommendations in regard
thereto to the city planning commission for consideration at any time
before the city planning commission takes action thereon.
Section 197-d.
§ 197-d. Council Review. a. The city planning commission shall file
with the council and with the affected borough president a copy of its
decisions to approve or approve with modifications (1) all matters
described in subdivision a of section one hundred ninety-seven-c, (2)
plans pursuant to section one hundred ninety-seven-a, and (3) changes in
the text of the zoning resolution pursuant to sections two hundred and
two hundred one. Any such filing of a decision pursuant to section one
hundred ninety-seven-c shall be completed prior to the expiration of the
sixty-day period for action by the commission. Any such filing with the
council shall include copies of all written recommendations of community
boards, borough boards and borough presidents with respect to the
decision being filed.
b. The following decisions filed with the council pursuant to
subdivision a of this section, shall be subject to review and action by
the council:
(1) any decision of the city planning commission to approve or approve
with modifications a matter described in paragraph three or eight of
subdivision a of section one hundred ninety-seven-c, a disposition of
residential real property (as defined in this paragraph) pursuant to
paragraph ten of subdivision a of section one hundred ninety-seven-c
(except for dispositions to companies that have been organized
exclusively to develop housing projects for persons of low income), a
plan pursuant to section one hundred ninety-seven-a, or a change in the
text of the zoning resolution pursuant to sections two hundred or two
hundred one. For purposes of this section, residential real property
shall mean real property improved by structures, whether or not
occupied, built for or converted to a use which is primarily
residential, but shall not include property subsequently converted to
non-residential use; (2) any other decision of the city planning
commission to approve or approve with modifications a matter described
in subdivision a of section one hundred ninety-seven-c, if (i) both an
affected community board (after holding a public hearing) and the
affected borough president, within the time periods allotted for their
reviews pursuant to section one hundred ninety-seven-c, have recommended
in writing against approval and (ii) the affected borough president,
within five days of receiving a copy of the decision of the commission,
files with the commission and the council a written objection to the
decision; and
(3) any other decision of the city planning commission to approve or
approve with modifications a matter described in subdivision a of
section one hundred ninety-seven-c, if within twenty days of the filing
of such decision pursuant to subdivision a of this section, the council
resolves by the majority vote of all the council members to review the
decision of the commission.
c. Within fifty days of the filing with the council pursuant to
subdivision a of this section of any decision of the city planning
commission which pursuant to subdivision b of this section is subject to
review by the council, the council shall hold a public hearing, after
giving public notice not less than five days in advance of such hearing,
and the council, within such fifty days, shall take final action on the
decision. The affirmative vote of a majority of all the council members
shall be required to approve, approve with modifications or disapprove
such a decision. If, within the time period provided for in this
subdivision and, if applicable, in subdivision d of this section, the
council fails to act or fails to act by the required vote on a decision
of the city planning commission subject to council review pursuant to
subdivision b of this section, the council shall be deemed to have
approved the decision of the commission.
d. The council shall not approve with modifications a commission
decision if the commission has determined pursuant to this subdivision
that additional review of the modifications is required. Prior to
approving a decision of the commission with modifications, the council
shall file the text of any such proposed modifications with the
commission. Within fifteen days of such filing, the commission shall
file with the council a written statement indicating whether such
proposed modifications are of such significance that additional review
of environmental issues or additional review pursuant to section one
hundred ninety-seven-c is required. If no additional review is required,
the commission may include in such statement its advisory recommendation
concerning the proposed modifications, together with any proposed
amendments to the proposed modifications. The council may thereafter
approve such proposed modifications, with or without the amendments
proposed by the commission. The time period for council action shall be
tolled during such fifteen-day period; provided, however, that proposed
modifications may be referred to the commission pursuant to this
subdivision only once with respect to each application or group of
related applications under review by the council.
e. All actions of the council pursuant to this section shall be filed
by the council with the mayor prior to the expiration of the time period
for council action under subdivisions c and, if applicable, d of this
section. Actions of the council pursuant to this section shall be final
unless the mayor within five days of receiving a filing with respect to
such an action of the council files with the council a written
disapproval of the action. Any mayoral disapproval under this
subdivision shall be subject to override by a two-thirds vote of all the
council members within ten days of such filing by the mayor.
f. The mayor shall have the right to file a written disapproval of any
approval deemed to have occurred pursuant to subdivision c of this
section as a result of a failure of the council to act or to act by the
required vote. Any such written disapproval must be filed within five
days of the expiration of the time period for action by the council
under subdivisions c and, if applicable, d of this section. Any mayoral
disapproval under this subdivision shall be subject to override by a
two-thirds vote of all the council members within ten days of such
filing by the mayor.
g. If a decision of the commission approving an application is not
subject to council review pursuant to paragraph one of subdivision b of
this section or is not made subject to council review pursuant to
paragraphs two or three of subdivision b of this section, the mayor may
nonetheless file with the council a written objection to such decision
of the commission within five days of the expiration of time for the
council to act under paragraph three of subdivision b of this section.
Any mayoral objection under this subdivision shall be subject to
override by a two-thirds vote of all the council members within ten days
of such filing by the mayor.
Section 198.
§ 198. City Map. a. The city map is hereby continued.
b. The director of city planning shall be the custodian of the city
map, and it shall be his or her duty to complete and maintain the same
and to register thereon all changes resulting from action authorized by
law.
c. The city map shall be on file in the office of the department of
city planning, and certified copies thereof and of all changes thereto
shall be filed in the offices of the corporation counsel, of the city
clerk and of the borough president of the borough in which the land
shown on the map is located and in the office in which conveyances of
real estate are required to be recorded in the county in which the land
shown on the map is located.
Section 199.
§ 199. Projects and changes in city map. a. No improvement or
project affecting the city map and no addition to or change in the city
map shall be authorized otherwise than as provided in this charter.
b. The review of any proposed addition to or change in the city map
initiated by or referred to the city planning commission shall be made
pursuant to section one hundred ninety-seven-c and section one hundred
ninety-seven-d.
Section 200.
§ 200. Zoning resolution. a. Except as provided in subdivision b, any
existing resolution or regulation of the council, the board of estimate
or of the city planning commission to regulate and limit the height and
bulk of buildings, to regulate and determine the area of yards, courts
and other open spaces, to regulate density of population or to regulate
and restrict the locations of trades and industries and location of
buildings designed for specific uses or creating districts for any such
purpose, including any such regulation which provides that the board of
standards and appeals may determine and vary the application of such
resolutions or regulations in harmony with their general purpose and
intent and in accordance with general or specific rules contained in
such regulations, may be amended, repealed or added to only in the
following manner:
1. The city planning commission may upon its own initiative at any
time or upon application as provided in section two hundred one, adopt a
resolution to amend the text of the zoning resolution subject to the
limitations provided by law. Before adopting any such resolution, the
commission shall notify any community board or borough board affected by
the resolution and shall afford persons interested an opportunity to be
heard at a time and place to be specified in a notice of hearing to be
published in the City Record for the ten days of publication of the City
Record immediately prior thereto setting forth in general terms the
nature of the proposed resolution and a statement of the place at which
the entire resolution may be examined.
2. Any resolution by the commission approving a change in the text of
the zoning resolution shall be subject to review and approval by the
council pursuant to section one hundred ninety-seven-d. Any resolution
for a zoning text change which the mayor shall have certified to the
council as necessary, and which has been disapproved by the commission,
may be adopted by the council by a two-thirds vote and, after notice to
the parties affected, a public hearing. The council shall act upon such
resolution within fifty days of the filing of the certification of the
mayor with the council, and such resolution shall become effective upon
approval by the council.
3. In case a protest against such a resolution approved by the city
planning commission shall have been presented to the city clerk within
thirty days from the date of the filing of such resolution with the
council, duly signed and acknowledged by the owners of twenty per cent
or more of the area of:
(1) the land included in changes proposed in such proposed resolution,
or
(2) the land immediately adjacent extending one hundred feet
therefrom, or
(3) the land, if any, directly opposite thereto extending one hundred
feet from the street frontage of such opposite land, such resolution
shall not be effective after the filing of such protest unless approved
by the council by a three-fourths vote within one hundred eighty days
after the filing of said resolution with the city clerk. The effective
date of such resolution, if so approved, shall be the date of such
approval. A protest duly filed as herein provided may be withdrawn at
any time within sixty days from the date of the filing of such
resolution.
b. Designations of zoning districts under the zoning resolution and
the issuance of special permits which under the terms of the zoning
resolution are within the jurisdiction of the city planning commission
shall be subject to review and approval pursuant to the procedures
provided in section one hundred ninety-seven-c and section one hundred
ninety-seven-d, except that whenever the city planning commission has
not recommended approval of a proposed change in the designation of a
zoning district or the issuance of a special permit under the zoning
resolution or has failed to act on such a matter within the time
specified in section one hundred ninety-seven-c, the council by a
two-thirds vote may approve such change or the issuance of such permit
only if the mayor shall have certified to the council that such change
or issuance is necessary. The council shall act upon such designation or
permit within fifty days of the filing of the certification of the mayor
with the council.
Section 201.
§ 201. Applications for zoning changes and special permits. a.
Applications for changes in the zoning resolution may be filed by any
taxpayer, community board, borough board, borough president, by the
mayor or by the land use committee of the council if two-thirds of the
members of the committee shall have voted to approve such filing with
the city planning commission. All such applications involving changes
in the designation of zoning districts under the zoning resolution shall
be subject to review and approval pursuant to section one hundred
ninety-seven-c and one hundred ninety-seven-d. For applications
involving other changes in zoning resolutions and regulations, the
commission prior to taking action upon any such application shall refer
it to the affected community boards or borough boards for a public
hearing and recommendation.
b. Applications for special permits within the jurisdiction of the
city planning commission under the zoning resolution may be filed by any
person or agency. All such applications for the issuance of special
permits shall be subject to review and approval pursuant to section one
hundred ninety-seven-c and section one hundred ninety-seven-d.
Section 202.
§ 202. Platting of land and dedication of streets and public places.
a. No map of a subdivision or platting of land into streets, avenues or
public places and blocks within the limits of the city shall be received
for filing in the office in which instruments affecting real property
are required to be recorded in the county in which the land is situated,
unless such map shall have been reviewed and approved pursuant to
section one hundred ninety-seven-c and section one hundred
ninety-seven-d. If such map is disapproved, the chair of the city
planning commission shall certify such fact in writing upon such map,
and such map shall be received only for record without such approval.
b. No street, avenue, highway or public place, the layout of which has
not been approved as provided in this section, shall be deemed to have
been accepted by the city as a street, avenue, highway or public place,
unless such street, avenue, highway or public place shall lie within the
lines of a street, avenue, highway or public place upon the city map.
Section 203.
§ 203. Criteria for location of city facilities. a. Not later than
the first day of July, nineteen hundred ninety, the mayor, after
consulting with each of the borough presidents, shall file with the city
planning commission proposed rules establishing criteria for (1) the
location of new city facilities and (2) the significant expansion,
closing or significant reduction in size or capacity for service
delivery of existing facilities. The criteria shall be designed to
further the fair distribution among communities of the burdens and
benefits associated with city facilities, consistent with community
needs for services and efficient and cost effective delivery of services
and with due regard for the social and economic impacts of such
facilities upon the areas surrounding the sites. Not later than thirty
days after the filing of such proposed rules, the city planning
commission shall publish a notice of proposed rule making under section
one thousand forty-three with regard to such rules, as proposed by the
mayor or as proposed to be modified by the commission. Promptly
thereafter, the commission shall approve or approve with modifications
the rules and shall file the rules as approved with the council.
b. At any time after the adoption of such criteria, the mayor, after
consulting with the borough presidents, may submit to the city planning
commission proposed amendments to the rules. Not later than thirty days
after the filing of such proposed amendments, the city planning
commission shall publish a notice of proposed rule making under section
one thousand forty-three with regard to such amendments, as proposed by
the mayor or as proposed to be modified by the commission. Promptly
thereafter, the commission shall approve, approve with modifications or
determine not to approve the amendments and shall file any approved
amended rules with the council.
c. For purposes of this chapter, "city facility" shall mean a
facility used or occupied or to be used or occupied to meet city needs
that is located on real property owned or leased by the city or is
operated by the city or pursuant to a written agreement on behalf of the
city.
Section 204.
§ 204. Citywide statement of needs. a. Each year not later than the
fifteenth day of November, the mayor shall submit to the council,
borough presidents, borough boards and community boards a citywide
statement of needs concerning city facilities prepared in accordance
with the criteria established pursuant to section two hundred three.
Copies of the statement shall also be made available to the public in
the main branch of the public library in each borough. The statement
shall identify by agency and program: (1) all new city facilities and
all significant expansions of city facilities for which the mayor or an
agency intends to make or propose an expenditure or to select or propose
a site during the ensuing two fiscal years and (2) all city facilities
which the city plans to close or to reduce significantly in size or in
capacity for service delivery during the ensuing two fiscal years.
b. With respect to the city facilities referred to in clause one of
subdivision a of this section, the statement of needs shall describe for
each proposed new city facility or significant expansion: (1) the public
purpose to be served thereby, (2) the size and nature of the facility,
(3) the proposed location by borough and, if practicable, by community
district or group of community districts, and (4) the specific criteria
to be used in locating the new facility or expansion.
c. With respect to the city facilities referred to in clause two of
subdivision a of this section, the statement of needs shall describe
with respect to each such city facility: (1) the reasons for such
proposed closing or reduction, (2) the location, and (3) the specific
criteria for selecting the city facility for closure or for reduction in
size or capacity for service delivery.
d. The statement of needs shall be accompanied by a map together with
explanatory text, indicating (1) the location and current use of all
city-owned real property, (2) all final commitments relating to the
disposition or future use of city-owned real property, including
assignments by the department of citywide administrative services
pursuant to clause b of subdivision three of section sixteen hundred
two, and (3) to the extent such information is available to the city,
(i) the location of health and social service facilities operated by the
state of New York or the federal government or pursuant to written
agreement on behalf of the state or the federal government; and (ii) the
location of transportation or waste management facilities operated by
public entities or by private entities pursuant to written agreements
with public entities, or by other private entities that provide
comparable services. Information which can be presented most effectively
in text may be presented in this manner. In addition to being
transmitted with the statement of needs pursuant to subdivision a of
this section, such map shall be kept on file with the department of city
planning and shall be available for public inspection and copying. The
map shall be updated on at least an annual basis.
e. Preparation of the statement of needs. (1) Annually on such date as
the mayor shall direct, each agency shall submit to the mayor a
statement containing all the information required to be included in the
statement of needs for the ensuing two fiscal years pursuant to
subdivisions a, b and c of this section that relates to the plans,
jurisdiction and responsibility of such agency. Such statements shall be
known as the departmental statements of need for city facilities. In
preparing such departmental statements of needs, each agency shall
review and consider the district needs statements submitted by community
boards pursuant to paragraph ten of subdivision d of section twenty
eight hundred and the statements of budget priorities submitted by the
community boards pursuant to section two hundred thirty.
(2) The mayor, assisted by the department of city planning, the
department of design and construction and the department of citywide
administrative services, shall review such departmental statements of
need and use them to prepare the statement of needs. In preparing the
statement of needs, the mayor shall apply the criteria established
pursuant to section two hundred three.
f. Upon receipt of the statement of needs pursuant to subdivision a of
this section, each community board and borough president shall review
the statement of needs. Each community board shall make the statement of
needs available to the public and conduct a public hearing on the
statement of needs. Each community board and borough president shall
have the right to submit comments on the statement of needs to the
department of city planning within ninety days of receipt of the
statement. Each borough president shall have the right, within ninety
days of receipt of the statement of needs, to submit a written statement
to the mayor proposing locations for any new city facilities to be
located in his or her borough pursuant to the statement of needs. All
such locations proposed by a borough president shall be located in his
or her borough and shall be certified by the borough president as being
consistent with the specific criteria for the location of city
facilities contained in the statement of needs and with the criteria
established pursuant to section two hundred three. Each city agency
shall consider such written statements in taking actions with respect to
matters included in the statement of needs.
g. Whenever an application involving a new city facility is submitted
to the department of city planning pursuant to paragraph five, ten or
eleven of subdivision a of section one hundred ninety-seven-c, the
applicant shall include as part of the application a statement of (1)
how the proposed action satisfies the criteria for the location of city
facilities established pursuant to section two hundred three, (2)
whether the proposed action is consistent with the most recent statement
of needs, and (3) whether the proposed action is consistent with any
written statements or comments submitted by borough presidents and
community boards in response to the statement of needs. If the proposed
action is not consistent with the criteria for location of city
facilities, the statement of needs, or any such written statements or
comments submitted in response to the statement of needs, the agency
shall include as part of its application a statement of the reasons for
any such inconsistencies. If the proposed new facility is not referred
to in the statement of needs, the applicant shall submit to the affected
borough president a description of the public purpose to be served by
the city facility, its proposed location, the appropriation (if any)
that the agency intends to use in connection with the facility, the size
and nature of the facility and the specific criteria for the location of
the facility. The affected borough president shall have the right,
within thirty days of the submission of such description, to propose an
alternative location in his or her borough for the proposed city
facility, provided that the borough president shall certify that the
alternative location satisfies the criteria for location of city
facilities under section two hundred three and the specific criteria for
locating the facility in the statement of needs. The application for the
proposed site selection, disposition or acquisition shall not be
certified and shall not be reviewed pursuant to section one hundred
ninety-seven-c until at least thirty days after the submission of such
information to the affected borough president. A borough president may
elect to waive the right to such thirty-day review period.
h. The mayor's management report, prepared pursuant to section twelve,
shall include a review of the implementation of the statement of needs.
Such review shall consist of (1) a list of the proposed actions in the
statement of needs that have been implemented and of those proposed
actions that have not been implemented and (2) a description of the
proposed actions in the statement of needs which have been implemented
in a manner significantly different from what was proposed in the
statement of needs and the reasons therefor.
Section 205.
§ 205. Comprehensive waterfront plan. Not later than the thirty-first
day of December, two thousand and ten and not less than every ten years
thereafter, the department of city planning shall file with the mayor,
the council, the public advocate, the borough presidents, and the
community boards, a comprehensive waterfront plan. Such plan shall be
drafted in consultation with the appropriate city, state, and federal
agencies and regulatory bodies, and with input from the public, and
shall include (1) an assessment of waterfront resources for the natural
waterfront, the public waterfront, the working waterfront and the
developing waterfront, (2) a statement of the planning policy of the
department of city planning, which policy shall take into consideration,
among other things, the ten year capital strategy, the assessment of
waterfront resources included pursuant to (1) above, the four year
capital plan, the strategic policy statements provided for in section
seventeen and plans approved pursuant to section one hundred
ninety-seven-a and (3) proposals for implementing the planning policy of
the department whether by amendment of the zoning resolution,
development of plans or otherwise.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.