Section 3020.
§ 3020. Landmarks preservation commission. 1. There shall be a
landmarks preservation commission consisting of eleven members. The
membership of such commission shall include at least three architects,
one historian qualified in the field, one city planner or landscape
architect, and one realtor. The membership shall include at least one
resident of each of the five boroughs.
2. (a) The members of the commission shall be appointed by the mayor
for terms of three years, provided that of those members first taking
office, three shall be appointed for one year, four for two years, and
four for three years. Each member shall serve until the appointment and
qualification of his or her successor. The terms of members first taking
office shall commence on the date of their appointment.
(b) Before making any appointment of a member who is required to be an
architect, historian or city planner or landscape architect, the mayor
may consult with the fine arts federation of New York and any other
similar organization. In the event of a vacancy occurring during the
term of a member of the commission, the mayor shall make an interim
appointment to fill out the unexpired term of such member, and where
such member is herein required to have specified qualifications, such
vacancy shall be filled by interim appointment of a person having such
qualifications, in the manner herein prescribed.
3. The members of the commission other than the chair, shall serve
without compensation, but shall be reimbursed for expenses necessarily
incurred in the performance of their duties.
4. The mayor shall designate one of the members of the commission to
be chair and one to be vice-chair. The chair and vice-chair shall serve
as such, until a successor or successors are designated. The commission
shall appoint an executive director who shall devote full time to his or
her duties. The commission shall submit an annual report on its
activities to the mayor.
5. The commission may employ technical experts and such other
employees as may be required to perform its duties, within the
appropriations therefor.
6. The commission shall have such powers and duties as shall be
prescribed by law with respect to the establishment and regulation of
landmarks, portions of landmarks, landmark sites, interior landmarks,
scenic landmarks and historic districts.
7. In order to provide an opportunity for comment, in advance of any
hearing on a proposed designation of a landmark, landmark site, interior
landmark, scenic landmark or historic district, the commission shall
send a notice of the proposed designation and the hearing to the city
planning commission, all affected community boards and the office of the
borough president in whose borough the property or district is located.
8. All landmarks, landmark sites, interior landmarks, scenic landmarks
and historic districts designated by the commission pursuant to any
applicable law shall be in full force and effect from and after the date
of the action of the commission. Within ten days after making a
designation, the commission shall file a copy of such designation with
the city planning commission and the council. Within sixty days after
such filing, the city planning commission shall (a) hold a public
hearing on any such designation of a historic district and (b) shall
submit to the council a report with respect to the relation of any such
designation, whether of a historic district or a landmark, to the zoning
resolution, projected public improvements, and any plans for the
development, growth, improvement or renewal of the area involved. The
city planning commission shall include with any such report its
recommendation, if any, for council action with respect to any such
designation of a historic district.
9. The council may modify or disapprove by majority vote any
designation of the landmarks preservation commission within one hundred
twenty days after a copy of such designation is filed with the council
provided that the city planning commission has submitted the report
required above or that sixty days have elapsed since the filing of the
designation with the council. All votes of the council pursuant to this
section shall be filed by the council with the mayor and shall be final
unless disapproved by the mayor within five days of such filing. Any
such mayoral disapproval shall be filed by the mayor with the council
and shall be subject to override by a two-thirds vote of the council
within ten days of such filing.
10. (a) There shall be a panel, independent of the commission,
consisting of five members appointed by the mayor with the advice and
consent of the council in accordance with the procedures in section
thirty-one. Such panel shall review appeals from determinations of the
commission denying applications for certificates of appropriateness,
based on the grounds of hardship, to demolish, alter or reconstruct
improvements that are exempt from real property taxes, provided that
such appeals may be brought only with respect to applications made under
applicable law on the grounds of hardship applicable only to tax-exempt
properties.
(b) Within a reasonable time period, the mayor shall submit to the
council a proposed local law establishing the procedure, including the
standard of review, for reviews by such panel. If such a local law is
not enacted within one year of the effective date of this subdivision,
the mayor shall promptly establish by executive order the procedures for
reviews by such panel. Such panel shall not review appeals from
determinations of the commission until the effective date of such a
local law or executive order; provided, however, that any of the
applications described in paragraph a of this subdivision that are
denied by the commission after the first day of January, nineteen
hundred ninety and prior to the effective date of such local law or
executive order may be appealed to such panel during a sixty-day period
commencing on the effective date of such local law or executive order.
(c) The provisions of this subdivision shall not be construed to alter
or amend the provisions of chapter three of title twenty-five of the
administrative code and the judicial interpretations thereof.
(d) The failure to appeal to the panel for review of a determination
of the commission described in paragraph a of this subdivision shall not
preclude the commencement of a judicial action or proceeding for review
of such a determination; provided, however, that no such action or
proceeding may be brought during the pendency of an appeal before the
panel. Notwithstanding anything to the contrary in this subdivision, the
commencement of a judicial action or proceeding for review of a
determination of the commission shall preclude the appeal of such a
determination to the panel. Any party, including the commission,
aggrieved by a final determination of the panel may commence a judicial
action or proceeding for review of such determination of the panel.
11. In addition to the powers conferred by this chapter, the
commission shall have the powers specifically conferred upon it by
chapter thirty-seven of the charter.
Section 3021.
§ 3021. Hardship appeals panel.
1. Definitions. For the purposes of this section,
(a) "Panel" means the hardship appeals panel established pursuant to
subdivision two of this section.
(b) "Commission" means the landmarks preservation commission.
2. (a) There is hereby established the hardship appeals panel,
independent of the commission, to consist of five members appointed by
the mayor with the advice and consent of the council in the manner
specified in section thirty-one of this charter. No more than two
members of the panel shall be residents of the same borough.
(b) The term of each member shall be three years, provided, however,
that of the members first appointed on or after the effective date of
this section, two shall be appointed for a term of two years and one
shall be appointed for a term of one year.
(c) The mayor shall designate one member to be chair.
(d) The members shall serve without compensation but shall be
reimbursed for actual and necessary expenses incurred in the performance
of their duties.
3. The panel shall review appeals from determinations of the
commission denying applications for certificates of appropriateness,
based on the grounds of hardship, to demolish, alter or reconstruct
improvements that are exempt from real property taxes, provided that
such appeals may be brought only with respect to applications made under
applicable law on the grounds of hardship applicable only to tax-exempt
properties. Notwithstanding the foregoing provision, the panel shall
not have jurisdiction to review such appeals if a judicial proceeding
for review of such determination of the commission has been commenced.
4. A proceeding for review pursuant to this section shall be commenced
by filing a notice of appeal and petition. A notice of appeals shall be
filed with the panel and the commission no more than forty-five days
after the date that notice of the determination of the commission is
served upon the appellant. A petition and any supporting memoranda of
law shall be filed with the panel and the commission no later than sixty
days after the date on which the notice of appeal was filed with the
panel and the commission. Upon the filing of a petition, the panel shall
obtain from the commission the record of the proceedings before the
commission relating to the matter to be reviewed. The commission shall
have the opportunity to file with the panel responsive memoranda of law
within thirty days after receipt of the petition and supporting
memoranda. Any other submissions to the panel, including reply
memoranda, shall be filed in accordance with a schedule established by
the panel. Notwithstanding the foregoing provisions, with respect to
applications described in subdivision three of this section that are
denied by the commission after the first day of January, nineteen
hundred ninety and prior to the effective date of this section the
notice of appeal and petition shall be filed with the panel and the
commission no more than sixty days after the effective date of this
section.
5. The panel shall review the petition, consider the arguments made in
the memoranda submitted to it, afford the parties the opportunity to
present oral argument, and review the record of the commission including
the statements of those who appeared before the commission, the
documents in the record, including materials prepared by members of the
commission, staff and their consultants, the statements of members of
the commission and staff in the record and the findings of, and the
reasons given by, the commission for its determination. The panel shall
not substitute its own judgment for that of the commission. It shall not
take testimony or consider any evidence that was not in the record
below. If the panel finds that the determination of the commission has a
rational basis supported by substantial evidence in the record, it shall
affirm the determination of the commission; otherwise it shall reverse
the commission's determination and remand the matter to the commission,
which shall then issue a preliminary determination of insufficient
return and take such steps as are provided by law following such
preliminary determination.
6. The appellant or the commission may commence a judicial proceeding
for review of a determination of the panel.
7. The panel shall render a determination expeditiously. If the panel
does not render a determination within ninety days after the date of the
filing of the petition, the petitioner at his or her option may agree to
an extension of time for such determination or may withdraw his or her
petition. If the petitioner chooses to withdraw the petition, the panel
shall no longer have jurisdiction to hear the appeal and the
determination of the commission described in subdivision three of this
section shall be considered final and shall be subject to judicial
review as provided by law.
8. Any determination of the panel reversing the commission's
determination and remanding the matter shall be stayed pending the final
resolution of any judicial proceeding for review of the determination of
the panel.
9. Nothing in this section shall be construed to affect the provisions
of law and procedures governing determinations of the commission,
including, but not limited to, the nature and conduct of hearings and
the burdens of proof, that are otherwise provided for under chapter
three of title twenty-five of the administrative code and any rules
promulgated thereunder and any judicial interpretations thereof, or to
affect the standards provided in law for judicial review of any
determination of the commission or panel.
10. Nothing in this section shall be construed to require a person
aggrieved by a determination of the commission to appeal to the panel
prior to commencing a judicial proceeding for review of such
determination.
11. The panel may adopt such rules of procedure consistent with this
section as are necessary to carry out the provisions of this section.
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