Int. No. 354

By Council Members Van Bramer, Mendez, Richards, Gentile, Vacca, Rosenthal, Cohen, Constantinides and Ulrich

A Local Law to amend the New York city charter, in relation to the creation of a community advisory review panel for zoning variance and special permit applications.

Be it enacted by the Council as follows:

Section 1.  Paragraph 4 of subdivision a of Section 668 of the New York city charter is amended to read as follows:

                     4. (i) The receipt of such a recommendation or waiver from every community or borough board involved, or the expiration of the time allowed for such boards to act, shall constitute an authorization to the board of standards and appeals to review the application and to make a decision[.], unless such application is referred to the community advisory review panel.

                     (ii) No later than three days after an application to vary the zoning resolution or application for a special permit first appears on the board’s published hearing calendar, any person or persons residing within the affected community district may file a petition to have the matter referred to the community advisory review panel. The petition shall be signed and notarized, and shall state the basis for referral. The board shall then refer the matter to the community advisory review panel, except that the board may decline to refer a matter to the community advisory review panel if it finds that a petition was filed in bad faith.

                     (iii) A matter referred to the community advisory review panel shall be reviewed by a panel that consists of three members, including a representative of the city planning commission, a representative of the community board for the affected community district, and a representative of the council member for the affected council district. Within thirty days of the date on which a matter is referred to the panel, the panel may hold a public hearing on the matter and submit a recommendation to the board. In the event the panel does not convene within such period, the matter shall be returned to the board with no recommendation.

                     (iv) Upon receipt of a recommendation from the panel, the board shall proceed with its review of the application before it. In rendering a decision, the board shall consider the panel’s recommendation and explain its basis for adopting or rejecting the panel’s recommendation.

                     (v) For purposes of this paragraph, the term “affected community district” shall mean the community district in which land at issue in an application is located, and the term “affected council district” shall mean the council district in which land at issue in an application is located.

§ 2. This local law shall become effective ninety days after its enactment; provided, however, that the board of standards and appeals shall promulgate rules in accordance with the provisions of this local law and such other rules as may be necessary for the purpose of implementing and carrying out the provisions of this local law prior to its effective date.

dss

LS 1350/2014

Int. 680/2011

4/30/14