File #: Int 0775-2015    Version: * Name: Establishing a maximum period of time for the Landmarks Preservation Commission to take action on any item calendared for consideration of landmark status.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Land Use
On agenda: 4/28/2015
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to establishing a maximum period of time for the Landmarks Preservation Commission to take action on any item calendared for consideration of landmark status.
Sponsors: Peter A. Koo, David G. Greenfield, Jumaane D. Williams, Rory I. Lancman, Donovan J. Richards, Paul A. Vallone, Elizabeth S. Crowley, Andy L. King, Julissa Ferreras-Copeland, Ritchie J. Torres, Rafael L. Espinal, Jr., Vincent J. Gentile, Mark Treyger, Alan N. Maisel, Robert E. Cornegy, Jr., Karen Koslowitz, Deborah L. Rose, Annabel Palma, Mathieu Eugene, Fernando Cabrera , Rafael Salamanca, Jr., Laurie A. Cumbo, Inez E. Dickens, Ydanis A. Rodriguez, James Vacca, Vanessa L. Gibson, Joseph C. Borelli, Eric A. Ulrich, Steven Matteo
Council Member Sponsors: 29
Summary: This bill would impose a timeline on designation of landmarks, interior landmarks, scenic landmarks, and historic districts. For individual landmarks, the bill would require the Landmarks Preservation Commission (LPC) to hold a public hearing within 180 days of calendaring the landmark for consideration, and to take final action within 180 days of the public hearing. For historic districts the time period would similarly be divided into two one year periods for public hearing and final action. Lastly, the bill would require LPC to make a determination on whether to designate items (both individual landmarks and historic districts) that are currently on the calendar within 18 months of the effective date of the local law. In all cases, if LPC disapproves or fails to designate any item, the property in question would be barred from reconsideration of landmark status for a period of 5 years.
Attachments: 1. Summary of Int. No. 775, 2. Int. No. 775 - 4/28/15, 3. April 28, 2015 - Stated Meeting Agenda with Links to Files, 4. Land Use Calendar - September 9, 2015, 5. Committee Report 9/9/15, 6. Hearing Testimony 9/9/15, 7. Hearing Transcript 9/9/15, 8. Land Use Calendar - Week of May 31, 2016 - June 3, 2016

Int. No. 775

 

By Council Members Koo, Greenfield, Williams, Lancman, Richards, Vallone, Crowley, King, Ferreras-Copeland, Torres, Espinal, Gentile, Treyger, Maisel, Cornegy, Koslowitz, Rose, Palma, Eugene, Cabrera, Salamanca, Cumbo, Dickens, Rodriguez, Vacca, Gibson, Borelli, Ulrich and Matteo

 

A Local Law to amend the administrative code of the city of New York, in relation to establishing a maximum period of time for the Landmarks Preservation Commission to take action on any item calendared for consideration of landmark status.

 

Be it enacted by the Council as follows:

 

Section 1. Section 25-303 of chapter 3 of title 25 of the administrative code of the city of New York is amended by adding a new subdivision l to read as follows:

l.                     (1)                     The commission shall, upon the adoption of a motion, calendar any item to be considered for designation as a landmark, interior landmark, scenic landmark or historic district prior to holding a public hearing on such item. A motion to calendar must be approved by the majority of the commissioners present in order to be adopted. The date of the public hearing on the proposed designation may be set by the motion to calendar or it may be set at some later time by the chair, acting at his or her discretion.

                     (2)                     The commission shall hold a public hearing to consider any landmark, interior landmark, or scenic landmark under consideration for landmark designation within 180 days immediately following the date that the item is calendared by the commission. The commission shall have 180 days immediately following the date the public hearing is held for such item to designate the landmark, interior landmark, scenic landmark.  In the event the commission either: (a) disapproves the designation of an item, (b) fails to hold a public hearing on an item within 180 days immediately following the date that the item is calendared by the commission, or (c) fails to designate an item within 180 days immediately following the date the public hearing, the item shall be removed from the calendar of the commission and shall not be calendared again by the commission for possible designation for a period of not less than five years from date of its disapproval or the expiration of a time period set forth in this subdivision. 

                     (3)                      The commission shall hold a public hearing to consider any historic district under consideration for designation within one year immediately following the date that the item is calendared by the commission. The commission shall have one year immediately following the date the public hearing is held for such item to designate the historic district.  In the event the commission either: (a) disapproves the historic district designation, (b) fails to hold a public hearing on a historic district within one year following the date that the item is calendared by the commission, or  (c) fails to designate  a historic district within one year following the date the public hearing, the historic district shall be removed from the calendar of the commission and shall not be calendared again by the commission for possible historic district designation for a period of not less than five years from date of its disapproval or the expiration of a time period  set forth in this subdivision. 

(4)                     For all landmarks, interior landmarks, scenic landmarks, and historic districts that are calendared but not designated by the effective date of the local law that added this subdivision l, the commission shall have 18 months from such date to disapprove or designate any such item. In the event the commission either: (a) disapproves the designation of any such item, or (b) fails to designate any such item within 18 months of the effective date of the local law which added this subdivision l, the item shall be removed from the calendar of the commission and shall not be calendared again by the commission for possible designation for a period of not less than five years from date of its disapproval or the expiration of the time period set forth in this subdivision.

 §2.                     This local law shall take effect immediately

DSC

LS #2381

04/22/15