Int. No. 118
By Council Members Leffler, Duane and Marshall; also Council Members Michels, Robinson and Sabini.
A Local Law to amend the Charter of the City of New York, in relation to requiring community board consultation in proceedings to amend a zoning resolution variance.
Be it enacted by the Council as follows:
Section 1. Subdivision a of section 668 of chapter 27 of the charter of the city of New York, is hereby amended to read as follows:
§688. Variances and special permits.-a. Community boards and borough boards shall review applications to vary the zoning resolution and to amend a variance to a zoning resolution and applications for special permits within the jurisdiction of the board of standards and appeals under the zoning resolution pursuant to the following procedure:
1. Each proposal or application shall be filed with the board of standards and appeals, which shall forward a copy within five days to the community board for each community district in which the land involved, or any part thereof, is located, and to the borough board if the proposal or application involves land located in two or more districts in a borough.
2. Each such community board, shall not later than forty days in the case of an amendment to a variance, and not later than sixty days after the receipt of the proposal or application for a special permit or to vary the zoning resolution, either notify the public of the proposal or application, in the manner specified by the city planning commission pursuant to subdivision i of section one hundred ninety-seven c, conduct a public hearing thereon and prepare and submit a written recommendation thereon directly to the board of standards and appeals, or waive the conduct of such public hearing and the preparation of such written recommendation.
3. A copy of a recommendation or waiver by a community board pursuant to paragraph two of this subdivision that involves land located within two or more community districts in a borough shall also be filed with the borough board within the same time period specified in that paragraph. Not later than thirty days after the filing of such a recommendation or waiver with the borough board by every community board in which the land involved is located or after the expiration of the time allowed for such community boards to act, the borough board may hold a public hearing on the proposal or application and any such recommendation and may submit a written recommendation or waiver thereof to the board of standards and appeals.
4. 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.
§2. This local law shall take effect immediately.