New York City Council Header
File #: Int 0791-2015    Version: * Name: Requiring Community Board referral of certificate of appropriateness applications and subsequent modifications.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Land Use
On agenda: 5/14/2015
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring Community Board referral of certificate of appropriateness applications and subsequent modifications
Sponsors: Helen K. Rosenthal, Rosie Mendez, Margaret S. Chin, Vincent J. Gentile, Mathieu Eugene, Andrew Cohen, Corey D. Johnson, Ydanis A. Rodriguez, Karen Koslowitz, Ritchie J. Torres, Laurie A. Cumbo, Rory I. Lancman, Andy L. King, Mark Levine, Fernando Cabrera , Deborah L. Rose, Eric A. Ulrich
Council Member Sponsors: 17
Summary: This bill would impose a mandatory public review process for all applications for certificates of appropriateness filed with the Landmarks Preservation Commission (LPC). It would require LPC to refer all applications for certificates of appropriateness to affected community boards after they are filed with the commission. It would require LPC to wait to hold its required public hearing on the application to allow a sufficient amount of time for the affected community board to review and comment on applications. The bill also would require an additional, second community board referral and notification to the local councilmember when an application is significantly modified after LPC holds its public hearing on the application. A modification would be considered significant if it resulted in: 1. Any change in the footprint of the proposed improvement, 2. Any increase in the height of the proposed improvement, or 3. Any significant change in the exterior design elements or materials Lastly, the bill would require LPC to notify both the community board and the local councilmember if the Commission made further modifications to the proposal after a second community board referral.
Attachments: 1. Summary of Int. No. 791, 2. May 14, 2015 - Stated Meeting Agenda with Links to Files
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2017*Helen K. Rosenthal City Council Filed (End of Session)  Action details Meeting details Not available
5/14/2015*Helen K. Rosenthal City Council Referred to Comm by Council  Action details Meeting details Not available
5/14/2015*Helen K. Rosenthal City Council Introduced by Council  Action details Meeting details Not available

Int. No. 791

 

By Council Members Rosenthal, Mendez, Chin, Gentile, Eugene, Cohen, Johnson, Rodriguez, Koslowitz, Torres, Cumbo, Lancman, King, Levine, Cabrera, Rose and Ulrich

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring Community Board referral of certificate of appropriateness applications and subsequent modifications

 

Be it enacted by the Council as follows:

 

Section 1. Section 25-308 of chapter 3 of title 25 of the administrative code of the city of New York is amended as follows:

Procedure for determination of request for certificate of appropriateness. a. The commission shall refer all filed applications for certificates of appropriateness, including all related materials, to all affected community boards. The commission shall hold a public hearing on each request for a certificate of appropriateness no less than forty-five days and no more than seventy-five days after referring the application to affected community boards. Except as otherwise provided in section 25-309 of this chapter or subdivision b of this section, the commission shall make its determination as to such request within ninety days after filing thereof.

b.                     Any modification to an application for certificate of appropriateness made after the commission holds a public hearing as required under subdivision a of this section that would (1) change the footprint of the proposed improvement, (2) increase the height of the proposed improvement, or (3) significantly change the exterior design elements or materials, shall be referred to all of the affected community boards. The commission shall further notify the councilmember for the district in which the property is located of any such modification. The commission shall not take any action on any such application prior to forty-five days after the date of referring such modification. If an additional community board referral is required under this subdivision, the commission shall have forty-five days to make its determination in addition to the ninety days permitted by subdivision a of this section. This subdivision shall not apply to a request for a certificate of appropriateness authorizing demolition, alterations or reconstruction on ground of insufficient return under Section 25-309 of this chapter. This subdivision shall only require one review of modifications by affected community boards.

c.                     For all applications for certificates of appropriateness that are modified after the additional community board referral required under subdivision b of this section, the commission shall notify and provide a written determination of the final action on such application, including an explanation of modifications, to all affected community boards and the councilmember for the district in which the property is located.

      §2.      This local law shall take effect immediately.

 

 

 

 

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LS #2579

5/5/15