NY State Senate Bill 2015-S5106

Senate Bill S5106

2015-2016 Legislative Session

Relates to providing notice to affected property owners of applications for variances and special permits

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to cities
Jun 09, 2015	reported and committed to rules
May 01, 2015	referred to cities

Votes

- Jun 9, 2015 - Committee Vote
  S5106
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Jun 9, 2015
      
      aye (7)
      
      DeFrancisco
      
      Funke
      
      Lanza
      
      Ortt
      
      Peralta
      
      Savino
      
      Squadron

2015-S5106 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Charter
Laws Affected:: Amd §668, NYC Chart
Versions Introduced in 2017-2018 Legislative Session:: S1884

2015-S5106 (ACTIVE) - Summary

Relates to providing notice to affected property owners of applications for variances and special permits.

2015-S5106 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5106

TITLE OF BILL:  An act to amend the New York city charter, in relation
to notice of applications for variances and special permits for
affected property owners

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to provide notice to affected property
owners of applications for variances and special permits.

SUMMARY Of PROVISIONS:

Section 1 of the bill amends section 668 of the New York City charter
by adding a new subdivision a-1, which provides that for every
application filed with the Board of Standards and Appeals (BSA), an
applicant will furnish a form, prescribed by BSA, to all affected
property owners within three business days of filing

Subsections a-1.1 through a-1.7 provide that the form shall include
the operative section of the rezoning resolution the application is
filed under, the application number assigned to the application, the
name of the applicant, the name of the owner of the property subject
to the application, the applicable street address, block number, or
lot that is the subject of the application , a brief summary of the
variance or special permits sought, and the community board that has

jurisdiction over the application.

The applicant must submit this form with instructions that if the
property is a cooperative or condominium, all tenants should be
notified in the manner customarily employed by the cooperative or
condominium. If the subject property is occupied by multiple tenants,
the applicant must submit the hearing notice to the owner or
management of the property, to either post in the lobby or distribute
to tenants or unit owners.

An "affected property owner" shall mean an owner or tenant of record
of the subject property or an owner of real property located within a
four hundred foot radius. If the subject property is not forty
thousand square feet or larger, and contains a frontage greater than
three hundred feet, then the affected property owner will Include a
real property owner within two hundred feet of a line running parallel
to the subject property corners. If the application is for a special
permit or involves a single one-, two- or three-family dwelling, then
the affected property owner will include a real property owner within
a two hundred foot radius

JUSTIFICATION:

Zoning limitations ensure that the character of a neighborhood is
protected. When an owner or developer applies for a variance or
special permit, the subject construction by definition falls outside
of those limitations. The potential harm to nearby residents can be
significant, and the community must be given the opportunity to raise
any concerns about future development This bill aims to ensure that
those affected residents are properly notified at the time the


application is made so affected property owners can submit any
concerns to BSA prior to a final decision.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the 30th day.

2015-S5106 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5106

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 1, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the New York city charter,  in  relation  to  notice  of
  applications  for  variances and special permits for affected property
  owners

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  668  of  the New York city charter is amended by
adding a new subdivision a-1 to read as follows:
  A-1. FOR EVERY APPLICATION FILED  WITH  THE  BOARD  OF  STANDARDS  AND
APPEALS  PURSUANT  TO  THIS  SECTION,  AN APPLICANT SHALL FURNISH TO ALL
AFFECTED PROPERTY OWNERS WITHIN  THREE  BUSINESS  DAYS  OF  FILING  SUCH
APPLICATION  A  FORM  TO  BE  PRESCRIBED  BY  THE BOARD OF STANDARDS AND
APPEALS THAT SHALL INCLUDE:
  1. THE OPERATIVE SECTION OF THE ZONING RESOLUTION THE  APPLICATION  IS
FILED UNDER;
  2. THE APPLICATION NUMBER ASSIGNED TO THE APPLICATION;
  3. THE NAME OF THE APPLICANT;
  4.  THE  NAME  OF THE OWNER OF THE PROPERTY THAT IS THE SUBJECT OF THE
APPLICATION;
  5. THE APPLICABLE STREET ADDRESS, BLOCK NUMBER, OR  LOT  THAT  IS  THE
SUBJECT OF THE APPLICATION;
  6. A BRIEF SUMMARY OF THE VARIANCE OR SPECIAL PERMIT SOUGHT; AND
  7. THE COMMUNITY BOARD HAVING JURISDICTION OVER THE APPLICATION.
  THE  APPLICANT  MUST  SUBMIT THE FORM TO AFFECTED PROPERTY OWNERS WITH
INSTRUCTIONS THAT IF THE PROPERTY IS A COOPERATIVE OR  CONDOMINIUM,  ALL
TENANTS  SHOULD  BE  NOTIFIED  IN THE MANNER CUSTOMARILY EMPLOYED BY THE
COOPERATIVE OR CONDOMINIUM. IF  THE  SUBJECT  PROPERTY  IS  OCCUPIED  BY
MULTIPLE  TENANTS,  THE  APPLICANT MUST SUBMIT THE HEARING NOTICE TO THE
OWNER OR MANAGEMENT OFFICE OF THE PROPERTY WITH  INSTRUCTION  TO  EITHER
POST  THE  HEARING NOTICE IN THE LOBBY OF THE PROPERTY, OR TO NOTIFY ALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09034-01-5

S. 5106                             2

TENANTS AND/OR OWNERS IN THE MANNER CUSTOMARILY EMPLOYED BY  SUCH  OWNER
OR  MANAGER FOR GIVING NOTICES TO TENANTS OR UNIT OWNERS IN THE BUILDING
IN QUESTION.
  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, AN "AFFECTED PROPERTY OWNER"
SHALL MEAN AN OWNER OR TENANT OF RECORD OF THE SUBJECT  PROPERTY  OR  AN
OWNER  OF  REAL  PROPERTY LOCATED WITHIN A FOUR HUNDRED FOOT LONG RADIUS
PROVIDED, HOWEVER, THAT IF THE SUBJECT PROPERTY IS FORTY THOUSAND SQUARE
FEET OR LARGER AND CONTAINS A FRONTAGE GREATER THAN THREE  HUNDRED  FEET
ON  ANY  ONE  STREET,  THEN  THE AFFECTED PROPERTY OWNER WILL INCLUDE AN
OWNER OF REAL PROPERTY WITHIN TWO HUNDRED FEET OF A LINE RUNNING  PARAL-
LEL  TO THE SUBJECT PROPERTY. A RADIUS OF TWO HUNDRED FEET WILL BE MEAS-
URED FROM THE CORNERS OF A SUBJECT PROPERTY HAVING AN INTERIOR ANGLE  OF
LESS  THAN  ONE  HUNDRED  EIGHTY  DEGREES.  IF  THE APPLICATION IS FOR A
SPECIAL PERMIT OR INVOLVES A SINGLE ONE-, TWO-, OR  THREE-FAMILY  DWELL-
ING,  THEN  THE  AFFECTED  PROPERTY  OWNER WILL INCLUDE AN OWNER OF REAL
PROPERTY WITHIN A TWO HUNDRED FOOT RADIUS FROM THE CENTER OF THE SUBJECT
PROPERTY.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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