S. 913 2
buildings filed in accordance with the provisions of section six hundred
forty-two or section six hundred forty-five of this charter, or
(b)] any order, requirement, decision or determination of the fire
commissioner or any rule or regulation or amendment or repeal thereof
made by the fire commissioner, or
[(c)] (B) any order, requirement, decision or determination of the
commissioner of transportation or the commissioner of ports and trade
made in relation to the structures or uses on water front property under
his or her jurisdiction in connection with the application or enforce-
ment of the provisions of [the zoning resolution of the city of New
York,] the labor law and such other laws, rules and regulations as may
govern the construction, alteration, maintenance, use, occupancy, safe-
ty, sanitary conditions, mechanical equipment and inspection of struc-
tures in the city, under the authority conferred upon them by law, by
reversing or affirming in whole or in part, or modifying the order,
regulation, decision or determination appealed from, and to make such
order, requirement, decision or determination as in its opinion ought to
be made in the premises, and to that end shall have the power of the
officer from whose ruling the appeal is taken, and of any officer under
whose written delegation of power such ruling was made.
[7. In passing upon appeals, to vary or modify any rule or regulation
or the provisions of any law relating to the construction, use, struc-
tural changes, equipment, alteration or removal of buildings or struc-
tures, or vaults in sidewalks appurtenant thereto, where there are prac-
tical difficulties or unnecessary hardship in the way of carrying out
the strict letter of the law, so that the spirit of the law shall be
observed, public safety secured and substantial justice done, provided
that the provisions of the housing maintenance code and of any regu-
lation or order issued under such code may be varied or modified only to
the extent permitted by such code and only in the manner and subject to
the conditions therein specified.
8.] 6. To review, upon motion of any member of the board, any rule,
regulation, amendment or repeal thereof, and any order, requirement,
decision or determination from which an appeal may be taken to the board
under the provisions of this chapter or of any law, or of any rule,
regulation or decision of the board; but no such review shall prejudice
the rights of any person who has in good faith acted thereon before it
is reversed or modified. The provisions of this chapter relating to
appeals to the board shall be applicable to such review.
[9. To afford an equal right to the city planning commission, communi-
ty boards, and borough boards and lessees and tenants as well as owners
to appear before it for the purpose of proposing arguments or submitting
evidence in respect of any matter brought before it pursuant to the
zoning resolution of the city of New York.
10. To issue such special permits as the board is authorized to issue
under the zoning resolution.
11. To revoke or modify, upon due notice and hearing, variances and
special permits previously granted under the zoning resolution if the
terms and conditions of such grants have been violated.]
S 2. Section 668 of the New York city charter is REPEALED.
S 3. The New York city charter is amended by adding a new section
201-a to read as follows:
S 201-A. VARIANCES AND SPECIAL PERMITS. A. COMMUNITY BOARDS AND
BOROUGH BOARDS SHALL REVIEW APPLICATIONS TO VARY THE ZONING RESOLUTION
AND APPLICATIONS FOR SPECIAL PERMITS UNDER THE ZONING RESOLUTION PURSU-
ANT TO THE FOLLOWING PROCEDURE:
S. 913 3
1. EACH PROPOSAL OR APPLICATION SHALL BE FILED WITH THE CITY PLANNING
COMMISSION, 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 SIXTY DAYS AFTER
THE RECEIPT OF THE PROPOSAL OR APPLICATION, EITHER NOTIFY THE PUBLIC OF
THE PROPOSAL OR APPLICATION, IN THE MANNER SPECIFIED BY THE CITY PLAN-
NING COMMISSION PURSUANT TO SUBDIVISION I OF SECTION ONE HUNDRED NINE-
TY-SEVEN-C OF THIS CHAPTER, CONDUCT A PUBLIC HEARING THEREON AND PREPARE
AND SUBMIT A WRITTEN RECOMMENDATION THEREON DIRECTLY TO THE CITY PLAN-
NING COMMISSION, 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 SUCH PARA-
GRAPH. NOT LATER THAN THIRTY DAYS AFTER THE FILING OF SUCH A RECOMMENDA-
TION 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 A WAIVER THEREOF TO THE CITY
PLANNING COMMISSION.
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 CITY PLAN-
NING COMMISSION TO REVIEW THE APPLICATION AND TO MAKE A DECISION.
5. IF AFTER 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, THE APPLICANT FOR A SPECIAL PERMIT OR
VARIANCE SUBMITS TO THE CITY PLANNING COMMISSION ANY ADDITIONAL DOCU-
MENTS OR PLANS, HE OR SHE SHALL AT THE SAME TIME FORWARD COPIES OF SUCH
DOCUMENTS OR PLANS TO THE COUNCIL MEMBER INVOLVED AND TO THE COMMUNITY
OR BOROUGH BOARD INVOLVED.
6. COPIES OF ANY WRITTEN INFORMATION SUBMITTED BY AN APPLICANT FOR
PURPOSES OF DETERMINING WHETHER AN ENVIRONMENTAL IMPACT STATEMENT WILL
BE REQUIRED BY LAW IN CONNECTION WITH AN APPLICATION UNDER THIS SECTION,
AND ANY DOCUMENTS OR RECORDS INTENDED TO DEFINE OR SUBSTANTIALLY REDE-
FINE THE OVERALL SCOPE OF ISSUES TO BE ADDRESSED IN ANY SUCH DRAFT ENVI-
RONMENTAL IMPACT STATEMENT SHALL BE DELIVERED TO ALL AFFECTED COMMUNITY
BOARDS AND BOROUGH BOARDS.
7. IF A MEETING INVOLVING A CITY AGENCY AND AN APPLICANT IS CONVENED
TO DEFINE OR SUBSTANTIALLY REDEFINE THE OVERALL SCOPE OF ISSUES TO BE
ADDRESSED IN ANY DRAFT ENVIRONMENTAL IMPACT STATEMENT REQUIRED BY LAW
FOR AN APPLICATION SUBJECT TO REVIEW UNDER THIS SECTION, EACH COMMUNITY
BOARD INVOLVED AND EACH BOROUGH PRESIDENT INVOLVED SHALL RECEIVE ADVANCE
NOTICE OF SUCH MEETING, AND EACH SHALL HAVE THE RIGHT TO SEND ONE REPRE-
SENTATIVE TO THE MEETING.
B. THE RECOMMENDATION OF A COMMUNITY BOARD OR BOROUGH BOARD PURSUANT
TO SUBDIVISION A OF THIS SECTION SHALL BE FILED WITH THE CITY PLANNING
COMMISSION. THE CITY PLANNING COMMISSION SHALL CONDUCT A PUBLIC HEARING
AND ACT ON THE PROPOSED APPLICATION. A DECISION OF THE COMMISSION SHALL
INDICATE WHETHER EACH OF THE SPECIFIC REQUIREMENTS OF THE ZONING RESOL-
UTION FOR THE GRANTING OF VARIANCES HAS BEEN MET AND SHALL INCLUDE FIND-
INGS OF FACT WITH REGARD TO EACH SUCH REQUIREMENT.
S. 913 4
C. COPIES OF A DECISION OF THE CITY PLANNING COMMISSION AND COPIES OF
ANY RECOMMENDATION OF THE AFFECTED COMMUNITY BOARD OR BOROUGH BOARD
SHALL BE FILED WITH THE CITY PLANNING COMMISSION. COPIES OF THE DECISION
SHALL ALSO BE FILED WITH THE AFFECTED COMMUNITY OR BOROUGH BOARDS.
D. ANY DECISION OF THE CITY PLANNING COMMISSION PURSUANT TO THIS
SECTION MAY BE REVIEWED AS PROVIDED BY LAW.
S 4. Section 25-202 of the administrative code of the city of New York
is REPEALED.
S 5. The administrative code of the city of New York is amended by
adding a new section 25-114 to read as follows:
S 25-114 FEES. THE FEES HEREINBELOW SET FORTH SHALL BE CHARGED FOR THE
FOLLOWING APPLICATIONS, APPEALS, FILINGS AND REVIEWS:
1. ZONING VARIANCES. APPLICATION FOR ANY VARIANCE UNDER THE ZONING
RESOLUTION WITH RESPECT TO:
A. (1) INDIVIDUALLY OWNED ONE AND TWO FAMILY DWELLINGS: $ 1,100.00.
(2) INDIVIDUALLY OWNED THREE FAMILY DWELLINGS: $ 1,700.00.
B. OTHER BUILDINGS AND STRUCTURES (FEE SCHEDULE APPLICABLE TO SQUARE
FOOTAGE INVOLVED IN APPLICATION), AND JUNK YARDS, PARKING LOTS, AUTOMO-
TIVE SERVICE STATIONS AND OTHER SIMILAR USES (FEE SCHEDULE APPLICABLE TO
LOT AREA INVOLVED IN APPLICATION).
(1) 10,000 SQUARE FEET OR LESS OF FLOOR AREA OR LOT AREA: $ 3,950.00.
(2) IN EXCESS OF 10,000 BUT NOT MORE THAN 20,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $ 5,480.00.
(3) IN EXCESS OF 20,000 BUT NOT MORE THAN 40,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $ 7,040.00.
(4) IN EXCESS OF 40,000 BUT NOT MORE THAN 70,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $ 8,560.00.
(5) IN EXCESS OF 70,000 BUT NOT MORE THAN 100,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $ 10,100.00.
(6) IN EXCESS OF 100,000 SQUARE FEET OF FLOOR AREA: $10,100.00 FOR THE
FIRST 100,000 SQUARE FEET OF FLOOR AREA PLUS 5.0% OF SQUARE FOOTAGE IN
UNITS OF 10,000 SQUARE FEET ABOVE 100,000 SQUARE FEET OF FLOOR AREA.
(7) IN EXCESS OF 100,000 SQUARE FEET OF LOT AREA: $ 11,200.00.
C. ALL OTHER APPLICATIONS FOR ANY ZONING VARIANCE UNDER THE ZONING
RESOLUTION NOT SUBJECT TO PARAGRAPH A OR B OF THIS SUBDIVISION: $
5,480.00.
2. ZONING SPECIAL PERMITS. APPLICATION FOR ANY SPECIAL PERMIT UNDER
THE ZONING RESOLUTION WITH RESPECT TO:
A. (1) INDIVIDUALLY OWNED ONE AND TWO FAMILY DWELLINGS: $ 1,000.00.
(2) INDIVIDUALLY OWNED THREE FAMILY DWELLINGS: $ 1,570.00.
B. OTHER BUILDINGS AND STRUCTURES (FEE SCHEDULE APPLICABLE TO SQUARE
FOOTAGE INVOLVED IN APPLICATION), AND JUNK YARDS, PARKING LOTS, AUTOMO-
TIVE SERVICE STATIONS AND OTHER SIMILAR USES (FEE SCHEDULE APPLICABLE TO
LOT AREA INVOLVED IN APPLICATION):
(1) 10,000 SQUARE FEET OR LESS OF FLOOR AREA OR LOT AREA: $ 2,960.00.
(2) IN EXCESS OF 10,000 BUT NOT MORE THAN 20,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $ 4,130.00.
(3) IN EXCESS OF 20,000 BUT NOT MORE THAN 40,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $ 5,280.00.
(4) IN EXCESS OF 40,000 BUT NOT MORE THAN 70,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $ 6,430.00.
(5) IN EXCESS OF 70,000 BUT NOT MORE THAN 100,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $ 7,580.00.
(6) IN EXCESS OF 100,000 SQUARE FEET OF FLOOR AREA: $7,580.00 FOR THE
FIRST 100,000 SQUARE FEET OF FLOOR AREA PLUS 5.0% OF SQUARE FOOTAGE IN
UNITS OF 10,000 SQUARE FEET ABOVE 100,000 SQUARE FEET OF FLOOR AREA.
S. 913 5
(7) IN EXCESS OF 100,000 SQUARE FEET OF LOT AREA: $ 8,400.00.
C. APPLICATION FOR ANY SPECIAL PERMIT UNDER THE ZONING RESOLUTION NOT
SUBJECT TO PARAGRAPH A OR B OF THIS SUBDIVISION: $ 4,130.00.
3. SPECIAL ORDER CALENDAR.
A. APPLICATION TO REARGUE OR REHEAR AN APPLICATION PURSUANT TO THE
RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF CITY PLANNING:
$1,850.00.
B. APPLICATION FOR AMENDMENT OF A VARIANCE OR SPECIAL PERMIT PREVIOUS-
LY GRANTED UNDER THE ZONING RESOLUTION WITH RESPECT TO:
(1) INDIVIDUALLY OWNED ONE AND TWO FAMILY DWELLINGS: $440.00.
(2) INDIVIDUALLY OWNED THREE FAMILY DWELLINGS: $920.00.
(3) ALL OTHER DEVELOPMENTS: $2,110.00.
C. APPLICATION FOR AN EXTENSION OF TIME:
(1) TO OBTAIN A CERTIFICATE OF OCCUPANCY PURSUANT TO A RESOLUTION OF
THE DEPARTMENT OF CITY PLANNING: $1,200.00.
(2) TO COMPLETE CONSTRUCTION PURSUANT TO SECTION 72-23 OR 73-70 OF THE
ZONING RESOLUTION: $1,200.00.
D. APPLICATION FOR EXTENSION OF TERM OF A VARIANCE OR SPECIAL PERMIT
PREVIOUSLY GRANTED UNDER THE ZONING RESOLUTION WITH RESPECT TO INDIVID-
UALLY OWNED ONE, TWO OR THREE FAMILY DWELLINGS, OTHER BUILDINGS AND
STRUCTURES (FEE SCHEDULE APPLICABLE TO SQUARE FOOTAGE INVOLVED IN APPLI-
CATION), AND JUNKYARDS, PARKING LOTS, AUTOMOTIVE SERVICE STATIONS AND
OTHER SIMILAR USES (FEE SCHEDULE APPLICABLE TO LOT AREA INVOLVED IN
APPLICATION):
(1) INDIVIDUALLY OWNED ONE, TWO OR THREE FAMILY DWELLINGS: $550.00.
(2) 10,000 SQUARE FEET OR LESS OF FLOOR AREA OR LOT AREA: $2,370.00.
(3) IN EXCESS OF 10,000 BUT NOT MORE THAN 20,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $3,290.00.
(4) IN EXCESS OF 20,000 BUT NOT MORE THAN 40,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $4,220.00.
(5) IN EXCESS OF 40,000 BUT NOT MORE THAN 70,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $5,140.00.
(6) IN EXCESS OF 70,000 BUT NOT MORE THAN 100,000 SQUARE FEET OF FLOOR
AREA OR LOT AREA: $6,060.00.
(7) IN EXCESS OF 100,000 SQUARE FEET OF FLOOR AREA: $6,060.00 FOR THE
FIRST 100,000 SQUARE FEET OF FLOOR AREA PLUS 5.0% OF SQUARE FOOTAGE IN
UNITS OF 10,000 SQUARE FEET ABOVE 100,000 SQUARE FEET OF FLOOR AREA.
(8) IN EXCESS OF 100,000 SQUARE FEET OF LOT AREA: $6,720.00.
(9) ALL OTHER APPLICATIONS: $ 3,290.00.
E. APPLICATION TO WAIVE THE RULES OF PRACTICE AND PROCEDURE OF THE
DEPARTMENT OF CITY PLANNING WHEN:
(1) APPLICATION TO EXTEND TIME TO COMPLETE CONSTRUCTION IS FILED ONE
YEAR OR LESS AFTER THE PERMITTED FILING PERIOD: $660.00.
(2) APPLICATION TO EXTEND TIME TO COMPLETE CONSTRUCTION IS FILED MORE
THAN ONE YEAR AFTER THE PERMITTED FILING PERIOD: $920.00.
(3) APPLICATION TO EXTEND THE TERM OF A PREVIOUSLY ISSUED VARIANCE,
SPECIAL PERMIT OR APPEAL IS FILED ONE YEAR OR LESS AFTER THE PERMITTED
FILING PERIOD: $1,180.00.
(4) APPLICATION TO EXTEND THE TERM OF A PREVIOUSLY ISSUED VARIANCE,
SPECIAL PERMIT OR APPEAL, IS FILED BETWEEN ONE AND TWO YEARS AFTER THE
PERMITTED FILING PERIOD: $1,850.00.
(5) APPLICATION TO EXTEND THE TERM OF A PREVIOUSLY ISSUED VARIANCE,
SPECIAL PERMIT OR APPEAL, IS FILED MORE THAN TWO YEARS AFTER THE PERMIT-
TED FILING PERIOD: $2,630.00.
S. 913 6
(6) APPLICATION TO EXTEND THE TERM OF A PREVIOUSLY ISSUED VARIANCE,
SPECIAL PERMIT OR APPEAL, IS FILED MORE THAN TEN YEARS AFTER THE PERMIT-
TED FILING PERIOD: $5,000.
F. APPLICATION FOR MINOR AMENDMENT THAT IS IN SUBSTANTIAL COMPLIANCE
WITH PREVIOUS GRANT: $ 930.00.
4. APPEALS.
A. APPLICATION TO WAIVE SECTION THIRTY-FIVE OR THIRTY-SIX OF THE
GENERAL CITY LAW WITH RESPECT TO:
(1) ONE, TWO AND THREE FAMILY RESIDENCES, PER BUILDING PERMIT:
$790.00.
(2) ALL OTHER RESIDENCES, PER BUILDING PERMIT: $1,540.00.
(3) ALL OTHER BUILDINGS AND PROPERTIES, PER BUILDING PERMIT:
$1,980.00.
B. APPEAL TO THE DEPARTMENT OF CITY PLANNING FROM OR APPLICATION FOR
REVIEW OF ANY ORDER, REQUIREMENT OR DETERMINATION OF THE COMMISSIONER OF
BUILDINGS OR OF ANY BOROUGH SUPERINTENDENT OF THE DEPARTMENT OF BUILD-
INGS; OR APPEAL TO THE BOARD OF STANDARDS AND APPEALS FROM OR APPLICA-
TION FOR REVIEW OF ANY ORDER, REQUIREMENT OR DETERMINATION OF THE FIRE
COMMISSIONER OR ANY RULE OR REGULATION OR AMENDMENT OR REPEAL THEREOF
MADE BY THE FIRE COMMISSIONER OR THE COMMISSIONER OF SMALL BUSINESS
SERVICES WITH RESPECT TO:
(1) ONE, TWO AND THREE FAMILY RESIDENCES, PER BUILDING PERMIT:
$1,260.00.
(2) ALL OTHER RESIDENCES, PER BUILDING PERMIT: $2,460.00.
(3) ALL OTHER BUILDINGS AND PROPERTIES, PER BUILDING PERMIT:
$3,160.00.
C. APPLICATION TO VEST BUILDING PERMIT UNDER THE COMMON LAW DOCTRINE
OF VESTED RIGHTS WITH RESPECT TO:
(1) ONE, TWO AND THREE FAMILY RESIDENCES, PER BUILDING PERMIT:
$940.00.
(2) ALL OTHER RESIDENCES, PER BUILDING PERMIT: $2,460.00.
(3) ALL OTHER BUILDINGS AND PROPERTIES, PER BUILDING PERMIT:
$3,160.00.
D. APPLICATION TO THE DEPARTMENT OF CITY PLANNING FOR AMENDMENT OF
PRIOR APPROVAL OF APPEALS FROM OR APPLICATION FOR REVIEW OF ANY ORDER,
REQUIREMENT OR DETERMINATION OF THE COMMISSIONER OF BUILDINGS OR OF ANY
BOROUGH SUPERINTENDENT OF THE DEPARTMENT OF BUILDINGS; OR APPLICATION TO
THE BOARD OF STANDARDS AND APPEALS OF PRIOR APPROVAL OF APPEALS FROM OR
APPLICATION FOR REVIEW OF ANY ORDER, REQUIREMENT OR DETERMINATION OF THE
FIRE COMMISSIONER OR ANY RULE OR REGULATION OR AMENDMENT OR REPEAL THER-
EOF MADE BY THE FIRE COMMISSIONER OR THE COMMISSIONER OF SMALL BUSINESS
SERVICES WITH RESPECT TO:
(1) ONE, TWO AND THREE FAMILY RESIDENCES: $920.00.
(2) ALL OTHER DEVELOPMENTS: $2,110.00.
5. APPLICATION FOR EXTENSION OF PERIOD TO COMPLETE CONSTRUCTION PURSU-
ANT TO SECTION 11-33 OF THE ZONING RESOLUTION:
A. ONE, TWO AND THREE FAMILY RESIDENCES, PER BUILDING PERMIT:
$940.00.
B. ALL OTHER RESIDENCES, PER BUILDING PERMIT: $ 3,690.00.
C. ALL OTHER BUILDINGS AND PROPERTIES, PER BUILDING PERMIT: $
4,740.00.
6. EXEMPTIONS. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF A
MUNICIPAL DEPARTMENT OR AGENCY OF THE CITY IS THE APPLICANT OR APPELLANT
BEFORE THE DEPARTMENT OF CITY PLANNING OR THE BOARD OF STANDARDS AND
APPEALS.
S. 913 7
7. OTHER. REQUEST TO OBTAIN OFF-SITE FILE OF PREVIOUS APPLICATIONS TO
THE DEPARTMENT OF CITY PLANNING OR THE BOARD OF STANDARDS AND APPEALS:
$50.00.
S 6. Subdivision 2 of section 25-204 of the administrative code of the
city of New York, as amended by local law number 49 of the city of New
York for the year 1991, is amended and a new subdivision 3 is added to
read as follows:
2. An order, requirement, decision or determination made with respect
to or under the provisions of [section 26-127] TITLE TWENTY-SIX of the
code [and article eight of subchapter three of chapter one of title
twenty-six of the code.];
3. AN ORDER, REQUIREMENT, DECISION OR DETERMINATION REGARDING THE
APPLICATION OF THE ZONING RESOLUTION AS MAY BE PROVIDED IN SUCH RESOL-
UTION AND PURSUANT TO SECTION TWO HUNDRED ONE-A OF THE NEW YORK CITY
CHARTER.
S 7. The opening paragraph of subdivision a of section 200 of the New
York city charter, as amended by a vote of the people of the city of New
York at the general election held in November of 1989, is amended to
read as follows:
Except as provided in subdivision b OF THIS SECTION, any existing
resolution or regulation of the council, the board of estimate or of the
city planning commission to regulate and limit the height and bulk of
buildings, to regulate and determine the area of yards, courts and other
open spaces, to regulate density of population or to regulate and
restrict the locations of trades and industries and location of build-
ings designed for specific uses or creating districts for any such
purpose, including any such regulation which provides that [the board of
standards and appeals] ANY COUNCIL, COMMISSION, DEPARTMENT, OFFICER OR
BOARD may determine and vary the application of such resolutions or
regulations in harmony with their general purpose and intent and in
accordance with general or specific rules contained in such regulations,
may be amended, repealed or added to only in the following manner:
S 8. The opening paragraph, paragraph 2 and subparagraph e of para-
graph 3 of subdivision (b) of section 645 of the New York city charter,
the opening paragraph and paragraph 2 as added by local law number 29 of
the city of New York for the year 1977 and subparagraph e of paragraph 3
as amended by local law number 29 of the city of New York for the year
1979, are amended to read as follows:
With respect to buildings and structures, the commissioner shall have
the following powers and duties exclusively, subject to review only [by
the board of standards and appeals] as provided by law:
(2) to require that the construction or alteration of any building or
structure, including the installation or alteration of any service
equipment therein, shall be in accordance with the provisions of law and
the rules, regulations and orders applicable thereto; but where there is
a practical difficulty in the way of carrying out the strict letter of
any provision of law relating to buildings in respect to the use of
prescribed materials, or the installation or alteration of service
equipment, or methods of construction and where equally safe and proper
materials or forms of construction may be employed in a specific case,
he may permit the use of such materials or of such forms of
construction, provided that the spirit of the law shall be observed,
safety secured and substantial justice done, but he shall have no power
to allow any variance from the provisions of any law in any respect
except as expressly allowed therein, or from any appellate ruling [of
the board of standards and appeals];
S. 913 8
e. every certificate of occupancy shall, unless and until set aside,
vacated or modified by [the board of standards and appeals or] a court
of competent jurisdiction, be and remain binding and conclusive upon all
agencies and officers of the city, and shall be binding and conclusive
upon the department of labor of the state of New York, as to all matters
therein set forth, and no order, direction or requirement affecting or
at variance with any matter set forth in any certificate of occupancy
shall be made or issued by any agency or officer of the city, or by the
department of labor of the state of New York, or any commission, board,
officer or member thereof, unless and until the certificate is set
aside, vacated or modified by [the board of standards and appeals or] a
court of competent jurisdiction upon the application of the agency,
department, commission, officer or member thereof seeking to make or
issue such order, direction or requirement. All such applications shall
be made in writing and filed with the [board or] court for hearing ther-
eon; and copies of the application and order, direction or requirement
sought to be made or issued shall be served upon the owner of the build-
ing or structure and upon the commissioner of buildings, if he is not
the applicant, and upon such terms and conditions as to service, notice,
time and place of hearing as the [board or] court shall direct;
S 9. Section 648 of the New York city charter, as amended by local law
number 39 of the city of New York for the year 2008, is amended to read
as follows:
S 648. Appeals. Appeals may be taken from decisions of the commission-
er and of a deputy commissioner or the borough superintendent acting
under a written delegation of power filed in accordance with the
provisions of section six hundred forty-two or subdivision (c) of
section six hundred forty-five of this chapter, to [the board of stand-
ards and appeals] A COURT OF COMPETENT JURISDICTION as provided by law.
S 10. Paragraph 3 of subdivision g of section 10-160 of the adminis-
trative code of the city of New York is REPEALED.
S 11. Subdivision (k) of section 24-526 of the administrative code of
the city of New York is REPEALED.
S 12. Subdivision b and paragraph 1 of subdivision c of section 25-305
of the administrative code of the city of New York are amended to read
as follows:
b. [(1)] Except in the case of any improvement mentioned in subdivi-
sion a of section 25-318 of this chapter and except in the case of a
city-aided project, no application shall be approved and no permit or
amended permit for the construction, reconstruction, alteration or demo-
lition of any improvement located or to be located on a landmark site or
in an historic district or containing an interior landmark shall be
issued by the department of buildings, and no application shall be
approved and no special permit or amended special permit for such
construction, reconstruction or alteration, where required by article
seven of the zoning resolution, shall be granted by the city planning
commission [or the board of standards and appeals], until the commission
shall have issued either a certificate of no effect on protected archi-
tectural features, a certificate of appropriateness or a notice to
proceed pursuant to the provisions of this chapter as an authorization
for such work.
(1) A copy of every application or amended application for a permit to
construct, reconstruct, alter or demolish any improvement located or to
be located on a landmark site or in an historic district or containing
an interior landmark shall, at the time of the submission of the
original thereof to the department of buildings, be filed by the appli-
S. 913 9
cant with the commission. A copy of every application, under article
seven of the zoning resolution, for a special permit for any work which
includes the construction, reconstruction or alteration of any such
improvement shall, at the time of the submission of such application or
amended application of the city planning commission [or the board of
standards and appeals, as the case may be], be filed with the commis-
sion.
S 13. Paragraph 1 of subdivision a of section 25-306 of the adminis-
trative code of the city of New York is amended to read as follows:
(1) In any case where an applicant for a permit from the department of
buildings to construct, reconstruct, alter or demolish any improvement
on a landmark site or in an historic district or containing an interior
landmark, or an applicant for a special permit from the city planning
commission [or the board of standards and appeals] authorizing any such
work pursuant to article seven of the zoning resolution, or amendments
thereof, files a copy of such application or amended application with
the commission, together with a request for a certificate of no effect
on protected architectural features, the commission shall determine: (a)
whether the proposed work would change, destroy or affect any exterior
architectural feature of the improvement on a landmark site or in an
historic district or any interior architectural feature of the interior
landmark upon which said work is to be done; and (b) in the case of
construction of a new improvement, whether such construction would
affect or not be in harmony with the external appearance of other,
neighboring improvements on such site or in such district. If the
commission determines such question in the negative, it shall grant such
certificate; otherwise, it shall deny such request.
S 14. Section 25-316 of the administrative code of the city of New
York is amended to read as follows:
S 25-316 Transmission of certificates and applications to proper city
agency. In any case where a certificate of no effect on protected archi-
tectural features, certificate of appropriateness or notice to proceed
is granted by the commission to an applicant who has filed with the
commission a copy of an application for a permit from the department of
buildings, the commission shall transmit such certificate or a copy of
such notice to the department of buildings. In any case where any such
certificate or notice is granted to an applicant who has filed an appli-
cation for a special permit with the city planning commission [or the
board of standards and appeals] pursuant to article seven of the zoning
resolution, the commission shall transmit such certificate or a copy of
such notice to the planning commission [or the board of standards and
appeals, as the case may be].
S 15. Section 27-107 of the administrative code of the city of New
York is amended to read as follows:
S 27-107 Variations. The requirements and standards prescribed in this
code shall be subject to variation in specific cases by the commission-
er, [or by the board of standards and appeals,] under and pursuant to
the provisions of paragraph two of subdivision (b) of section six
hundred forty-five [and section six hundred sixty-six] of the NEW YORK
CITY charter, as amended.
S 16. Section 28-118.17 of the administrative code of the city of New
York, as added by local law number 33 of the city of New York for the
year 2007, is amended to read as follows:
S 28-118.17 Revocation of certificates of occupancy. The commissioner
is authorized to request, in writing, pursuant to section six hundred
[forty five] FORTY-FIVE of the New York city charter that [the board of
S. 913 10
standards and appeals or] a court of competent jurisdiction revoke,
vacate, or modify a certificate of occupancy issued under the provisions
of this code whenever the certificate is issued in error, or on the
basis of incorrect information provided to the department.
S 17. Section 28-501.4 of the administrative code of the city of New
York, as added by local law number 33 of the city of New York for the
year 2007, is amended to read as follows:
S 28-501.4 Civil penalties. Any person who places or maintains a sign
on a building or premises without an appropriate permit in violation of
this article shall be liable for a civil penalty of, for a first
violation, not more than fifteen thousand dollars and, for a second or
subsequent violation, not more than twenty-five thousand dollars. Each
day's continuance shall be a separate and distinct violation. Such civil
penalties may be recovered in an action in any court of appropriate
jurisdiction or in a proceeding before the environmental control board.
Such board shall have the power to impose the civil penalties provided
for in this article. [Notwithstanding the provisions of section six
hundred sixty-six of the charter, a] A notice of violation issued by the
department pursuant to this section [28-501.4] shall not be subject to
review by the board of standards and appeals.
S 18. Section 28-502.4.3 of the administrative code of the city of New
York, as added by local law number 33 of the city of New York for the
year 2007, is amended to read as follows:
S 28-502.4.3 Certification of list. Such list shall be accompanied by
(i) a certification by an architect or engineer, co-signed by a respon-
sible officer of the outdoor advertising company, that all signs
reported on such list are in compliance with the zoning resolution; (ii)
copies of proof that the sign complies with the zoning resolution and a
certification by the sign's owner that to the best of the certifier's
knowledge and belief the information provided is accurate, or (iii) a
written opinion by the department, stating that the sign to which the
opinion refers complies with the zoning resolution. Notwithstanding any
inconsistent provision of this code, where, in accordance with the
department's rules, the department renders an opinion, determination or
decision relating to whether a sign is nonconforming or whether it is
located in proximity to an arterial highway as defined by the zoning
resolution, such decision, determination or opinion will be appealable
to [the board of standards and appeals] A COURT OF COMPETENT JURISDIC-
TION in accordance with applicable law. If a timely appeal to such
[board] COURT is taken, the department shall not issue a notice of
violation with respect to such sign pending a determination of such
appeal by such [board] COURT.
S 19. Section 28-502.6.7 of the administrative code of the city of New
York, as added by local law number 33 of the city of New York for the
year 2007, is amended to read as follows:
S 28-502.6.7 Venue. Civil penalties may be recovered in an action in
any court of appropriate jurisdiction or in a proceeding before the
environmental control board. Such board shall have the power to impose
the civil penalties provided for in this article. [Notwithstanding the
provisions of section six hundred sixty-six of the charter, a] A notice
of violation issued by the department pursuant to this article shall not
be subject to review by the board of standards and appeals.
S 20. Section 28-503.11 of the administrative code of the city of New
York, as added by local law number 33 of the city of New York for the
year 2007, is amended to read as follows:
S. 913 11
S 28-503.11 Review of order. An order of the commissioner issued
pursuant to this article shall be a final determination of the commis-
sioner for purposes of review pursuant to article seventy-eight of the
civil practice law and rules. [Notwithstanding any inconsistent
provision of paragraph (a) of subdivision six of section six hundred
sixty-six of the New York city charter, such] SUCH order shall not be
subject to review by the board of standards and appeals.
S 21. Subdivision 2 of section 36 of the general city law, as amended
by chapter 815 of the laws of 1984, is amended to read as follows:
2. A city having a population of one million or more. No public munic-
ipal street utility or improvement shall be constructed by any city
having a population of one million or more in any street or highway
until it has become a public street or highway and is duly placed on the
official map or plan, with the exception that a city may construct
improvements and provide services to any public way (mapped or unmapped)
if the public way has been open and in use to the public for a minimum
of ten years. The existence of the public way must be attested to by
documents satisfactory to the municipality, such as reports of city
agencies providing municipal services. No certificate of occupancy shall
be issued in such city for any building unless a street or highway
giving access to such structure has been duly placed on the official map
or plan, which street or highway, and any other mapped street or highway
abutting such building or structure shall have been suitably improved to
the satisfaction of the department of transportation of the city in
accordance with standards and specifications approved by such department
as adequate in respect to the public health, safety and general welfare
for the special circumstances of the particular street or highway, or,
alternately, unless the owner has furnished to the department of trans-
portation of such city a performance bond naming the city as obligee,
approved by such department, to the full cost of such improvement as
estimated by such department, or other security approved by such depart-
ment, that such improvement will be completed within the time specified
by such department. If such improvement has not been installed within
the time specified by such department, such department may declare such
performance bond or other security to be in default and shall collect,
in the name of the city, the sum remaining payable thereunder. Upon
receipt of the proceeds thereof, the city shall install such improve-
ment. If the cost of such improvement exceeds the sum remaining payable
under such bond or other security, the owner shall be liable for and
shall pay to the city, the amount of such excess. Where the enforcement
of the provisions of this section would entail practical difficulty or
unnecessary hardship, and where the circumstances of the case do not
require the structure to be related to existing or proposed streets or
highways, the applicant for such a certificate of occupancy may appeal
from the decision of the administrative officer having charge of the
issuance of certificates of occupancy to the [board of standards and
appeals or other similar board] COMMISSIONER OF THE DEPARTMENT OF CITY
PLANNING OR SUCH OTHER OFFICER OR BOARD of such city having power to
make variances or exceptions in zoning regulations, and the same
provisions are hereby applied to such appeals [and to such board] as are
provided in cases of appeals on zoning regulations. The [board] COMMIS-
SIONER OR OTHER OFFICER OR BOARD may in passing on such appeal make any
reasonable exception and issue the certificate of occupancy subject to
conditions that will protect any future street or highway layout. Any
such decision shall be subject to review under the provisions of article
seventy-eight of the civil practice law and rules. No permit shall be
S. 913 12
granted for the erection of any building or structure in such city
unless the owner has furnished to the commissioner of transportation of
such city a policy of liability insurance, marked paid, in such amounts
as may be fixed by such department, insuring, indemnifying and saving
the city harmless from any claims, suits, demands, causes of action and
judgments by reason of personal injuries sustained by any person or
persons, including death, and from any claims, suits, demands, causes of
action and judgments for damages to property, occurring on any such
street or highway giving access to or abutting such structure, up to the
date of the issuance of the certificate of occupancy or up to the date
of the completion of the improvement of such street or highway as
required by or pursuant to this section, whichever is later. In the
event that the owner is covered by such a policy of liability insurance,
the department of transportation may accept a certificate of endorsement
extending such policy to include and cover the city. Every permit
issued for the erection of any such building or structure shall contain
a statement that no certificate of occupancy will be issued with respect
to such building or structure unless a street or highway giving access
to such structure has been duly placed on the official map or plan,
which street or highway and any other mapped street or highway abutting
such building or structure shall have been suitably improved to the
satisfaction of the department of transportation of the city in accord-
ance with standards and specifications approved by such department as
adequate in respect to the public health, safety and general welfare for
the special circumstances of the particular street or highway or, alter-
nately, unless the owner has furnished to the department of transporta-
tion a performance bond naming the city as obligee, approved by such
department, sufficient to cover the full cost of such improvement as
estimated by such department, or other security approved by such depart-
ment, that such improvement will be completed within the time specified
by such department.
S 22. Notwithstanding any inconsistent provision of law to the contra-
ry, all functions, powers, duties and obligations of the board of stand-
ards and appeals of the city of New York as they related to the zoning
or building code or regulations of the city of New York shall be trans-
ferred to the department of city planning of the city of New York,
unless otherwise specified by law.
S 23. All rules, regulations, acts, orders, determinations and deci-
sions of the board of standards and appeals of the city of New York in
force at the time of such transfer and assumption, shall continue in
force and effect as rules, regulations, acts, orders, determinations and
decisions of the department of city planning of the city of New York
until duly modified or abrogated.
S 24. This act shall take effect on the ninetieth day after it shall
have become a law.