S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4985
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the New York city charter, in relation to  the  applica-
   tion of uniform land use review procedures
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision a and  subdivisions  c
 and  d  of section 197-c of the New York city charter, the opening para-
 graph of subdivision a as amended and subdivision d as added by  a  vote
 of  the  people  of the city of New York at the general election held in
 November of 1989 and subdivision c as amended by local law number 215 of
 the city of New York for the year 2019, are amended to read as follows:
   Except as otherwise provided in  this  charter,  applications  by  any
 person,  NOT-FOR-PROFIT  ORGANIZATION  or agency for changes, approvals,
 contracts, consents, permits or authorization  thereof,  respecting  the
 use,  development  or improvement of real property subject to city regu-
 lation shall be reviewed pursuant to a uniform review procedure  in  the
 following categories:
   c. The department of city planning shall be responsible for certifying
 that  applications  pursuant to subdivision a OR A-1 of this section are
 complete and ready to proceed through the uniform land use review proce-
 dure provided for in this section. The department shall not  certify  an
 application  unless  (1)  each affected borough board, borough president
 and community board has received from the department,  at  least  thirty
 days  before certification, a pre-certification notice containing infor-
 mation specified by the city planning commission,  which  shall  include
 the  project  location,  the  purpose  of  the  proposed  actions, and a
 description of the proposed actions,  sufficient  to  put  such  borough
 board,  borough president and community board on notice of the substance
 of the application, and (2) the application is substantially  consistent
 with  such  notice.  The  department  shall  publish  such notice on the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06844-01-1

 S. 4985                             2
 
 department's website within five days of the transmission of such notice
 to the affected borough board, borough president  and  community  board.
 Upon  certification  of an application, the department shall give notice
 of  such  certification  to  the  council.  If an application under this
 section has not been certified within six months after filing, both  the
 applicant  and, if the land use proposed in an application is consistent
 with the land use policy or strategic policy statement of  the  affected
 borough  president,  the affected borough president shall have the right
 at any time thereafter to appeal to the  city  planning  commission  for
 certification.  The  commission  shall promptly, but in any event within
 sixty days of the filing of such an appeal, either certify the  applica-
 tion  or  state  in  writing  what  further  information is necessary to
 complete the application. If such an appeal is brought  by  an  affected
 borough  president,  the affirmative vote of five members of the commis-
 sion shall be sufficient to certify the application.
   d. If a meeting involving a city agency,  NOT-FOR-PROFIT  ORGANIZATION
 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 affected  community  board  and  each  affected
 borough president shall receive advance notice of such meeting, and each
 shall have the right to send one representative to the meeting.
   § 2. Section 197-c of the New York city charter is amended by adding a
 new subdivision a-1 to read as follows:
   A-1.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF GENERAL OR LOCAL
 LAW, THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY TO A NOT-FOR-PROFIT
 ORGANIZATION OR CORPORATION WHICH PROVIDES OR INTENDS TO PROVIDE SHELTER
 TO HOMELESS PERSONS IRRESPECTIVE OF ANY DECLARATION OF AN EMERGENCY OR A
 FINDING OF NEED FOR IMMEDIATE ACTION.
   § 3. This act shall take effect immediately.