§ 1-06.5 Hearing Notice.
RCNY § 1-06.5
After the examiners have determined that the application is substantially complete, the Board will provide the applicant with the hearing notice and related forms at least thirty (30) days before the first scheduled hearing date. In accordance with 2 RCNY § 1-10.6, the applicant must forward a copy of the hearing notice and related forms at least twenty (20) days before the first scheduled hearing date, as follows: (a) Appeal of Agency Final Determination: (1) Except as provided in paragraph (2) of this subdivision, the applicant must provide the hearing notice to the applicable administrative agency that signed the determination which is the subject of the appeal and, if applicable, the owner of the subject property.
(2)For appeals involving facilities for manufacturing, handling or storage of hazardous materials governed by the Fire Code sections listed in Appendix B, the applicant must forward a copy of the hearing notice and related forms to: (i) the affected community board(s) (and borough board, if applicable); (ii) the affected borough president; (iii) the affected city council member; (iv) the Fire Department; and (v) affected property owners as defined in 2 RCNY § 1-02. The applicant must submit the hearing notice 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 instructions to either post the hearing notice in the lobby of the property, or to notify all 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. The applicant must also comply with the procedures set forth in 2 RCNY §§ 1-05.7 and 1-05.8.
(b)Waiver pursuant to the General City Law: The applicant must provide the hearing notice to the Department of Buildings, the affected community board(s) (and borough board, if applicable), and the affected borough president.
(c)Vested Rights: The applicant must provide the hearing notice to the Department of Buildings, the affected community board(s) (and borough board, if applicable), the affected borough president, the affected council member, and the City Planning Commission. Applications to renew building permits associated with vested rights applications previously granted by the Board are not subject to this requirement.
(d)All Other Applications: All other applications on the A calendar not otherwise described in 2 RCNY § 1-06.5(a) through (c) must follow the notice procedures set forth in 2 RCNY § 1-06.5(a)(1), except for applications for the modification or revocation of a certificate of occupancy. After forwarding the hearing notice and forms to the proper entities, the applicant must provide proof of service to the Board in accordance with 2 RCNY § 1-10.7. See Appendix A for a summary of all hearing notice requirements.
