§ 2-06 City Planning Commission Actions.
RCNY § 2-06
(a)General provisions. The Commission shall hold a public hearing on all applications made pursuant to Section 197-c of the Charter not later than sixty (60) calendar days after the expiration of the time allowed for the filing of a recommendation or waiver with it by an affected Borough President. Following its hearing and within its applicable sixty (60) day period, the Commission shall approve, approve with modifications or disapprove such application and file its decision pursuant to 62 RCNY § 2-05(h)(4) below.
(b)Zoning text amendments pursuant to Section 200 or Section 201 of the Charter. The Commission shall hold a public hearing on an application for a zoning text amendment pursuant to Section 200 or Section 201 of the Charter. Such hearing shall be conducted in accordance with 62 RCNY § 2-06(f).
(c)Modification of application.
(1)The Commission may propose a modification of an application, including an application for a zoning text amendment pursuant to Section 200 or Section 201 of the Charter, which meets the criteria of 62 RCNY § 2-06(g) below. Such proposed modification may be based upon a recommendation from an applicant, community board, borough board, Borough President or other source. Where a modification is proposed, the Commission shall hold a public hearing on the application as referred to a community board or boards and on the proposed modification. Promptly upon its decision to schedule a proposed modification for public hearing, the Commission shall refer the proposed modification to the community board or community boards, borough board, and the affected Borough President to which the application was earlier referred, for such action as such board or boards or Borough President deem appropriate.
(2)The above provision shall not limit the Commission's ability to make a minor modification of an application.
(d)Notice of hearing. Notice of the time, place and subject of a public hearing by the Commission for all applications subject to this uniform land use review procedure, including applications for zoning text amendments pursuant to Section 200 and Section 201 of the Charter and modified applications pursuant to 62 RCNY § 2-06(c)(1) shall be given as follows: (1) by publication in The City Record beginning not less than ten (10) calendar days immediately prior to the date of hearing and continuing until the day prior to the hearing; (2) by publication in the Comprehensive City Planning Calendar distributed not less than ten (10) calendar days prior to the date of hearing; (3) by transmitting notice to the concerned community board or community boards Borough President and borough board and to the applicant not less than ten (10) calendar days prior to the date of hearing; (4) for all actions that result in acquisition of property by the City, other than by lease, whether by condemnation or otherwise, the applicant shall notify the owner or owners of the property in question by mail to the last known address of such owner or owners, as shown on the City's tax records, not later than five (5) days prior to the date of hearing. An affidavit attesting to the mailing and a copy of the notice shall be submitted to the Department of City Planning prior to the Commission's public hearing.
(e)Posting of notices for hearings on the disposition of occupied city-owned residential buildings. For any application involving disposition of a city-owned residential building, which at the time of application is occupied by tenants, the applicant shall post notice of the Commission public hearing as discussed below: (1) at least eight (8) days prior to the Commission public hearing a notice, on a form provided by the Department of City Planning, shall be posted by the applicant in the building subject to the application, informing the tenants of the proposed action and the right of the public to appear at the Commission hearing and testify; and (2) such notice shall be posted in common public space on the ground floor of the building accessible to all building tenants; and (3) the applicant will file with the Department of City Planning an affidavit attesting to the posting of the notice and date and specific location where the notice was posted. The affidavit shall be signed by the person posting the notice.
(f)Conduct of hearing.
(3)Quorum. A public hearing shall require a quorum of a majority of the members of the Commission.
(g)Commission actions.
(4)Filing of decisions of the Commission. The City Planning Commission shall file its decision with the affected Borough President and with the City Council. All filings with the Council shall include all associated community board, Borough President or borough board recommendations. The Commission shall transmit any decision to the applicant and to the community board or community boards, and borough board to which the application was referred. Filings with the City Council and Borough President shall be completed within the Commission's sixty (60) day time period.
(5)Review of Council modifications. The Commission shall receive from the City Council during its fifty (50) day period for review the text of any proposed modification to the Commission's prior approval of an action. Upon receipt the Commission shall have fifteen (15) days to review and to determine: (i) in consultation with the Office of Environmental Coordination and lead agency as necessary, whether the modification may result in any significant adverse environmental effects which were not previously addressed; and (ii) whether the modification requires the initiation of a new application. In making this determination, the Commission shall consider whether the proposed modification: (A) increases the height, bulk, envelope or floor area of any building or buildings, decreases open space, or alters conditions or major elements of a site plan in actions (such as a zoning special permit) which require the approval or limitation of these elements; (B) increases the lot size or geographic area to be covered by the action; (C) makes necessary additional waivers, permits, approvals, authorizations or certifications under sections of the Zoning Resolution, or other laws or regulations not previously acted upon in the application; or (D) adds new regulations or deletes or reduces existing regulations or zoning restrictions that were not part of the subject matter of the earlier hearings at the community board or Commission. If the Commission has determined that no additional review is necessary and that, either, no significant environmental impacts will result or that possible environmental impacts can be addressed in the time remaining for Commission and Council review, it shall so report to the Council. The Commission may also transmit any comment or recommendation with respect to the substance of the modification, and any proposed further amendment to the modification which it deems as necessary or appropriate. If the Commission has determined that the proposed modification will require a supplementary environmental review or the initiation of a new application, it shall so advise the Council in a written statement which includes the reasons for its determination.
(6)Zoning Resolution text amendments pursuant to Sections 200 and 201 of the Charter. Applications for amendments to the text of the Zoning Resolution pursuant to Section 200 or Section 201 of the Charter shall be subject to the provisions of this paragraph (g). (Amended City Record 3/21/2018, eff. 4/20/2018)
