§ 4-35 Variances.
RCNY § 4-35
(a)Unless otherwise precluded by law, the Department may grant a variance from one or more of the specific provisions of 16 RCNY §§ 4-32 and 4-33 in accordance with the provisions of this section. The Department shall be precluded from granting a variance that would authorize the operation of a solid waste transfer station at a site where such use is not authorized by the Zoning Resolution or by a variance granted by the Board of Standards and Appeals. In addition, the Department shall be precluded from granting a variance from the provisions of 16 RCNY § 4-34 and, for the siting of a new transfer station, from granting a variance from the applicable buffer distance requirements from a residential district, hospital, public park or school as set forth in 16 RCNY § 4-32.
(b)An applicant for a variance shall file a written application with the Department on a form prescribed by the Department. Every application for a variance shall identify the specific provision or provisions of this subchapter from which a variance is sought.
(c)The applicant shall promptly forward a copy of the application for a variance to: (1) the Community Board of the community district in which the transfer station is located or is proposed to be located; (2) the City Council Member in whose district the transfer station is located or is proposed to be located; and (3) the Borough President of the borough in which the transfer station is located or is proposed to be located.
(d)Except as otherwise provided in subdivision (a) of this section, the Department may grant a variance to an existing, lawfully operating transfer station from one or more of the specific provisions of 16 RCNY §§ 4-32 and 4-33 only upon a determination that a proposed action requiring a variance will, when taken as a whole, result in an overall environmental benefit. An action requiring a variance may produce an overall environmental benefit if, in conjunction with the variance request, the applicant also proposes and agrees to implement measures that are more protective of the environment and exceed regulatory requirements for existing transfer stations. Such environmentally protective measures could include, but are not limited to, enclosing a non-putrescible or fill material transfer station; obtaining a reduction in the lawful daily permitted throughput capacity at a transfer station located in the same community district of an equal or greater amount; making provisions for queuing all trucks on site; and/or utilizing new technology to reduce air emissions from off-road vehicles or stationary sources used at a transfer station. In assessing the nature of the environmental benefit required for a variance, the Department will take into account unique topographic conditions that may exist in or around the transfer station that limit the potential environmental impacts of the facility.
(e)Except as otherwise provided in subdivision (a) of this section, the Department may grant a variance for a new transfer station only from the applicable buffer distance requirements from another transfer station and only if (1) the new transfer station is located in an M2 and/or M3 district; (2) the new transfer station proposes and agrees to implement measures that are protective of the environment and exceed regulatory requirements for new transfer stations. Such environmentally protective measures could include, but are not limited to, enclosing a non-putrescible or fill material transfer station if not otherwise lawfully required; obtaining a reduction in the lawful daily permitted throughput capacity at a transfer station located in the same community district of an equal or greater amount if not otherwise lawfully required; and/or utilizing new technology to reduce air emissions from off-road vehicles or stationary sources used at a transfer station; and (3) the action for which the variance is required will not result in any significant adverse environmental impact.
