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§ 1-09.4 Owner's Authorization.
Every owner of record on a zoning lot which is the subject of an application must execute and submit the Board's Affidavit of Ownership and Authorization form. The form may be completed by the owner or any other entity or person legally authorized to act for such owner.
If the applicant is not the owner, the applicant must submit the Affidavit of Ownership and Authorization form signed by the owner(s) of record authorizing the applicant to file the application. However, an applicant appealing a final agency determination who is not the owner of the subject property is not required to submit an Affidavit of Ownership and Authorization form.
§ 1-10 Application Pre-Hearing Review.
§ 1-10.1 Calendar Number.
Each properly filed complete application will be numbered serially in the order received. The calendar numbers will begin anew on January 1st of each year, and will be hyphenated with the number of the year and the corresponding suffix (BZ, A, or BZY) indicating the type of application. The original calendar number will be used for an application to reopen or amend a previous case for the same property on the SOC or A calendar. In certain instances, a new calendar number may be required in lieu of the original calendar number for reinstatement applications.
§ 1-10.2 Examiner's Review.
After the application receives a calendar number, the designated examiner will review the application and issue a notice of comments to the applicant, and the applicant must respond with the necessary revisions to the application in a timely manner. When the examiner finds that the application is substantially complete, the applicant will be notified of the date on which the application is scheduled for public hearing.
§ 1-10.3 Site Inspection.
Commissioners may visit sites that are the subject of an application. The Chair may create committees of commissioners or commissioners and staff for specific site visits. Any committee appointed by the Chair will report its findings to the Board. In any application in which the Chair deems it necessary, a member of the Board may enter, inspect, and examine the premises which is the subject of the application, in accordance with Section 667 of the Charter (Inspections).
§ 1-10.4 Hearing Calendar.
The Board will issue a hearing calendar at least five (5) days before the date of the scheduled hearing. The hearing calendar will identify the date and time of the hearing and list each application to be heard by calendar number, applicant, and property address. Such calendar will be posted in the Bulletin and on the Board's website.
(Amended City Record 9/15/2021, eff. 9/15/2021)
§ 1-10.5 Board Publication of Hearing Notice.
The Board will publish a hearing notice, including the hearing date and subject matter, for applications filed on the BZ, A, and SOC calendars in the City Record at least twenty (20) days before the hearing date.
§ 1-10.6 Application Referral and Hearing Notice.
The applicant must forward copies of a filed application and hearing notice to individuals and entities required by these Rules by regular mail, certified mail, express delivery service, personal delivery, or by another means acceptable to the Board as indicated by the applicable instructions on the Board's website.
All materials required to be provided to the affected community board(s) (and borough board, if applicable), and the City Planning Commission must be addressed to the respective chairperson. Individuals or entities, including the affected community board(s) (and borough board, if applicable), will be deemed to have received a referred application on the day of personal delivery or five (5) calendar days after the date of the mailing of the application to such individuals or entities.
See Appendix A for a summary of application referral and hearing notice requirements.
(Amended City Record 9/15/2021, eff. 9/15/2021)
§ 1-10.7 Proof of Service for Application Referral and Hearing Notice.
The applicant must demonstrate proof of service of an application referral or hearing notice, in accordance with 2 RCNY § 1-10.6, by submitting to the Board: (1) the completed form of Proof of Notification of Hearing; and (2) a U.S. Postal Service receipt if by regular mail, a signed U.S. Postal Service receipt if by certified mail, a receipt if by express delivery service, an affidavit of service if by personal delivery, or such evidence required by the applicable instructions on the Board's website if by another means.
The applicant must submit to the Board proof of service of the application referral within ten (10) days of the initial filing. The applicant must submit to the Board proof of service of the hearing notice within ten (10) days of the date of the mailing or personal delivery.
See Appendix A for a summary of proof of service requirements.
(Amended City Record 9/15/2021, eff. 9/15/2021)
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