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(a) General provisions. Except as provided below in 62 RCNY § 2-05(b), an affected borough board may conduct a public hearing on an application and submit a written recommendation to the Commission. Such recommendation or waiver shall be submitted on the form provided not later than thirty (30) days after the filing of a recommendation or waiver with the Borough President by the last to respond of all affected community boards, or if any affected community board shall fail to act within the time period, thirty (30) days after the expiration of the time allowed for such community boards to act.
(b) Notice of hearing. Notice of the time, place and subject of a public hearing to be held by a borough board for all applications subject to this land use review procedure shall be given as follows:
(1) by publication in The City Record for the five (5) days of publication immediately preceding and including the date of the public hearing;
(2) by publication in the Comprehensive City Planning Calendar distributed not less than five (5) calendar days prior to the date of hearing;
(3) to the applicant ten (10) days prior to the date of hearing;
(4) for all actions resulting 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.
(c) Conduct of hearing.
(1) Location. A borough board public hearing shall be held at a convenient place of public assembly chosen by the board and located within the borough.
(2) General character. Hearings shall be legislative type hearings, without sworn testimony or strict rules of evidence. Only members of a borough board or persons expressly authorized by the chairperson may question a speaker. All persons appearing and wishing to speak shall be given the opportunity to speak. A borough board's hearing shall be conducted in accordance with by-laws adopted by such borough board.
(3) Quorum. A public hearing shall require a quorum of a majority of the borough board's members who are entitled to vote on the application in question. Pursuant to Section 85 of the Charter, community board members of the borough board may only vote on issues that directly affect the community district represented by such members. The minutes of the meeting at which a public hearing was held shall record the individual members present.
(4) Record. The record of a public hearing shall consist of a list of speakers' names and affiliations if any, a notation of each speaker's own indication, on the form provided for that purpose, of support or opposition to the application and any exhibits or written statements offered by speakers.
(d) Public attendance at meetings. The public may attend all meetings of a borough board at which an application for an action subject to this Chapter is to be considered or acted upon in a preliminary or final manner. A borough board may close a meeting to the public only as provided in the New York State Open Meetings Law (Public Officers Law, §§ 100 – 111).
(e) Recommendations and waivers.
(1) Quorum. The adoption of a borough board recommendation or the waiver of a public hearing and recommendation by a borough board shall require a quorum of a majority of the borough board's members entitled to vote on the application in question. Pursuant to Section 85 of the Charter, community board members of the borough board may only vote on issues that directly affect the community district represented by such member. The minutes of a meeting at which a recommendation or waiver was adopted shall record the individual members present.
(2) Vote. Adoption of a recommendation shall be by a public roll call vote which results in approval by a majority of the members entitled to vote on the application in question present during the presence of a quorum, at a duly called meeting. Pursuant to Section 85 of the Charter, community board members of the borough board may only vote on issues that directly affect the community district represented by such member.
(3) Content. A borough board recommendation shall be in writing on a form provided by the Department of City Planning and shall include a description of the application, the time and place of public hearing, the time and place of the meeting at which the recommendation was adopted and the votes of individual borough board members. The borough board may include in its submission the reasons for its vote and any conditions to the vote.
(4) Submission. A borough board shall submit its recommendation or waiver on the form promptly after adoption to the Commission and to the applicant.
(Amended City Record 3/21/2018, eff. 4/20/2018)