(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.
(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.
(1) Location. Commission public hearings shall be held at 120 Broadway, New York, New York, unless otherwise ordered by the Chair.
(2) General Character. Hearings shall be legislative type hearings, without sworn testimony, strict rules of evidence or opportunity for speakers to cross-examine one another. Only members of the Commission may question a speaker (except at a joint Commission / CEQR hearing at which officers of the lead agency and the office of Environmental Coordination may also ask questions). All persons filling out an appearance form shall be given the opportunity to speak. The chairperson may prescribe a uniform limited time for each speaker.
(3) Quorum. A public hearing shall require a quorum of a majority of the members of the Commission.
(g) Commission actions.
(1) Scope of action. The Commission shall approve, approve with modifications or disapprove each application.
(2) Vote. The Commission shall act by the affirmative roll call vote of at least seven (7) members at a public meeting, except that pursuant to subdivision h of Section 197-c of the Charter approval or approval with modifications of an application relating to a new city facility for site selection for capital projects, the sale, lease (other than the lease of office space), exchange or other disposition of the real property of the City, including sale or lease of land under water pursuant to Section 1602, Chapter 15 of the Charter or other applicable provisions of law; or acquisitions by the City of real property (other than the acquisition of office space for office use or a building for office use), including acquisition by purchase, condemnation, exchange or lease and including the acquisition of land under water pursuant to Section 1602, Chapter 15 of the Charter and other applicable provisions of law, shall require the affirmative vote of nine members of the Commission if the affected Borough President:
(i) recommends against approval of such application pursuant to subdivision g of Section 197-c of the Charter; and
(ii) has proposed an alternative location in the same borough for such new facility pursuant to subdivision f or g of Section 204 of the Charter.
(3) Commission report. A report of the Commission shall be written with respect to each application subject to this procedure on which a vote has been taken. The report shall include:
(i) a description of the certified application;
(ii) a summary of testimony at all Commission public hearings held on the application;
(iii) all community board, Borough President or borough board written recommendations concerning the application;
(iv) the consideration leading to the Commission's action, including reasons for approval and any modification of the application and reasons for rejection by the Commission of community board, Borough President or borough board recommendations;
(v) any findings and consideration with respect to environmental impacts as required by the State Environmental Quality Review Act and regulations;
(vi) the action of the Commission, including any modification of the application;
(vii) the votes of individual Commissioners;
(viii) any dissenting opinions.
(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.
(Amended City Record 3/21/2018, eff. 4/20/2018)