Staff: Committee on Housing and Buildings
Laura Rogers, Counsel
Edward Atkin, Legislative Analyst
Benjamin J. Goodman, Senior Legislative
Policy Analyst
Committee on Land Use
Gail Benjamin, Director
Christian Hylton, Deputy General Counsel
Amy Levitan, Project Manager
THE COUNCIL
REPORT OF THE INFRASTRUCTURE AND LAND USE DIVISIONS
ROBERT NEWMAN, LEGISLATIVE DIRECTOR
GAIL BENJAMIN, LAND USE DIRECTOR
COMMITTEE ON HOUSING AND BUILDINGS
Hon. Erik Martin Dilan, Chair
COMMITTEE ON LAND USE
Hon. Leroy Comrie, Chair
May 2, 2012
INT. NO. 20:
By Council Members Mendez, Brewer,
Koppell, Lander, Lappin, Mark-Viverito,
Williams, Gentile, Arroyo, Vacca, Dromm,
Koslowitz, Crowley, Sanders Jr., Rose,
Garodnick, Chin, Dickens and Oddo
TITLE:
A Local Law to amend the administrative code of
the city of New York, in relation to work permits
previously issued by the department of buildings
when a property is designated as a landmark.
ADMINISTRATIVE CODE:
Amends Chapter 3 of title 25 by adding a new
section 25-309.1 and amends section 25-313, 25321 of such title and amends section 28-104.2.1 and
adds new sections 28-104.9 and 28-207.2.4.2 to title
28.
1
James,
Palma,
Mealy,
Fidler,
INT. NO. 80:
By Council Members Koppell, Brewer, Gentile,
James and Nelson
TITLE:
A Local Law to amend the administrative code of
the city of New York in relation to requiring
regulating construction operations occurring near
landmarks.
BUILDING CODE:
Amends Chapter 33 by amending Section 3302.1
and by adding new sections 3309.1.1, 3309.3.1 and
by adding new subsections 3309.12, 3309.12.1,
3309.12.1.1, 3309.12.1.2, 3309.12.2, 3309.12.2.1,
and 3309.12.2.2.
INT. NO. 220:
By Council Members Lappin, Comrie, Mendez,
Nelson, Vann and Halloran
TITLE:
A Local Law to amend the administrative code of
the city of New York in relation to establishing a
survey division within the Landmarks Preservation
Commission.
ADMINISTRATIVE CODE:
Amends section 25-303 by re-lettering the existing
subdivisions as subdivisions b through l and adds
new subdivision a.
PROPOSED INT. NO. 222-A:
By Council Members Lappin, Lander, Brewer,
Chin, Comrie, Mendez, Van Bramer, Williams and
Halloran
TITLE:
A Local Law to amend the administrative code of
the city of New York, in relation to timely
consideration of requests for evaluation by the
Landmarks Preservation Commission.
ADMINISTRATIVE CODE:
Amends section 25-302 of title 25 by adding new
subdivisions b-1, v-1, v-2 and w-1.
INT. NO. 357:
By The Public Advocate (Mr. De Blasio) and
Council Members James, Lander, Palma, Sanders
Jr., Seabrook, Williams, Rodriguez, Mendez, Van
Bramer and Halloran
TITLE:
A Local Law to amend the administrative code of
the city of New York, in relation the use of green
technologies in landmarked buildings.
2
ADMINISTRATIVE CODE:
Amends section 25-302 of title 25 by adding a new
subdivision p-1.
PROPOSED INT. NO. 532-A:
By Council Members Garodnick, Cabrera, Fidler,
Gentile, James, Mendez, Palma, Van Bramer, Vann,
Williams, Mark-Viverito, Sanders Jr., Koo and
Halloran
TITLE:
A Local Law to amend the administrative code of
the city of New York, in relation to requiring the
landmarks preservation commission to maintain a
publicly available database for requests for
evaluation.
ADMINISTRATIVE CODE:
Amends section 25-320 of title 25 by lettering the
existing section as subdivision a and adds new
subdivisions b and c.
INT. NO. 533:
By Council Members Garodnick, Barron, Cabrera,
Chin, Fidler, James, Mendez, Nelson, Palma,
Seabrook, Van Bramer, Vann, Williams and Koo
TITLE:
A Local Law to amend the administrative code of
the city of New York, in relation to requiring the
Landmarks Preservation Commission to make
available a list of energy-efficient windows.
ADMINISTRATIVE CODE:
Amends section 25-310 of title 25 by adding a new
subdivision f.
INT. NO. 845-A:
By Council Member Comrie
TITLE:
A Local Law to amend the administrative code of
the city of New York, in relation to allowing owners
of landmarked properties to use the same or similar
materials in maintenance of their property .
ADMINISTRATIVE CODE:
Amends section 25-311 of title 25 adding a new
subdivision e.
INT. NO. 846:
By Council Member Comrie
TITLE:
A Local Law to amend the administrative code of
the city of New York, in relation to additional
guidelines and procedures to the designation
process for a landmark, interior landmark, scenic
landmark and historic district.
ADMINISTRATIVE CODE:
Amends section 25-303 of title 25 by re-lettering
3
subdivisions c through k as subdivisions e through
m, respectively, by adding new subdivisions c and d
and by amending the new subdivision i; amends
subdivision b of section 25-313.
INT. NO. 849:
By Council Member Lander
TITLE:
A Local Law to amend the administrative code of
the city of New York, in relation to in relation to
requiring the landmarks preservation commission to
allow denied requests for evaluation to be
nominated to the landmarks preservation
commission entire body for a vote.
ADMINISTRATIVE CODE:
Amends Chapter 3 of title 25 by adding a new
section 25-324.
INT. NO. 850:
By Council Member Lander
TITLE:
A Local Law to amend the administrative code of
the city of New York, in relation to requiring the
landmarks preservation commission to create a
timeline for the designation process.
ADMINISTRATIVE CODE:
Amends Chapter 3 of title 25 by adding a new
section 25-323.
BACKGROUND AND INTENT:
On May 2, 2012, the Committee on Housing and Buildings chaired by Council
Member Erik Martin Dilan and the Committee on Land Use chaired by Council Member Leroy
Comrie has been convened to conduct a joint hearing on a package of legislative items related to
landmarks and the landmark designation process. In the City of New York, the Landmarks
Preservation Commission (LPC) is the agency responsible for designating and regulating
“landmarks, portions of landmarks, landmark sites, interior landmarks, scenic landmarks and
historic districts.”1
1
Pursuant to Section 3020 of the Charter of the city of New York (the Charter).
4
Within 10 days of making a designation the LPC must file a copy of such designation
with the City Planning Commission and the Council.2 Within 60 days after such filing the City
Planning Commission (CPC) must file with the Council “a report with respect to the relation of
any such designation, whether of a historic district or a landmark, to the zoning resolution,
projected public improvements, and any plans for the development, growth, improvement or
renewal of the area involved.”3 All such designations are subject to affirmation, modification,
and disapproval votes by the Council within 120 days after LPC files the designation with the
Council so long as the CPC has filed their report with the Council or 60 days have elapsed since
the filing of the designation with the Council by LPC.4 Following a disapproval or modification
vote by the Council the Mayor is prescribed 5 days for which he or she can issue a disapproval
message.5 Such disapproval is subject to override by a two-thirds vote of the Council within 10
days of the filing by the Mayor of such disapproval message.6
At today’s hearing, the Committees expect to hear testimony from representatives of the
Department of Buildings (DOB or Department) and the LPC, as well as landmark advocates,
property owners, tenants, and other persons interested in the matters before the Committees.
Int. No. 20
Bill section 1 amends chapter 3 of title 25 of the Administrative Code by adding a new
section 25-309.1 with three subdivisions.
Subdivision a of the new section allows applicants for permits from the Department of
Buildings related to a property calendared for a public hearing by the Landmarks Preservation
Commission for consideration as a landmark, interior landmark, or that is within a proposed
2
Pursuant to paragraph 8 of Section 3020 of the Charter.
Id.
4
Pursuant to paragraph 9 of Section 3020 of the Charter
5
Id.
6
Id.
3
5
historic district to request from the Commission a “certificate of no effect on protected
architectural features.” The provisions of section 25-306 shall apply to such requests as if the
landmark, historic district, or interior landmark had been designated.
Subdivision b of the new section provides that applicants denied a certificate of no effect
under subdivision a may request a “certificate of appropriateness.” The provisions of sections 25307, 25-308, and 25-309 shall apply to such requests as if such landmark, historic district, or
interior landmark had been designated.
Subdivision c of the new section provides that certificates of no effect and certificates of
appropriateness issued by the Commission under this section prior to designation of a landmark
or historic district shall have the same effect as certificates of no effect and certificates of
appropriateness issued after designation of a landmark or historic district.
Bill section 2 amends section 25-313 of the Administrative Code by adding a new
subdivision e requiring that the Commission give written notice to the Department of Buildings
of every property calendared for a hearing by the Commission for consideration as a landmark,
interior landmark, or that is within a proposed historic district. The Commission shall also give
written notice to the Department of all landmark, landmark site, interior landmark, scenic
landmark, and historic district designations within 3 days of the effective date of such
designation.
Bill section 3 amends section 25-321 of the Administrative Code so that the provisions of
chapter 3 of title 25 apply to construction, reconstruction, alteration, or demolition of any
improvement on a landmark site or in a historic district or containing an interior landmark or of
any landscape feature of a scenic landmark on the effective date of the designation, or amended
or modified designation, pursuant to section 25-303, first making the provisions of this chapter
6
applicable to such improvement or landscape feature or to the improvement parcel or property in
which such improvement or landscape feature is or is to be located.
Bill section 4 amends section 28-104.2.1 of the Administrative Code requiring that
construction documents relating to property calendared for a public hearing by the Commission
for consideration as a landmark site or interior landmark, or that is within a proposed historic
district be fully examined by the Department of Buildings prior to approval of such plans by the
Department. Upon receipt by the Department from the Commission of a notice that a property
has been so calendared, the Department shall fully examine the construction documents related
to the properties identified in such notice where building permits have been issued and have not
expired.
Bill section 5 amends section 28-104 of the Administrative Code by adding a new section
28-104.9 requiring the commissioner of the Department of Buildings, within 3 days of receipt of
an application for a permit for the construction, reconstruction, alteration, or demolition of an
improvement on a property calendared for a public hearing by the Commission, to forward a
copy of such application to the chairperson of the Commission.
Bill section 6 amends section 28-207 by adding a new section 28-207.2.4.2 requiring the
Department of Buildings to revoke all building permits and to issue stop work orders for the
construction, reconstruction, alteration, or demolition of any improvement on a landmark site or
in a historic district or containing an interior landmark or of any landscape feature of a scenic
landmark where the construction documents for such permit do not include a certificate of no
effect on protected architectural feature or a certificate of appropriateness. An appeal to reinstate
a building permit may be made to the Board of Standards and Appeals not more than 30 days
after the designation of the landmark or historic district that caused such permit to be revoked
7
has been made final pursuant to section 25-303(g). The Board of Standards and Appeals may
rescind the stop work order and authorize an extension of time on the building permit sufficient
to allow the completion of the work authorized if the Board finds that substantial performance
and substantial expenditures have been made in furtherance of such permit.
Bill section 7 contains the enactment clause and provides that sections 1 and 2 of the
proposed legislation shall take effect immediately upon enactment, and that sections 3, 4, 5, and
6 shall take effect 90 days after enactment.
Int. No. 80
Bill section 1 amends section 3302.1 of the Building Code by adding a new definition for
“historic structure,” which is a “structure that is a designated New York city landmark, or located
within a historic district, or listed on the national register of historic places.”
Bill section 2 amends chapter 33 of the Building Code by adding a new section 3309.1.1
providing that a historic structure is “adjoining” if it is either contiguous to or within a lateral
distance of 150 feet from a lot for which a building permit is sought.
Bill section 3 amends chapter 33 of the Building Code by adding a new section 3309.3.1
requiring that physical examinations of historic structures consist of a complete pre-construction
survey including an ambient vibration survey conducted over a 15-day interval.
Bill section 4 amends section BC 3309 of the Building Code by adding a new section
3309.12 requiring that the Department of Buildings receive a pre-construction condition survey
before approving any plan for the protection of adjoining historic structures. The survey is not
required where license to enter the adjoining historic structure has not been granted.
Bill section 5 amends section BC 3309 of the Building Code by adding a new section
3309.12.1 requiring that persons causing construction or demolition operations within 150 feet
8
from historic structures hire a “historic preservation manager.” Such managers must be
registered design professionals with at least 2 years of experience working on major buildings.
Bill section 6 amends section BC 3309 of the Building Code by adding a new section
3309.12.1.1 describing the responsibilities of historic preservation managers. Such managers
must conduct pre-construction condition surveys of all adjoining historic structures, draft plans
of protection for such structures, and monitor construction and demolition operations to ensure
that plans of protection are carried out and that adjoining historic structures remain unharmed.
Bill section 7 amends section BC 3309 of the Building Code by adding a new section
3309.12.1.2 providing that, upon violation of a plan of protection or the harming of an adjoining
historic structure, the historic preservation manager shall immediately inform the Department of
Buildings. The Department shall, whenever it receives notice of harm to adjoining historic
structure from the historic preservation manager, the owner of a historic structure, or the relevant
community board, immediately issue a stop-work order. Such order shall stay in effect until the
situation is remedied to the satisfaction of the Department.
Bill section 8 amends section BC 3309 of the Building Code by adding a new section
3309.12.2 requires that applicants for building permits submit plans of protection for any
adjoining historic structures. Such plan must describe in detail the procedures and precautions
that will be used during development to ensure that the adjoining historic structure will remain
unharmed.
Bill section 9 amends section BC 3309 of the Building Code by adding a new section
3309.12.2.1 providing that the Department of Buildings and the Landmarks Preservation
Commission shall review protection plans.
9
Bill section 10 amends section BC 3309 of the Building Code by adding a new section
3309.12.2.2 providing that the Department of Buildings shall forward approved protection plans
to the owners of adjoining historic structures and to the relevant community board.
Bill section 11 contains the enactment clause and provides that the proposed legislation
shall take effect 90 days after enactment.
Int. No. 220
Bill section1amends (and re-letters) section 25-303 of the Administrative Code by adding
a new subdivision establishing a “survey division” within the Landmarks Preservation
Commission. The division shall have the responsibility to conduct periodic and ongoing
assessments of improvements, exterior architectural features, interiors, interior architectural
features, landscape features, or other features or improvements that have a special character or
special historical or aesthetic value. The division shall also recommend to the Commission
designation of landmarks, interior landmarks, scenic landmarks, and historic districts.
Bill section 2 contains the enactment clause and provides that the proposed legislation
shall take effect immediately.
Proposed Into. No. 222-A
Bill section 1 amends section 25-302 of the Administrative Code to add new
subdivisions containing definitions relevant to the proposed legislation:
New subdivision b-1 defines “calendaring” to be the process by which the Landmarks
Preservation Commission determines a hearing date for a proposed landmark, historic district, or
scenic corridor.
10
New subdivision v-1 defines a “request for evaluation” to be a document submitted to the
Commission for consideration of designating a landmark, interior landmark, historic district, or
scenic landmark.
New subdivision v-2 defines “request for evaluation committee” to be the chairman,
executive director, chief of staff, and director of research of the Commission.
New subdivision w-1 defines “submitter” to be the person or body filing a request for
evaluation.
Bill section 2 amends section 25-303 of the Administrative Code by adding two new
subdivisions requiring that requests for evaluation proposing landmark designations must be
submitted to the request for evaluation committee within 120 days of receipt by the Commission
and all recommendations of such committee must be promptly reported in writing to the full
Commission. Alternatively, a request for evaluation may be submitted to the request for
evaluation committee within 180 days if the submitter is given written notice of such extension
within 30 days of receipt by the Commission.
Bill section 3 contains the enactment clause and provides that the proposed legislation
shall take effect immediately.
Int. No. 357
Bill section 1 sets forth legislative findings and describes the intent of the proposed
legislation.
Bill section 2 amends section 25-302 of the Administrative Code by adding a new
subdivision p-1 that defines “mechanical equipment” to include “heating, venting and air
conditioning equipment, alternative or distributed energy equipment, such as solar panels, wind
turbines, or micro-turbines, water tanks and their supporting structures, satellite dishes, stair and
11
elevator bulkheads, screens, dunnages, baffles, unenclosed decks, garden trellises or other
associated railings and other accessory installation.” Mechanical equipment does not, however,
include telecommunication equipment and conventional television antennas.
Bill section 3 contains the enactment clause and provides that the proposed legislation
shall take effect 90 days after enactment, except that the Landmark Preservation Commission
shall take all actions necessary for its implementation, including the promulgation of rules, prior
to such effective date.
Proposed Int. No. 532-A
Bill section 1 amends section 25-320 of the Administrative Code by making the existing
section into a subdivision a and by adding two new subdivisions:
New subdivision b requires the Landmarks Preservation Commission to create and
maintain online a publicly available database listing all requests from the public for evaluation of
the architectural, historical, or cultural significance of properties in the city. Such listing must
include the name or organization of the requestor, the address of the property to be evaluated, the
current status of the request, and the resolution of the request. The database must also contain a
summary of the aggregate number of all requests for evaluation that have been processed and
their status must be posted.
New subdivision c requires that the Commission respond, in its final response to a
request for evaluation, with either “accepted for further study,” “not recommended for further
study at this time,” “need more information from applicant,” or “need 60 more days to respond to
request.”
Bill section 2 contains the enactment clause and provides that the proposed legislation
shall take effect 60 days after enactment.
12
Int. No. 533
Bill section 1 amends section 25-310 of the Administrative Code by adding a new
subdivision f requiring the Landmarks Commission to post online a list of energy-efficient
windows deemed acceptable and which, if used, will not be deemed to change, destroy, or effect
exterior architectural features.
Bill section 2 contains the enactment clause and provides that the proposed legislation
shall take effect 60 days after enactment.
Int. No. 845-A
Bill section 1 amends section 25-311 of the Administrative Code by adding a new
subdivision e providing that improvements to a designated landmark or interior landmark or
property located within a historic district that require ordinary repairs and maintenance, minor
work, or approval under sections 25-306, 25-307, 25-308, or 25-309, may be performed with “in
kind materials” for features as reflected at the time of the designation. “In kind materials” is
defined as the same or similar materials as used at the time of designation, used in the same or
similar manner and location.
Bill section 2 contains the enactment clause and provides that the proposed legislation
shall take effect immediately.
Int. No. 846
Bill section 1 amends (and re-letters) section 25-303 of the Administrative Code by
adding new subdivisions c and d and by amending re-lettered subdivision i:
New subdivision c provides that in order to consider a landmark, interior landmark,
scenic landmark, or historic district, the Landmarks Preservation Commission must first approve,
by a majority vote, a motion to place it on the public calendar for hearing. At the time of such
13
calendaring, the Commission must make publicly available a draft designation report setting
forth the special character or special historical or aesthetic interest or value of such proposed
landmark, interior landmark, scenic landmark, or historic district. In the case of a historic district,
the Commission must also make publicly available information identifying each building or
structure within the historic district and, at a minimum, its proposed style designation, significant
alterations, and the extent to which it exhibits the special character, special historical, aesthetic
interest, or value of the proposed historic district, as well as a rationale for the proposed
boundaries of such district.
New subdivision d authorizes the Commission to promulgate rules regulating
construction, reconstruction, alteration, and demolition pursuant to 25-305 in any designated
historic district within 90 days after such designation.
Paragraph (1) of newly re-lettered subdivision i (formerly subdivision g) is amended so
that the report the Commission must file with the Council pertaining to the designation of a
landmark or historic district must also include an analysis of the impact of such designation on
the development, growth, improvement, renewal, or economic development of the area involved,
including both public and private development. The report must also analyze the impact of the
designation on public health, safety, and general welfare, and shall specifically consider the
relationship between the development potential of all properties affected by the designation, both
public and private, and the existing development of such properties at the time of designation.
Paragraph (2) of newly re-lettered subdivision i is amended so that Council’s
modification or disapproval of any Commission designation may be made on the basis of the
special character, special historical, aesthetic interest, or value of a proposed landmark or historic
district; of facts regarding buildings or structures within a historic district; of the relation of such
14
designation to the zoning resolution, projected public improvements, plans for the development,
growth, improvement, or renewal of the area involved; of the public health, safety, and general
welfare; and shall specifically consider the relationship between the development potential of
affected properties, both public and private, and the existing development of such properties at
the time of designation.
Bill section 2 amends subdivision b of section 25-313 of the Administrative Code and
requires that, at public hearings on designations pursuant to section 25-303, presentation of facts
and views by those desiring to be heard may include testimony and evidence related to the
economic impact of the proposed designation or any other issues related to the City Planning
Commission or Council review as set forth in 25-303(g)(1) and (2), and this testimony or
evidence shall be part of the record considered by the City Planning Commission and the
Council.
Bill section 3 contains the enactment clause and provides that the proposed legislation
shall take effect immediately.
Int. No. 849
Bill section 1 amends chapter 3 of title 25 of the Administrative Code by adding a new
section 25-324 establishing an appeals process for requests for evaluation submitted to the
Landmarks Preservation Commission.
New subdivision a provides that where a request for evaluation is determined “not
accepted for study at this time,” a completed application may be nominated by a Landmarks
15
Commissioner or a motion in favor of designation may be made by the relevant community
board or borough board for consideration by the full Commission. If such application is
nominated or such motion is approved, the Commission must vote in favor or in opposition to
calendaring the submission for consideration. Any determination by the Commission in
opposition is a final action.
New subdivision b authorizes the Commission to promulgate rules defining criteria for a
completed application.
Bill section 2 contains the enactment clause and provides that the proposed legislation
shall take effect immediately.
Int. No. 850
Bill section 1 amends chapter 3 of title 25 of the Administrative Code by adding a new
section 25-323 with four subdivisions.
New subdivision a requires the Landmarks Preservation Commission to determine the
eligibility of a request for evaluation that has been accepted for further study within an eight
month period for individual landmarks and within eighteen months for historic districts and
scenic landmarks. The Commission or an authorized committee of the Commission can, with a
vote, extend the study period by four months for individual landmarks and six months for a
historic district.
New subdivision b requires the Commission to calendar a hearing to designate a
landmark within six months of mailing notice to the owner. After calendaring an application, the
Commission will have two months to hold a hearing. If more than one hearing is required, the
Commission or an authorized committee of the Commission can extend the consideration period
for three months.
16
New subdivision c provides that if no action is taken in accordance with new subdivision
b, then the Department of Buildings must act on all permit applications for properties indicated
within a landmark application.
New subdivision d provides that, for applications undecided on the effective date of this
proposed legislation and which have had a two year lapse between an initial public hearing and
final action, the Commission must take final action on the underlying request for evaluation by
July 1, 2013, if a request is made in writing by the owner of the property.
Bill section 2 contains the enactment clause and provides that the proposed legislation
shall take effect immediately.
17
18
Int. No. 20
By Council Members Mendez, Brewer, James, Koppell, Lander, Lappin, Mark-Viverito, Palma,
Williams, Gentile, Arroyo, Vacca, Dromm, Mealy, Koslowitz, Crowley, Sanders Jr., Rose,
Fidler, Garodnick, Chin and Oddo
A Local Law to amend the administrative code of the city of New York, in relation to work
permits previously issued by the department of buildings when a property is designated as a
landmark.
Be it enacted by the Council as follows:
Section 1. Chapter 3 of title 25 of the administrative code of the city of New York is
amended by adding a new section 25-309.1 to read as follows:
§25-309.1 Requests by calendared improvements. a. An applicant for a permit from the
department of buildings to construct, reconstruct, alter or demolish any improvement on a
property that has been calendared for a public hearing by the commission for consideration as
landmark site or interior landmark, or is within the proposed boundaries of a historic district that
is under consideration by the commission, may request from the commission a certificate of no
effect on protected architectural features. The provisions of section 25-306 of this chapter shall
apply to such requests as if such landmark site, historic district, or interior landmark had been
designated.
b. An applicant for a permit from the department of buildings to construct, reconstruct,
alter or demolish any improvement on a property that has been calendared for a public hearing
by the commission for consideration as a landmark site or interior landmark, or is within the
proposed boundaries of a historic district that is under consideration by the commission, and an
applicant for a certificate of no effect on protected architectural features filed pursuant to
subdivision a of this section that was denied, may request a certificate of appropriateness. The
provisions of sections 25-307, 25-308 and 25-309 of this chapter shall apply to such requests as
19
if such landmark site, historic district, or interior landmark had been designated.
c. Certificates of no effect on protected architectural features and certificates of
appropriateness issued by the commission pursuant to this section prior to the designation of the
landmark site, historic district, or interior landmark for which they have been issued shall have
the same force and effect as certificates of no effect on protected architectural features and
certificates of appropriateness that may be issued after the designation of the landmark site,
historic district, or interior landmark.
§2. Section 25-313 of the administrative code of the city of New York is amended by
adding a new subdivision e to read as follows:
e. The commission shall give written notice to the department of buildings of every
property that has been calendared for a public hearing by the commission for consideration as a
landmark site or interior landmark, or is within the proposed boundaries of a historic district that
is under consideration by the commission. The commission shall, furthermore, give written
notice to the department of buildings of all landmark, landmark site, interior landmark, scenic
landmark and historic district designations within three days of the effective date of such
designation.
§3. Section 25-321 of the administrative code of the city of New York is amended to read
as follows:
§25-321 Applicability. The provisions of this chapter shall be [inapplicable] applicable to
the construction, reconstruction, alteration or demolition of any improvement on a landmark site
or in a historic district or containing an interior landmark, or of any landscape feature of a scenic
landmark, [where a permit for the performance of such work was issued by the department of
buildings, or, in the case of a landscape feature of a scenic landmark, where plans for such work
20
have been approved, prior to] on the effective date of the designation, or amended or modified
designation, pursuant to the provisions of section 25-303 of this chapter, first making the
provisions of this chapter applicable to such improvement or landscape feature or to the
improvement parcel or property in which such improvement or landscape feature is or is to be
located.
§4. Section 28-104.2.1 of the administrative code of the city of New York is amended to
read as follows:
§28-104.2.1 Less than full examination of construction documents. The commissioner
may, in the commissioner’s discretion, establish a program whereby construction documents
may be accepted with less than full examination by the department based on the professional
certification of an applicant who is a registered design professional.
Exception: No portion of construction documents relating to property that has been
calendared for a public hearing by the commission for consideration as a landmark site or
interior landmark, or is within the proposed boundaries of a historic district that is under
consideration by the commission may be approved unless that portion has received a full
examination by the department.
Upon receipt by the department from the landmarks
preservation commission of a notice that a property has been calendared for public hearing, the
department shall give a full examination to the construction documents relating the to property or
properties identified in such notice where building permits have been issued and have not
expired.
§5. Section 28-104 of the administrative code of the city of New York is amended by
adding a new section 28-104.9 to read as follows:
§28-104.9 Notice. The commissioner shall, within three business days of receipt of an
21
application for a permit for the construction, reconstruction, alteration or demolition of an
improvement on a property that has been calendared for a public hearing by the landmarks
preservation commission, forward a copy of such application to the chairperson of the landmarks
preservation commission.
§6. Section 28-207 of the administrative code of the city of New York is amended by
adding a new section 28-207.2.4.2 to read as follows:
§28-207.2.4.2 Designated landmarks. The department shall revoke all building permits
and shall issue a stop work order for the construction, reconstruction, alteration or demolition of
any improvement on a landmark site or in a historic district or containing an interior landmark,
or of any landscape feature of a scenic landmark where the construction documents for such
permit do not include a certificate of no effect on protected architectural features or a certificate
of appropriateness. An appeal to reinstate a building permit may be made to the board of
standards and appeals not more than thirty days after the designation of the landmark site,
interior landmark, historic district or scenic landmark that caused such permit to be revoked has
become final pursuant to section 25-303(g) of this code. The board of standards and appeals may
rescind the stop work order and authorize an extension of time on the building permit sufficient
to allow the completion of the work authorized by the permit, provided that the board of
standards and appeals finds that substantial performance and substantial expenditures have been
made in furtherance of such permit prior to the effective date.
§7. Sections one and two of this local law shall take effect immediately upon enactment
and sections three, four, five and six of this local law shall take effect ninety days after their
enactment.
JTB
1/12/10
Int 542/2007
22
Int. No. 80
By Council Members Koppell, Brewer, Gentile, James and Nelson
A Local Law to amend the administrative code of the city of New York, in relation to regulating
construction operations occurring near landmarks.
Be it enacted by the Council as follows:
Section 1. Section 3302.1 of the building code of the city of New York is amended by
adding the following:
HISTORIC STRUCTURE. A structure that is a designated New York city landmark, or
located within a historic district, or listed on the national register of historic places.
§2. Chapter 33 of the building code of the city of New York is amended by adding a new
section 3309.1.1 to read as follows:
§3309.1.1 Adjoining historic structures. A historic structure shall be considered adjoining
for all purposes in this code if it is contiguous to or within a lateral distance of one hundred fifty
feet from a lot for which a permit is sought.
§3. Chapter 33 of the building code of the city of New York is amended by adding a new
section 3309.3.1 to read as follows:
§3309.3.1 Additional requirements for historic structures. The physical examination of a
historic structure shall consist of a complete pre-construction survey including an ambient
vibration survey conducted over a fifteen-day interval.
§4. Section 3309 of chapter 33 of the building code of the city of New York is amended
by adding a new subsection 3309.12 to read as follows:
§3309.12 Protection of historic structures. The department shall not issue a permit for
construction or demolition until it has received a pre-construction condition survey and the
department has approved a plan of protection for each historic structure adjoining a lot for which
23
such permit is sought, or a certification from the applicant that there are no historic structures
adjoining such lot.
Exception: Where license to enter the adjoining historic structure has not been granted.
§5. Section 3309 of chapter 33 of the building code of the city of New York is amended
by adding a new subsection 3309.12.1 to read as follows:
§3309.12.1 Historic preservation manager. When construction or demolition operations
are conducted within a lateral distance of one hundred fifty feet from a historic structure the
person causing such construction or demolition operations shall hire a historic preservation
manager. Such historic preservation manager shall be a registered design professional with a
minimum of two years of experience supervising work on major buildings as that term is defined
in this chapter.
§6. Section 3309 of chapter 33 of the building code of the city of New York is amended
by adding a new subsection 3309.12.1.1 to read as follows:
§3309.12.1.1 Responsibility. It shall be the responsibility of the historic preservation
manager to conduct a pre-construction condition survey of all adjoining historic structures, to
draft a plan of protection for each adjoining historic structure, and to monitor the construction or
demolition operations to ensure that the plans of protection are carried out and that adjoining
historic structures are not harmed.
§7. Section 3309 of chapter 33 of the building code of the city of New York is amended
by adding a new subsection 3309.12.1.2 to read as follows:
§3309.12.1.2 Violations. Should the plan of protection be violated, or, should the
condition of the adjoining historic structure worsen, such historic preservation manager shall
immediately inform the department. Upon notification from the historic preservation manager,
24
the owner of a historic structure, or of the community board for the community district in which
such historic structure is located, of any breach, noncompliance, or damage to an adjoining
historic structure the department shall immediately issue a stop-work order, which shall remain
in effect until the situation is remedied to the satisfaction of the commissioner.
§8. Section 3309 of chapter 33 of the building code of the city of New York is amended
by adding a new subsection 3309.12.2 to read as follows:
§3309.12.2 Plan of protection. For each historic structure adjoining to a lot under
development, the applicant shall submit to the department a plan of protection drafted by the
historic preservation manager, which shall describe in detail the procedures and precautions used
during such development to ensure that the adjoining historic structure will remain undamaged.
§9. Section 3309 of chapter 33 of the building code of the city of New York is amended
by adding a new subsection 3309.12.2.1 to read as follows:
§3309.12.2.1 Review. The plan of protection shall be reviewed by the department and the
landmarks preservation commission for appropriateness.
§10. Section 3309 of chapter 33 of the building code of the city of New York is amended
by adding a new subsection 3309.12.2.2 to read as follows:
§3309.12.2.2 Notice of plan. The department shall forward an approved plan of
protection to the owner of the adjoining historic structure and the community board for the
community district in which such historic structure is located.
§11. This local law shall take effect ninety days after enactment.
JTB
LS# 0284
1/14/10
Int 683/2008
25
Int. No. 220
By Council Members Lappin, Comrie, Mendez, Nelson and Vann
A Local Law to amend the administrative code of the city of New York in relation to
establishing a survey division within the Landmarks Preservation Commission.
Be it enacted by the Council as follows:
Section 1.
Subdivisions a through k of Section 25.303 are hereby relettered as
subdivisions b through l, and a new subdivision a is added, to read as follows:
a. For the purpose of effecting and furthering the protection, preservation,
enhancement, perpetuation and use of landmarks, interior landmarks, scenic landmarks and
historic districts, the commission shall establish and maintain a survey division with staff who
shall have the responsibility to conduct periodic and ongoing assessments of improvements,
exterior architectural features, interiors, interior architectural features, landscape features or
other features or improvements which have a special character or special historical or aesthetic
interest or value or represent one or more periods or styles of architecture typical or one or
more eras in the history of the city, and to recommend to the commission designations of
landmarks, interior landmarks, scenic landmarks and historic districts based on such
assessments.
§2.
This local law shall take effect immediately.
LS #27
01/13/10
CJS
26
Proposed Int. No. 222-A
By Council Members Lappin, Lander, Brewer, Chin, Comrie, Mendez, Van Bramer and
Williams
A LOCAL LAW
To amend the administrative code of the city of New York, in relation to timely consideration of
requests for evaluation by the Landmarks Preservation Commission.
Be it enacted by the Council as follows:
Section 1. Section 25-302 of chapter 3 of title 25 of the administrative code of the city of
New York is amended by adding new subdivisions b-1, v-1, v-2 and w-1 to read as follows:
b-1. “Calendaring.” The process by which the commission determines a hearing date for
a proposed landmark, historic district or scenic corridor.
v-1. “Request for evaluation.” The document submitted to the commission for
consideration of designating a landmark, interior landmark, historic district or scenic landmark.
v-2. “Request for evaluation committee.” The chairman, the executive director, the chief
of staff and the director of research of the commission.
w-1. “Submitter.” Person or body filing a request for evaluation.
§ 2. Section 25-303 of chapter 3 of title 25 of the administrative code of the city of New
York is amended by adding a new subdivision l to read as follows:
l. Every request for evaluation proposing a property for landmark designation shall be
submitted to the commission’s request for evaluation committee within 120 days of receipt by
the commission, and all request for evaluation committee recommendations, whether positive or
negative, shall be reported promptly in writing to the full commission.
27
2. A request for evaluation may be submitted to the commission’s request for evaluation
committee within 180 days of receipt by the commission if the submitter is given written notice
of such extension within 30 days of receipt by the commission.
§3. This local law shall take effect immediately.
CBH
LS #1732
04/23/2012
28
Int. No. 357
By The Public Advocate (Mr. De Blasio) and Council Members James, Lander, Palma, Sanders
Jr., Seabrook, Williams, Rodriguez, Mendez and Van Bramer
A Local Law to amend the administrative code of the city of New York, in relation to the use of
green technologies in landmarked buildings.
Be it enacted by the Council as follows:
Section 1. Legislative findings and intent. The Council finds that historic buildings are
considered inherently sustainable because they were traditionally designed with attention to
features that responded to climate and site. These features often lead to substantial energy
savings for landmarked buildings as compared to newer buildings. While green building
techniques and density goals are seen as a justification by some for tearing down usable
buildings and squandering their energy and inherent greenness, preservation keeps our history
and culture alive while also enabling us to learn from the methods and practices of those who
came before us.
The Council finds that our current laws, however, prevent the City from furthering the
often green nature of these buildings. These laws preclude us from taking advantage of on-site
green technology that would increase the sustainability of these buildings. With careful planning
the benefits of preservation and sustainability are attainable simultaneously. The City can and
should balance the importance of preserving our beautiful historic buildings with the need for
clean, on-site energy generation and energy efficiency. The use of alternative energy systems on
landmarked structures can benefit building owners by providing the cost savings inherent in
utilizing alternative energy.
Moreover, the Landmarks Preservation Commission already recognizes the value of
balancing the aesthetic importance of landmarks with the practical needs of today’s world as the
29
Commission’s rules already allow equipment such as air conditioning and heating equipment to
be installed in and on landmarks. These proposed changes reflect the goals of making landmarks
safer, more comfortable and better reflections of modern sensibilities consistent with, and while
preserving, the buildings’ history.
Therefore, the Council finds that updating our code to enable green technology to be
installed upon landmarked buildings will benefit the City as a whole in the ways identified
above, and city landmarks in a way that balances their specific needs with the needs of the City.
To accomplish this, the Council finds that it is the best interests of the City to amend the
Administrative Code to allow for green technology to be installed in and upon landmarked
buildings and buildings that are eligible for landmark status.
§2. Section 25-302 of the administrative code of the city of New York is amended by
adding a new subdivision p-1 to read as follows:
p-1. “Mechanical equipment” shall include, but not be limited to heating, venting and air
conditioning equipment, alternative or distributed energy equipment, such as solar panels, wind
turbines, or micro-turbines, water tanks and their supporting structures, satellite dishes, stair and
elevator bulkheads, screens, dunnages, baffles, unenclosed decks, garden trellises or other
associated railings and other accessory installations, but shall not include telecommunication
equipment and conventional television antennas.
§3. This local law shall take effect ninety days after its enactment except that the chair of
the landmarks preservation commission shall take such measures, as are necessary for its
implementation, including the promulgation of rules, prior to such effective date.
LS # 7275
SS 9/23/10 2:28 p.m.
30
Proposed Int. No. 532-A
By Council Members Garodnick, Cabrera, Fidler, Gentile, James, Mendez, Palma, Van Bramer,
Vann, Williams, Mark-Viverito, Sanders Jr., Koo and Halloran
A Local Law to amend the administrative code of the city of New York, in relation to requiring
the landmarks preservation commission to maintain a publicly available database for requests for
evaluation.
Be it enacted by the Council as follows:
Section 1. Section 25-320 of title 25 of the administrative code of the City of New York
is amended to read as follows:
a. The commission may make such investigations and studies of matters relating to
the protection, enhancement, perpetuation or use of landmarks, interior landmarks, scenic
landmarks and historic districts, and to the restoration of landmarks, interior landmarks,
scenic landmarks and buildings in historic districts as the commission may, from time to
time, deem necessary or appropriate for the effectuation of the purposes of this chapter, and
may submit reports and recommendations as to such matters to the mayor and other
agencies of the city. In making such investigations and studies, the commission may hold
such public hearings as it may deem necessary or appropriate.
b. The commission shall create and maintain at its offices and online on its website a
publicly available database listing all requests from the public for the evaluation of the
architectural, historical or cultural significance of properties in the city, including the name of the
person or organization requesting the evaluation, the address of the property to be evaluated, the
current status of the request for evaluation and its resolution. A summary of the aggregate
number of all requests for evaluation that have been processed and their status shall be posted.
c. For all final communications for requests for evaluation, the commission shall respond
with one of the following four responses: “accepted for further study”; “not recommended for
31
further study at this time”; “need more information from applicant”; or “need 60 more days to
respond to request.”
§ 2. This local law shall take effect sixty days after it shall have become a law.
CBH
LS 1732
4/23/2012
32
Int. No. 533
By Council Members Garodnick, Barron, Cabrera, Chin, Fidler, James, Mendez, Nelson, Palma,
Seabrook, Van Bramer, Vann, Williams and Koo
A Local Law to amend the administrative code of the city of New York, in relation to requiring
the Landmarks Preservation Commission to make available a list of energy-efficient windows.
Be it enacted by the Council as follows:
Section 1. Section 25-310 of title 25 of the administrative code of the City of New York
is amended by adding a new subdivision f, to read as follows:
f. The commission shall make available, including on its website, a list of energyefficient windows that will be deemed acceptable for use in landmarked buildings and in historic
districts and which, if proposed for use, will not be deemed to change, destroy or affect an
exterior architectural feature located on a landmark site or in an historic district.
§ 2. This local law shall take effect sixty days after it shall have become a law.
LS 7873
02/09/2011
33
Proposed Int. No. 845-A
By Council Member Comrie
A LOCAL LAW
To amend the administrative code of the city of New York, in relation to allowing owners of
landmarked properties to use the same or similar materials in maintenance of their property .
Be it enacted by the Council as follows:
Section 1. Section 25-311 of the administrative code of the city of New York is amended
by adding a new subdivision e to read as follows:
e. Notwithstanding the provisions of sections 25-305, 25-306, 25-307 and 25-310, any
improvement requiring ordinary repairs and maintenance, minor work
or approval under
sections 25-306, 25-307, 25-308 and 25-309, designated by the commission as a landmark or
interior landmark or located within an historic district may be performed with in kind materials
for features as reflected at the time of designation. For purposes of this subdivision, “in kind
materials” shall mean the same or similar materials as present in the improvement at the time of
designation, used in the same or similar manner and location.
§2. This local law shall take effect immediately.
CBH
LS # 3598
05/01/2012
34
Int. No. 846
By Council Member Comrie
A Local Law to amend the administrative code of the city of New York, in relation to additional
guidelines and procedures to the designation process for a landmark, interior landmark, scenic
landmark and historic district.
Be it enacted by the Council as follows:
Section 1. Section 25-303 of the administrative code of the city of New York is amended
by adding new subdivisions c. and d. and re-lettering subdivision g.as subdivision i. and
amending it as follows and re-lettering other subdivisions to read as follows:
a. For the purpose of effecting and furthering the protection, preservation, enhancement,
perpetuation and use of landmarks, interior landmarks, scenic landmarks and historic districts,
the commission shall have power, after a public hearing:
(1) to designate and, as herein provided in subdivision [j] l, in order to effectuate the
purposes of this chapter, to make supplemental designations as additions to, a list of
landmarks which are identified by a description setting forth the general characteristics and
location thereof;
(2) to designate and, in order to effectuate the purposes of this chapter, to make
supplemental designations as additions to, a list of interior landmarks, not including interiors
utilized as places of religious worship, which are identified by a description setting forth the
general characteristics and location thereof;
(3) to designate and, in order to effectuate the purposes of this chapter, to make
supplemental designations as additions to a list of scenic landmarks, located on property
owned by the city, which are identified by a description setting forth the general characteristics
and location thereof; and
35
(4) to designate historic districts and the location and boundaries thereof, and, in
order to effectuate the purposes of this chapter, to designate changes in such locations and
boundaries and designate additional historic districts and the location and boundaries thereof.
b. It shall be the duty of the commission, after a public hearing, to designate a
landmark site for each landmark and to designate the location and boundaries of such site.
c.
In order to consider a landmark, interior landmark, scenic landmark or historic
district the commission by majority vote must first approve a motion to place it on the public
calendar and notice the public hearing At the time of such calendaring, the commission shall
make available to the public a draft designation report that sets forth with reasonable specificity
the special character or special historical or aesthetic interest or value of such proposed
landmark, interior landmark, scenic landmark, or historic district, and, in the case of a historic
district, that also identifies each building or structure within the historic district and, at a
minimum, its proposed style designation, significant alterations, and the extent to which it
exhibits the special character or special historical or aesthetic interest or value of the proposed
historic district and that describes the rationale for the proposed boundaries of such historic
district.
d.
The commission shall promulgate rules governing the regulation of construction,
reconstruction, alterations and demolition pursuant to section 25-305 of this code in any
designated historic district within ninety days after any designation.
[c.] e. The commission shall have power, after a public hearing, to amend any
designation made pursuant to the provisions of subdivisions a and b of this section.
[d.] f. The commission may, after a public hearing, whether at the time it designates a
scenic landmark or at any time thereafter, specify the nature of any construction, reconstruction,
36
alteration or demolition of any landscape feature which may be performed on such scenic
landmark without prior issuance of a report pursuant to subdivision c of section 25-318. The
commission shall have the power, after a public hearing, to amend any specification made
pursuant to the provisions of this subdivision.
[e.] g. Subject to the provisions of subdivisions [g] i and [h] j of this section, any
designation or amendment of a designation made by the commission pursuant to the
provisions of subdivisions a, b and [c] e of this section shall be in full force and effect from and
after the date of the adoption thereof by the commission.
[f.] h. Within ten days after making any such designation or amendment thereof, the
commission shall file a copy of same with the council, the department of buildings, the city
planning commission, the board of standards and appeals, the fire department and the department
of health and mental hygiene.
[g.] i. (1) Within sixty days after such filing, the city planning commission shall
(a) hold a public hearing on any such designation of a landmark, interior landmark or historic
district and (b) shall submit to the council a report with respect to the relation of such
designation, whether of a historic district or a landmark, interior landmark, scenic landmark,
or landmark site, or amendment of such designation to the zoning resolution, projected public
improvements, and any plans for the development, growth, improvement or renewal of the
area involved. Such report of the relation of the proposed designation to the zoning resolution
shall include an analysis of the impact of such designation on the development, growth,
improvement, renewal, or economic development of the area involved, including both public and
private development, and on the public health, safety, and general welfare, and shall specifically
consider the relationship between the development potential of all properties affected by the
37
proposed designation, both public and private, and the existing development on such properties
at the time of designation. The city planning commission shall include with any such report
its recommendation, if any, for council action with respect to any such designation of a
historic district.
(2) The council may modify or disapprove by majority vote any designation of the
commission or amendment thereof within one hundred twenty days after a copy thereof is
filed with the council provided that the city planning commission has submitted the report
required by this subdivision or that sixty days have elapsed since the filing of the designation
or amendment with the council. Such modification or disapproval by the council may be
made on the basis of the special character or special historical or aesthetic interest or value of the
proposed landmark, interior landmark, scenic landmark, or historic district, of facts regarding
buildings or structure within the historic district, of the relation of such designation to the zoning
resolution, projected public improvements, any plans for the development, growth, improvement
or renewal of the area involved, or the economic development, including both public and private
development, of the area involved, and of the public health, safety, and general welfare and shall
specifically consider the relationship between the development potential of all properties affected
by the proposed designation, both public and private, and the existing development on such
properties at the time of designation. All votes of the council pursuant to this subdivision shall
be filed by the council with the mayor and shall be final unless disapproved by the mayor
within five days of such filing. Any such disapproval by the mayor shall be filed by the mayor
with the council and shall be subject to override by a two-thirds vote of the council within
ten days of such filing. If the council shall disapprove such designation or amendment, such
designation or amendment shall continue in full force and effect until the time for disapproval
38
by the mayor has expired; provided, however, that if the mayor disapproves such council
disapproval, it shall continue in full force and effect unless the council overrides the mayor's
disapproval. If the council shall modify such designation or amendment, such designation
or amendment as adopted by the commission shall continue in full force and effect until the time
for disapproval by the mayor has expired, and after such time such modification shall be in
effect; provided, however, that if the mayor disapproves such council modification, the
designation or amendment as adopted by the commission shall continue in full force and effect
unless the council overrides the mayor's disapproval, and in the event of override the
modification shall take effect on and after the date of such override
[h.] j. (1) The commission shall have power, after a public hearing, to adopt a
resolution proposing rescission, in whole or in part, of any designation or amendment or
modification thereof mentioned in the preceding subdivisions of this section. Within ten
days after adopting any such resolution, the commission shall file a copy thereof with the
council and the city planning commission.
(2) Within sixty days after such filing, the city planning commission shall submit to
the council a report with respect to the relation of such proposed rescission of any such
designation, whether of a historic district or a landmark, interior landmark, scenic landmark or
landmark site, or amendment or modification thereof, to the zoning resolution, projected
public improvements and any plans for the development, growth, improvement, or renewal of
the area involved.
(3) The council may approve, disapprove or modify such proposed rescission
within one hundred twenty days after a copy of the resolution proposing same is filed with
the council, provided that the city planning commission has submitted the report required
39
by this subdivision or that sixty days have elapsed since the filing of such resolution. Failure
to take action on such proposed rescission within such one hundred twenty-day period shall be
deemed a vote to disapprove such proposed rescission. All votes of the council pursuant to
this subdivision shall be filed by the council with the mayor and shall be final unless
disapproved by the mayor within five days of such filing. Any such mayoral disapproval
shall be filed by the mayor with the council and shall be subject to override by a two-thirds
vote of the council within ten days of such filing. If such proposed rescission is approved or
modified by the council, such rescission or modification thereof shall not take effect until
the time for disapproval by the mayor has expired; provided, however, that if the mayor
disapproves such rescission or modification, it shall not take effect unless the council overrides
the mayor's disapproval. If such proposed rescission is disapproved by the council, it shall
not take effect unless the mayor disapproves such council disapproval and the council fails to
override the mayor's disapproval.
[i.] k. The commission may at any time make recommendations to the city planning
commission with respect to amendments of the provisions of the zoning resolution applicable to
improvements in historic districts.
[j.] l. All designations and supplemental designations of landmarks, landmark sites,
interior landmarks, scenic landmarks and historic districts made pursuant to subdivision a
shall be made pursuant to notices of public hearings given, as provided in section 25-313. In
addition to such notice, the commission shall give notice to the city planning commission, all
affected community boards and the office of the borough president in whose borough the
property or district is located in advance of any public hearing relating to such designations.
[k.] m. Upon its designation of any improvement parcel as a landmark and of any
40
landmark site, interior landmark, scenic landmark or historic district or any amendment of
any such designation or rescission thereof, the commission shall cause to be recorded in the
office of the register of the city of New York in the county in which such landmark, interior
landmark, scenic landmark or district lies, or in the case of landmarks, interior landmarks, scenic
landmarks and districts in the county of Richmond in the office of the clerk of said county of
Richmond, a notice of such designation, amendment or rescission describing the party
affected by, in the case of the county of Richmond, its land map block number or numbers, and
its tax map, block and lot number or numbers, and in the case of all other counties, by its land
map block and lot number or numbers.
§2. Subdivision b of section 25-313 of the administrative code of the city of New York is
amended to read as follows:
b. At any such public hearing, the commission shall afford a reasonable opportunity for
the presentation of facts and the expression of views by those desiring to be heard, and may, in
its discretion, take the testimony of witnesses and receive evidence; provided, however, that the
commission, in determining any matter as to which any such hearing is held, shall not be
confined to consideration of the facts, views, testimony or evidence submitted at such hearing.
At any public hearing for a designation pursuant to section 25-303, such presentation of facts and
the expression of views by those desiring to be heard may include testimony and evidence
related to the economic impact of the proposed designation or any other issues related to the city
planning commission or council review as set forth in subdivisions 25-303(g)(1) and (2) and this
testimony or evidence shall be part of the record considered by the city planning commission and
the council pursuant to subdivisions 25-303(g)(1)and (2).
§3. This local law shall take effect immediately.
41
CBH
LS #3481
04/24/2012
42
Int. No. 849
By Council Member Lander
A Local Law to amend the administrative code of the city of New York, in relation to requiring
the landmarks preservation commission to allow denied requests for evaluation to be nominated
to the landmarks preservation commission entire body for a vote.
Be it enacted by the Council as follows:
Section 1. Chapter 3 of title 25 of the administrative code of the city of New York is
amended by adding a new section 25-324 to read as follows:
§25-324 Appeals. a. Where a request for evaluation is determined “not accepted for
study at this time”, a completed application may be nominated by a landmarks commissioner or a
motion in favor of designation may be made by the relevant community board or borough board
for consideration by the entire body of the commission. If such application is nominated or such
motion is approved, the commission must vote in favor or in opposition to calendaring the
submission for consideration. Any determination by the commission in opposition is a final
action.
b. The commission shall promulgate rules that define the criteria for a completed
application.
§2. This local law shall take effect immediately.
CBH
LS #1732
4/23/2012
43
Int. No. 850
By Council Member Lander
A Local Law to amend the administrative code of the city of New York, in relation to requiring
the landmarks preservation commission to create a timeline for the designation process.
Be it enacted by the Council as follows:
Section 1. Chapter 3 of title 25 of the administrative code of the city of New York is
amended by adding a new section 25-323 to read as follows:
§ 25-323 Timelines. a. The commission shall determine the eligibility of a request
for evaluation that has been accepted for further study within an eight month period for
individual landmarks, including interior landmarks, and within eighteen months for historic
districts and scenic landmarks. The commission or an authorized committee of the commission
can, by affirmative vote, extend the study period by four months for an individual landmark and
six months for a historic district.
b. The commission shall have six months from the postmarked date of mailing of
notice by registered mail to an owner to calendar a hearing to designate a landmark, whether an
individual landmark or historic district. After calendaring an application, the commission shall
have two months to hold a hearing. If more than one hearing is required, the commission or an
authorized committee of the commission may, by affirmative vote, extend the consideration
period for three months.
c. If no action is taken within the timeline prescribed in subdivision b of this section,
the department of buildings shall act on all permit applications for properties that are indicated
within a landmark application.
d. For all applications that are undecided on the effective date of the local law that
added this section and that have had a two year lapse between an initial public hearing and final
44
action being taken, the commission must take final action on the request for evaluation by July 1,
2013, if a request is made in writing by the owner of the property in question.
§2. This local law shall take effect immediately.
CBH
LS #1732
04/23/2012
45