Section 197-D. Council Review  


Latest version.
  • a. The city planning commission shall file
      with the council and with the affected borough president a copy  of  its
      decisions  to  approve  or  approve  with  modifications (1) all matters
      described in subdivision a of section one  hundred  ninety-seven-c,  (2)
      plans pursuant to section one hundred ninety-seven-a, and (3) changes in
      the  text  of the zoning resolution pursuant to sections two hundred and
      two hundred one. Any such filing of a decision pursuant to  section  one
      hundred ninety-seven-c shall be completed prior to the expiration of the
      sixty-day period for action by the commission.  Any such filing with the
      council shall include copies of all written recommendations of community
      boards,  borough  boards  and  borough  presidents  with  respect to the
      decision being filed.
        b.  The  following  decisions  filed  with  the  council  pursuant  to
      subdivision  a of this section, shall be subject to review and action by
      the council:
        (1) any decision of the city planning commission to approve or approve
      with modifications a matter described in paragraph  three  or  eight  of
      subdivision  a  of  section one hundred ninety-seven-c, a disposition of
      residential real property (as defined in  this  paragraph)  pursuant  to
      paragraph  ten  of  subdivision  a of section one hundred ninety-seven-c
      (except  for  dispositions  to  companies  that  have   been   organized
      exclusively  to  develop  housing projects for persons of low income), a
      plan pursuant to section one hundred ninety-seven-a, or a change in  the
      text  of  the  zoning resolution pursuant to sections two hundred or two
      hundred one.  For purposes of this section,  residential  real  property
      shall  mean  real  property  improved  by  structures,  whether  or  not
      occupied,  built  for  or  converted  to  a  use  which   is   primarily
      residential,  but  shall  not include property subsequently converted to
      non-residential use;  (2)  any  other  decision  of  the  city  planning
      commission  to  approve or approve with modifications a matter described
      in subdivision a of section one hundred ninety-seven-c, if (i)  both  an
      affected  community  board  (after  holding  a  public  hearing) and the
      affected borough president, within the time periods allotted  for  their
      reviews pursuant to section one hundred ninety-seven-c, have recommended
      in  writing  against  approval  and (ii) the affected borough president,
      within five days of receiving a copy of the decision of the  commission,
      files  with  the  commission  and the council a written objection to the
      decision; and
        (3) any other decision of the city planning commission to  approve  or
      approve  with  modifications  a  matter  described  in  subdivision a of
      section one hundred ninety-seven-c, if within twenty days of the  filing
      of  such decision pursuant to subdivision a of this section, the council
      resolves by the majority vote of all the council members to  review  the
      decision of the commission.
        c.  Within  fifty  days  of  the  filing  with the council pursuant to
      subdivision a of this section of  any  decision  of  the  city  planning
      commission which pursuant to subdivision b of this section is subject to
      review  by  the  council, the council shall hold a public hearing, after
      giving public notice not less than five days in advance of such hearing,
      and the council, within such fifty days, shall take final action on  the
      decision.  The affirmative vote of a majority of all the council members
      shall be required to approve, approve with modifications  or  disapprove
      such  a  decision.  If,  within  the  time  period  provided for in this
      subdivision and, if applicable, in subdivision d of  this  section,  the
      council  fails to act or fails to act by the required vote on a decision
      of the city planning commission subject to council  review  pursuant  to
      subdivision  b  of  this  section,  the  council shall be deemed to have
      approved the decision of the commission.
    
        d. The council shall  not  approve  with  modifications  a  commission
      decision  if  the commission has determined pursuant to this subdivision
      that additional review  of  the  modifications  is  required.  Prior  to
      approving  a  decision of the commission with modifications, the council
      shall  file  the  text  of  any  such  proposed  modifications  with the
      commission. Within fifteen days of such  filing,  the  commission  shall
      file  with  the  council  a  written  statement  indicating whether such
      proposed modifications are of such significance that  additional  review
      of  environmental  issues  or  additional review pursuant to section one
      hundred ninety-seven-c is required. If no additional review is required,
      the commission may include in such statement its advisory recommendation
      concerning  the  proposed  modifications,  together  with  any  proposed
      amendments  to  the  proposed  modifications. The council may thereafter
      approve such proposed modifications,  with  or  without  the  amendments
      proposed  by the commission. The time period for council action shall be
      tolled during such fifteen-day period; provided, however, that  proposed
      modifications  may  be  referred  to  the  commission  pursuant  to this
      subdivision only once with respect  to  each  application  or  group  of
      related applications under review by the council.
        e.  All actions of the council pursuant to this section shall be filed
      by the council with the mayor prior to the expiration of the time period
      for council action under subdivisions c and, if applicable,  d  of  this
      section.  Actions of the council pursuant to this section shall be final
      unless the mayor within five days of receiving a filing with respect  to
      such  an  action  of  the  council  files  with  the  council  a written
      disapproval  of  the  action.  Any  mayoral   disapproval   under   this
      subdivision shall be subject to override by a two-thirds vote of all the
      council members within ten days of such filing by the mayor.
        f. The mayor shall have the right to file a written disapproval of any
      approval  deemed  to  have  occurred  pursuant  to subdivision c of this
      section as a result of a failure of the council to act or to act by  the
      required  vote.  Any  such written disapproval must be filed within five
      days of the expiration of the time period  for  action  by  the  council
      under  subdivisions c and, if applicable, d of this section. Any mayoral
      disapproval under this subdivision shall be subject  to  override  by  a
      two-thirds  vote  of  all  the  council  members within ten days of such
      filing by the mayor.
        g. If a decision of the commission approving  an  application  is  not
      subject  to council review pursuant to paragraph one of subdivision b of
      this section or is not  made  subject  to  council  review  pursuant  to
      paragraphs  two or three of subdivision b of this section, the mayor may
      nonetheless file with the council a written objection to  such  decision
      of  the  commission  within  five days of the expiration of time for the
      council to act under paragraph three of subdivision b of  this  section.
      Any  mayoral  objection  under  this  subdivision  shall  be  subject to
      override by a two-thirds vote of all the council members within ten days
      of such filing by the mayor.