Notice of Opportunity to Comment on Proposed Rules

PLEASE TAKE NOTICE that in accordance with Sections 192 and 1043 of the New York City Charter the New York City Department of City Planning (“City Planning”) proposes to amend rules within Chapter 3 of Title 62 of the Rules of the City of New York.

This rule was not anticipated and therefore was not included in the regulatory agenda.

The time and place of the hearing have been scheduled as follows:

DATE:	June 17, 2009
TIME:	10:00 A.M.
LOCATION:	Spector Hall 22 Reade Street New York, NY 10007

Any person in attendance at this hearing shall be given a reasonable opportunity to present oral or written statements and to submit other documents concerning the proposed changes.  Each speaker shall be allotted a maximum of three (3) minutes.  Persons who require that a sign language interpreter or other form of reasonable accommodation for a disability be provided at the hearing are asked to notify Hannah Marcus at the address set forth below by June 1, 2009.  In addition, written statements may be submitted to the Deputy Counsel of the Department of City Planning at the address stated below, provided the comments are received by 5:00 P.M. on June 17, 2009:

New York City Department of City Planning
Office of the Counsel
22 Reade Street
New York, NY 10007
Attention: Hannah Marcus

Written comments received and a tape recording of oral comments received at the hearing will be available for public inspection within a reasonable time after receipt between the hours of 9:00 a.m. and 5:00 p.m. at the Freedom of Information Law Desk, 22 Reade, 2W, telephone number (212) 720-3208.

The purpose of the hearing is to provide the public with an opportunity to comment on the proposed rule set forth herein.  Underlining indicates new material.  Material to be deleted is in brackets.

Section 1. Section 3-01 of Subchapter A of Chapter 3 of Title 62 of the Rules of the City of New York is amended to read as follows:

§ 3-01 Fee for CEQR Applications.
Except as specifically provided in this section, every application made pursuant to Executive Order 91 and Chapter 5 of these rules [on or after June 29, 2007] shall include a non-refundable fee which shall be submitted to the lead agency for the action or to an agency that could be the lead agency pursuant to § 5-03 of the rules of the Commission, and shall be in the form of a check or money order made out to the "City of New York". The fee for an application shall be as prescribed in the following Schedule of Charges, § 3-02 of these rules. The fee for modification for an action, which modification is not subject to § 197-c of the New York City Charter shall be twenty percent of the amount prescribed in the Schedule of Charges for an initial application. The fee for any modification for an action, which is subject to § 197-c of the New York City Charter shall be the amount set forth in the Schedule of Charges (§3-02) as if the modification were an initial application for the action. Where the fee for an application is set pursuant to § 3-02(a), and the square footage of the proposed modification is different from the square footage of the original action, the fee for an application for the modification shall be based upon the square footage of the modified action or as set forth in § 3-02(b), as determined by the lead agency.

Agencies of the federal, state or city governments shall not be required to pay fees, nor shall a neighborhood, community or similar association consisting of local residents or homeowners organized on a non-profit basis be required to pay fees, if the proposed action for purposes of CEQR review consists of a zoning map amendment for an area of at least two blocks in size, in which one or more of its members or constituents reside. Fees shall be paid when the application is filed, and these fees may not be combined in one check or money order with fees required pursuant to other land use applications submitted to the Department of City Planning or the City Planning Commission. No application shall be processed by the lead agency until the fee has been paid and twenty-five copies of the application have been filed with the lead agency.

Section 2. Section 3-02 of Subchapter A of Chapter 3 of Title 62 of the Rules of the City of New York is amended to read as follows:

3-02 Schedule of Charges

(a) Projects measurable in square feet

(Square Footage of Total Project).

Less than 10,000 sq. ft.	[$425] $460
10,000 to 19,999 sq. ft.	[$1,250] $1,350
20,000 to 39,999 sq. ft.	[$2,720] $2,940
40,000 to 59,999 sq. ft.	[$5,060] $5,465
60,000 to 79,999 sq. ft.	[$7,590] $8,195
80,000 to 99,999 sq. ft.	[$12,650] $13,660
100,000 to 149,999 sq. ft.	[$25,300] $27,325
150,000 to 199,999 sq. ft.	[$44,275] $47,815
200,000 to 299,999 sq. ft.	[$66,125] $71,415
300,000 to 499,999 sq. ft.	[$119,025]$128,545
500,000 to 1,000,000 sq. ft	[$178,535] $192,820
Over 1,000,000 sq. ft.	[$290,950] $314,225

(b) Projects not measurable in square feet.

(Ex: bus franchises)	[$1,740] $1880
Type II Actions	[$100] $110

(c)  Supplemental Fee for Environmental Mitigation

In addition to all other applicable fees as set forth above, a supplemental fee of $8,000 shall be required for CEQR applications filed on or after July 1, 2009, for which a restrictive declaration to ensure compliance with project components related to the environment and/or mitigation of significant adverse impacts will be executed.

(1) Applications for special permits:
For special permits, the total amount of floor area, or in the case of open uses, area of the zoning lot:

Less than 10,000 square feet	[$1,890] $2040
10,000 to 19,999 square feet	[$2,870] $3,100
20,000 to 39,999 square feet	[$3,780] $4,080
40,000 to 69,999 square feet	[$4,830] $5,215
70,000 to 99,999 square feet	[$5,670] $6,125
100,000 to 239,999 square feet	[$6,300] $6,805
240,000 to 500,000 square feet	[$16,450] $17,765
over 500,000 square feet	[$27,300] $29,485

For this purpose, the amount of floor area shall be calculated based upon the floor area for the entire development or enlargement.

(2)  Applications for zoning map amendments, the area of all zoning lots in the area to be rezoned:

Less than 10,000 square feet	[$2,030] $2,190
10,000 to 19,999 square feet	[$3,010] $3,250
20,000 to 39,999 square feet	[$3,990] $4,310
40,000 to 69,999 square feet	[$5,040] $5,445
70,000 to 99,999 square feet	[$5,950] $6,425
100,000 to 239,999 square feet	[$6,580] $7,105
240,000 to 500,000 square feet	[$17,080] $18,445
over 500,000 square feet	[$28,350] $30,620

(1)  Applications pursuant to §197-c of the City Charter – [$3,150] $3,400
(2)  Enclosed sidewalk cafes pursuant to New York City Administrative Code section 20-225: [$50] $55 per seat/minimum of [$1,260] $1360

(1) For certification for public school space pursuant to Section 107-123 of Article X, Chapter 7 (Special South Richmond Development District) of the Zoning Resolution, the fee shall be [$150] $160.

(2) Pursuant to Article VI, Chapter 2 (Special Regulations Applying in The Waterfront Area), Article X, Chapter 5 (Natural Area District), Article X, Chapter 7 (Special South Richmond Development District) and Article XI, Chapter 9 (Special Hillsides Preservation District) of the Zoning Resolution.

Certifications --

For an application for one zoning lot with no more than two existing or proposed dwelling units ­and no commercial or community facility use….[$350] $380 For all other applications the fee for each zoning lot shall be [$400] $430.

Authorizations --

For an application for one zoning lot with no more than two existing or proposed dwelling units and no commercial or community facility use ….[$700] $755 For all other applications with no commercial or community facility use, the fee shall be based upon the number of dwelling units being proposed, in the amount of [$770] $830 per dwelling unit, however, in cases of open uses, the fee shall be based upon the area of the zoning lot, and in cases of community facility or commercial uses, the fee shall be based upon the total amount of floor area, as follows: Less than 10,000 square feet  [$980]     $1,060 10,000 to 19,999 square feet  [$1,470]  $1,590 20,000 to 39,999 square feet  [$1,890]  $2,040 40,000 to 69,999 square feet  [$2,450]  $2,645 70,000 to 99,999 square feet  [$2,870]  $3,100 100,000 square feet and over  [$3,150]  $3,400

(3) Pursuant to §95-04 (Transit Easements) of the Zoning Resolution --      [$250] $270

1. Pursuant to all other sections of the Zoning Resolution:

Total amount of floor area, or in the case of open uses, area of the zoning lot as follows:

Less than 10,000 square feet	[$980] $1060
10,000 to 19,999 square feet	[$1,470] $1,590
20,000 to 39,999 square feet	[$1,890] $2,040
40,000 to 69,999 square feet	[$2,450] $2,645
70,000 to 99,999 square feet	[$2,870] $3,100
100,000 square feet and over	[$3,150] $3,400

In the case of [area] a transfer of development rights or floor area bonus, the fee shall be based upon the amount of floor area associated with such transfer or bonus.

(1)  The fee for an application which requests a modification of a previously approved application, where the new application is subject to § 197-c of the New York City Charter, shall be the same as the current fee for an initial application, as set forth in this Schedule of Charges.

(2)  The fee for an application which requests a modification of a previously approved application, where the new application is not subject to § 197-c of the New York City Charter, shall be one-half of the current fee for an initial application, as set forth in this Schedule of Charges.

(3)  The fee for a follow up action under the Zoning Resolution, or a restrictive declaration or other legal instrument shall be one-quarter of the amount prescribed in this Schedule of Charges for an initial application.

(4) The fee for the renewal of a previously approved enclosed sidewalk cafe shall be one-half of the amount prescribed in this Schedule of Charges for an initial application.

(5) The fee for the renewal pursuant to Section 11-43 of the Zoning Resolution of a previously approved special permit or authorization which has not lapsed shall be one-half of the amount prescribed in this Schedule of Charges for an initial application.

§ 3-09 Fee for Zoning Verification
The fee for a request that the Department of City Planning verify in writing the zoning district(s) in which a property is located shall be [$100] $110 per request.  Each zoning verification request shall be made in writing, and shall include the address, borough, tax block and lot(s) of the property.  Each separate property shall be a separate request; however, a property comprised of multiple contiguous tax lots shall be treated as a single request. 

The City Planning Commission is proposing to amend its rules pursuant to its authority under Sections 192 and 1043 of the New York City Charter. 

Amendments to Chapter 3 of Title 62 of the Rules of the City of New York would increase fees for the processing and review of City Environmental Quality Review (CEQR) applications and of land use applications by 8% to reflect increased labor costs.  Supplemental land use application fees would be established for large projects of over of 500,000 square feet of floor area.  A supplemental CEQR fee would also be required for projects for which a restrictive declaration to ensure compliance with project components related to the environment and/or mitigation of significant adverse impacts will be executed.  The supplemental fees would capture the costs of the additional work that is required of Department staff in connection with large projects, and projects for which a restrictive declaration to ensure compliance with project components related to the environment and mitigation measures will be executed. 

In addition to the changes described above, Section 3-07 of the land use fee rule has been clarified to establish that for certain authorizations, the fee for a project with non-residential uses is the same as the fee for a project with open uses.   The lower fee for certain residential uses is not applicable if the project also contains a commercial or community facility use.