N.Y.C. Charter § 197-e: Section 197-e. Expedited land use review procedure.

a.

Definitions. For the purposes of this section, the following terms have the following meanings:

Base flood elevation. The term “base flood elevation” has the same meaning as set forth in section 202 of the New York city building code.

Coastal special flood hazard area. The term “coastal special flood hazard area” refers to the areas of land as identified on the flood insurance rate maps referenced in the New York city building code section G402 pursuant to article 36 of the New York state environmental conservation law.

Open space. The term “open space” means real property that: (i) is outdoors, (ii) is owned by the city, (iii) is available for public access or is protected as a sensitive natural area, and (iv) serves to mitigate impacts from or to reduce vulnerability to rising sea levels, extreme weather events and natural disasters, including but not limited to parks, promenades, esplanades, greenways, nature preserves, and recreational piers.

Resiliency project. The term “resiliency project” means any construction or improvement for which the primary purpose is to mitigate impacts from or to reduce vulnerability to rising sea levels, extreme weather events, and natural disasters, including but not limited to coastal flood protection infrastructure, wetland protection and expansion, and stormwater drainage.

Solar energy generation project. The term “solar energy generation project” means a project for which the primary purpose is to generate electricity through the use of photovoltaics.

Ten-year rainfall flood risk area. The term “ten-year rainfall flood risk area” means an area designated on a map promulgated by the department of environmental protection that represents locations in the city where there is a ten percent chance or greater of rainfall- induced flooding in any year.

b. Notwithstanding subdivision a of section one hundred ninety-seven-c and except as provided in subdivision k of this section, applications by any person or agency for any of the following changes, approvals, permits, or authorizations thereof, respecting the use, development or improvement of real property subject to city regulation in any of the following categories, that would otherwise be subject to review pursuant to section one hundred ninety-seven-c, shall be reviewed pursuant to the expedited review procedure set forth in this section:

1. Any of the following changes in the city map pursuant to section one hundred ninety-eight and section one hundred ninety-nine:

(a) (1) The mapping or discontinuance of a street, other than the discontinuance of an existing built street, to enable or facilitate a project for the development or preservation of affordable housing developed or preserved by a company that has been organized exclusively to develop housing projects for persons of low income, or for the development of a resiliency project or open space; or

(2) The mapping of any street needed to meet the street or highway public access requirements set forth in section thirty-six of the general city law;

(b) The raising of the grade of a street or bridge to no more than two and a half feet above the base flood elevation in any area for which such a base flood elevation has been specified or determined in accordance with the New York city building code, or, in any area where a base flood elevation has not been specified or determined, to no more than two and a half feet above the grade of such street or bridge as established on or before the effective date of this section;

(c) The widening of any street or bridge, as necessary to enable a raising of such street or bridge as described in subparagraph b, no more than five feet greater than the width of such street or bridge as established on or before the effective date of this section;

(d) Any other change to the city map relating to the acquisition of real property by the city for the purposes of a resiliency project or creation of open space;

2. Designations of zoning districts under the zoning resolution, including conversion from one land use to another land use, pursuant to sections two hundred and two hundred one, provided that the area to be designated permits residential uses at the time of application and that no part of the area to be designated has been designated pursuant to this paragraph in the ten years prior to such application, and provided further that:

(a) where the district designated at the time of application (i) is a residence district, or a commercial district that allows residential uses equivalent to such residence district, (ii) has a standard maximum residential building height of greater than forty-five feet, regulates the maximum height of buildings by something other a horizontal plane and such other plane permits residential buildings to exceed forty-five feet, or has no maximum building height, the district to be designated, (i) would increase maximum residential floor area, (ii) such increase does not exceed thirty percent and (iii) would not be a zoning district that regulates the maximum height of buildings by anything other than a horizontal plane, unless the district designated at the time of application also does not regulate the maximum height of buildings by a horizontal plane; or

(b) for any other designation, the district to be designated would increase residential capacity, has a standard maximum residential floor area of not more than 2.0, and has a standard maximum residential building height of not more than forty-five feet;

3. Site selection for any capital project that is a resiliency project, solar energy generation project or project for the creation of open space, pursuant to section two hundred eighteen, provided that any buildings included in such capital project shall have an area, in the aggregate, of no more than five thousand square feet;

4. Sale, lease (other than the lease of office space), exchange, or other disposition of the real property of the city, including the sale or lease of land under water pursuant to section eight hundred twenty-four, chapter fifteen, and other applicable provisions of law, to private owners of abutting property or an entity comprised thereof, provided such real property of the city is not inalienable property and cannot be independently developed, as determined by the mayor, because singly or in combination, its size, shape, applicable zoning, configuration, or topography render such development economically impracticable or infeasible;

5. Lease of the real property of the city, for purposes of a solar energy generation project;

6. Acquisition by purchase by the city of real property (other than the acquisition of office space for office use or a building for office use), including the acquisition of land under water pursuant to section eight hundred twenty-four, chapter fifteen, and other applicable provisions of law, for the purpose of a voluntary buy-out program of property, provided that:

(a) Such property is used for residential purposes, contains no less than one and no more than four dwelling units, and is located in either a coastal special flood hazard area or a ten-year rainfall flood risk area;

(b) Such property is located in an area that, on any date within the five years preceding the date of filing the application, was a federally declared disaster area; or

(c) Such acquisition is authorized by a local law relating to a voluntary buy-out program;

7. Acquisition 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 by purchase of land under water pursuant to section eight hundred twenty-four, chapter fifteen, and other applicable provisions of law, for the purpose of developing a resiliency project, open space, or a solar energy generation project, and provided that such property:

(1) Contains freshwater wetlands or tidal wetlands that are adjacent to city-owned property, as such terms are defined in sections 24-0107 and 25-0103 of the environmental conservation law, respectively;

(2) Is undeveloped and in a mapped street or extends under water;

(3) Has no owner of record; or

(4) Is privately owned, is adjacent to city-owned property, and cannot be independently developed, as determined by the mayor, because, singly or in combination, its size, shape, applicable zoning, configuration, or topography render such development economically impracticable or infeasible.

8. Such other matters involving the use, development or improvement of property as are proposed by the city planning commission and enacted by the council pursuant to local law.

9. An application that meets the criteria set forth in subdivision b of section one hundred ninety-seven-f.

c. For any application reviewed pursuant to this section, except as set forth in subdivision k of this section, the applicant shall file with the department of city planning the documents required for applications reviewed under the uniform land use review procedure, as set forth in subdivision b of section one hundred ninety-seven-c. The department of city planning shall forward a copy of any materials it receives pursuant to this subdivision (whether or not such materials have been certified as complete) within five days to each affected borough president or community board.

d. The department of city planning shall be responsible for certifying that applications filed with such department pursuant to subdivision c of this section are complete and ready to proceed through the expedited land use review procedure. The department shall not certify an application unless (1) each affected borough president and community board has received from the department, at least thirty days before certification, a pre-certification notice containing information specified by the city planning commission, which shall include the project location, the purpose of the proposed actions, and a description of the proposed actions, sufficient to put such borough president and community board on notice of the substance of the application, and (2) the application is substantially consistent with such notice. The department shall also publish such notice on the department’s website within five days of such transmission. Upon certification of an application, the department shall give notice of such certification to the council.

e. 1. Except as otherwise provided in paragraph two of this subdivision or in subdivision k of this section, each affected community board shall, not later than sixty days after receipt of an application that has been certified pursuant to subdivision d of this section:

(a) notify the public of the application in a manner specified by the city planning commission pursuant to subdivision h of this section; and

(b) either (i) conduct a public hearing thereon and prepare and submit a written recommendation to the city planning commission, or (ii) where authorized by this charter, submit a written waiver of the right to conduct a public hearing and to submit such written recommendations to the commission.

2. Where an application has been certified during the month of June, the affected community board shall provide notification pursuant to subparagraph a of paragraph one of this subdivision and conduct a hearing or, where authorized, submit a waiver of the right to conduct a public hearing pursuant to subparagraph b of paragraph one of this subdivision not later than ninety days after receipt of such application or, where such application is certified during the period of time from and including July 1 to and including July 15, not later than seventy-five days after receipt of such application.

f. 1. Except as otherwise provided in paragraph two of this subdivision, each affected borough president shall, not later than sixty days after receipt of an application that has been certified pursuant to subdivision d of this section, submit a written recommendation or waiver thereof to the city planning commission.

2. Where an application has been certified during the month of June, the affected borough president shall submit such recommendation or waiver not later than ninety days after receipt of such application or, where such application is certified during the period of time from and including July 1 to and including July 15, not later than seventy-five days after receipt of such application.

g. Not later than thirty days after expiration of time allowed for the filing of a recommendation or waiver with the city planning commission by the affected community board and borough president, the commission shall conduct a public hearing on such application and approve, approve with modifications, or disapprove the application, provided, however, that where the department determines that an application pursuant to section one hundred ninety-seven-f is required by law to include an environmental impact statement, the commission shall approve, approve with modifications, or disapprove such application no later than forty-five days after such expiration of time. Any such approval or approval with modifications of the commission shall require the affirmative vote of at least seven of the members. Prior to taking any action pursuant to this subdivision on a matter involving the siting of a capital project, the sale, lease, exchange or other disposition or acquisition of real property, the city planning commission may obtain a report from the office of management and budget or the department of citywide administrative services, as appropriate. Any action of the city planning commission which modifies or disapproves a written recommendation of the affected community board or borough president shall be accompanied by a written explanation of its reason for such action. Notwithstanding any contrary provision of this chapter, the city planning commission shall not file an application reviewed pursuant to this section with the council, and such an application filed pursuant to this section shall not be subject to section one hundred ninety-seven-d, except as set forth in subdivision k of this section.

h. The city planning commission shall establish rules providing (1) guidelines, minimum standards, and procedural requirements for community boards, borough presidents, and the commission in the exercise of their duties and responsibilities pursuant to this section, (2) minimum standards for certification of applications pursuant to subdivision d of this section, and (3) specific time periods for review of applications pursuant to this section prior to certification. The commission may establish such other rules as necessary for the implementation of this section, including rules for determining whether an application is subject to review pursuant to this section.

i. If a community board or borough president fails or waives its right to act within the time limits for review pursuant to subdivisions e or f of this section, the application shall be referred to city planning commission, except as set forth in subdivision k of this section. If the city planning commission fails to act on an application within the time limit specified in subdivision g of this section, the application shall be deemed to have been denied.

j. Notice of any hearing on an application by the city planning commission shall be published in the city record at least ten days immediately prior to the date of the hearing, and a copy of the notice shall be mailed to all community boards affected by the application.

k. 1. Notwithstanding subdivision a of section one hundred ninety-seven-c or any provision of this section to the contrary, applications by an agency for any of the following changes, approvals, permits, or authorizations thereof, respecting the use, development or improvement of real property subject to city regulation in any of the following categories, that would otherwise be subject to review pursuant to section one hundred ninety-seven-c, shall be reviewed pursuant to the procedure set forth in this subdivision:

(a) Sale, lease, exchange, or other disposition of the real property of the city, including the acquisition of land under water pursuant to section eight hundred twenty-four, chapter fifteen, and other applicable provisions of law, to companies that have been organized exclusively to develop housing projects for persons of low income; and

(b) Acquisition by the city of real property, including acquisition by purchase, condemnation, exchange or lease and including the acquisition of land under water pursuant to section eight hundred twenty-four, chapter fifteen, and other applicable provisions of law for the purpose of disposition of such property to a company that has been organized exclusively to develop housing projects for persons of low income.

2. The applicant shall submit to each affected community board and affected borough president the documents required for applications reviewed under the uniform land use review procedure, as set forth in subdivision b of section one hundred ninety-seven-c.

3. Each affected community board and affected borough president shall, not later than sixty days after receipt of such application, prepare and submit a written recommendation to the council and to the applicant, provided that such community board shall notify the public of the application and conduct a public hearing prior to such submission. Where such application is received during the month of June, the affected community board shall notify the public of the application and conduct a public hearing or, where authorized, submit a waiver of the right to conduct a public hearing not later than ninety days after receipt of such application or, where such application is received during the period of time from and including July 1 to and including July 15, not later than seventy-five days after receipt of such application.

4. If a community board or borough president fails or waives its right to act within the time limits for review pursuant to paragraph three of this subdivision, the application shall be referred to the council for review and action.

5. The applicant shall file such application with the council, and such application shall be reviewed in accordance with subdivision c-1 of section one hundred ninety-seven-d. Any such filing with the council shall include copies of all written recommendations of community boards and borough presidents with respect to the decision being filed.

l. 1. Notwithstanding any provision in this section to the contrary, applications filed pursuant to paragraphs one through eight of subdivision b or subdivision k of this section that are required by law to include an environmental impact statement shall not be subject to the expedited land use review procedure as set forth in this section.

2. Notwithstanding any provision in this section to the contrary, an application subject to one hundred ninety-seven-e that is filed in conjunction with an application subject to section one hundred ninety-seven-c may adhere to the review process set forth in sections one hundred ninety-seven-c and one hundred ninety-seven-d.

(L.L. 2025/177, 12/2/2025, eff. 12/2/2025)