Community Board Raises Concerns about City Charter Changes
Community Board 1 is voicing objections to changes planned for the New York City Charter, which is the local, municipal equivalent of the U.S. Constitution.
The drafting of the proposed new text for this document is being handled by the New York City Charter Revision Commission, which issued its preliminary report in April. Among other proposals, the preliminary report recommends streamlining the City’s Uniform Land Use Review Procedure (ULURP), a process that usually takes between six months and a year, and is triggered when publicly owned land is slated for development or when a private developer seeks an exception to zoning rules. ULURP gives local communities a voice in stopping or altering such a plan, or obtaining concessions for agreeing not to oppose it.
The Charter Revision Commission recommends shortening and consolidating two, separate advisory review periods (one by the local Community Board, the other by the Borough President). These reviews are currently 90 days long (the preliminary report suggests 60 days), and occur in sequence, rather than simultaneously.
In a resolution enacted at its June 24 meeting, CB1 said, “compressing the advisory timeline would undermine meaningful community engagement, especially for projects of significant scale or complexity in Lower Manhattan.”
Building shortcuts into ULURP could have significant implications for Lower Manhattan, for two reasons. First, the City frequently seeks to develop large parcels of publicly owned land in in the community, such as the new Borough Based Jail planned for White Street, and 100 Gold Street, where more than 1,000 new apartments are planned. Second, developers of private sites often seek zoning variances to allow for taller, bulkier structures. This is the case for Independence Plaza, in Tribeca, where a developer plans to erect a 90-story tower. In both scenarios, ULURP provides time for local leaders and elected officials to seek consensus and negotiate on behalf of the community.
CB1’s resolution notes, “the Board opposes the proposal to consolidate Community Board and Borough President advisory ULURP reviews from 90 to 60 days and reaffirms that robust sequential review is necessary for thoughtful public input, particularly given the volume and complexity of projects in Community District 1,” and, “the Board affirms the value of the current roles of Community Boards, Borough Presidents, the City Planning Commission, and the City Council within ULURP and finds no substantive changes to these advisory and decision‑making roles are warranted.”
A second objection focuses on the Charter Revision Commission’s push to expand the use of “Fair Share” criteria in siting housing and municipal facilities with communities. This has become a local flashpoint in recent years, not only because of the Borough Based Jail planned for Chinatown, but also due to the profusion of drug treatment centers in the same neighborhood, as well as decisions by City Hall to locate three new homeless shelters in Lower Manhattan. CB1 has repeatedly enacted resolutions welcoming family shelters, but opposing those serving single men.
The resolution ratified by CB1 on June 24 states, “the Board declines to endorse any incorporation of an undefined ‘Fair Share’ standard until clear criteria, metrics, and enforcement mechanisms are provided.”