ULURP, Explained
In a nutshell, the Uniform Land Use Review Procedure (ULURP) is the public review process, established by the New York City Charter, that certain land use actions are required to undergo. The process is dictated by a strict timeline, and involves the review and advisory recommendations of the local Community Board and Borough President, followed by the review and approval (or disapproval) of the City Planning Commission (CPC), the City Council, and finally, the Mayor.
The Steps:
Filing the Land Use Application. The applicant must prepare all necessary and required pre-application and final application materials, all of which must be submitted to the Department of City Planning (DCP) for its review. Typically, applicants spend several months in the pre-application stage (if not longer depending on the size and scope of the project), working with DCP and implementing DCP’s guidance in the project. While not a statutory requirement, it is extremely common for applicants to meet with the local Community Board to gain their insight, attempt to address any of their initial concerns regarding the project, and incorporate their opinion and feedback during the pre-application stage. Once this pre-application process is complete, the applicant is ready to file the land use application (and pay the associated filing fee). Upon filing, copies of the application and related materials are sent to the local Community Board, Borough President and City Council, within five business days.
Pre-Certification Notice Period. As of August 31, 2020, a Pre-Certification Notice is required. The Pre-Certification Notice must provide a detailed project summary (including location, purpose, and description of the proposed actions). This Pre-Certification Notice must be transmitted to the local Community Board, Borough President and Borough Board at least 30 days prior to certification of the land use application, and must be published on DCP’s website within five days of transmission.
Certification. DCP is responsible for certifying applications that are complete and ready to enter into the ULURP Process. Certification signals the beginning of the one-year ULURP Clock. If the land use application is subject to environmental review (which many projects are), a negative declaration, conditional negative declaration, or notice of completion of a Draft Environmental Impact Statement must be issued prior to certification. (To learn more about the environmental review process, click here). Once an application is certified, it is sent to the local Community Board, Borough President, and City Council within nine days.
Community Board Review. The local Community Board has 60 days to review the certified application, hold a public hearing, and adopt and submit a written recommendation to CPC, the applicant and the Borough President. If a Community Board fails to act within the time frame allotted, it is deemed to have waived its right to act, and the application continues on to the next step. Importantly, the Community Board’s review is advisory, not binding.
Borough President Review. The Borough President has 30 days to review the application and issue a written recommendation to the CPC. If the Borough President fails to act within the time frame allotted, they are deemed to have waived their right to act, and the application continues on to the next step. Importantly, the Borough President’s review is advisory, not binding.
City Planning Commission Review. The CPC has 60 days to hold a mandatory public hearing and approve, disapprove, or approve with modifications, the land use application. Typically, only a simple-majority vote is required (i.e., seven commissioners must vote yes); however, a supermajority vote (i.e., nine commissioners must vote yes) is required in the event that the Borough President recommended against an application for site selection, disposition of City owned property or acquisition and has recommended an alternative site pursuant to the fair share provisions of Section 204 of the New York City Charter. In most instances, if the CPC disapproves of an application, such determination is final and ULURP terminates. However, in other instances, the land use application proceeds. These instances are limited to as disapprovals of Urban Renewal Plans, and disapprovals of special permits, zoning text changes and zoning map changes that the Mayor has certified are necessary (all of which are subject to City Council Review).
City Council Review. The City Council’s review can be broken into three categories:
Automatic Review (Mandatory): City Council is required to review the following land use applications:
zoning map changes;
zoning text changes (not subject to ULURP but subject to Charter section 200 and 201);
housing and urban renewal plans;
disposition of residential buildings, except to non-profit companies for low-income housing.
Call-Ups (Discretionary): City Council may elect to review the following land use applications:
City Map changes;
maps of subdivisions or plattings;
zoning special permits;
revocable consents, franchise Requests for Proposals (RFPs), and major concessions;
non-City public improvements;
sanitary and waterfront landfills;
disposition of commercial or vacant property;
disposition of residential buildings to nonprofit companies for low-income housing;
acquisition of real property; and
site selection
Triple-No: City Council is required to review any application that is discretionary, but received disapproval from the Community Board and Borough President, was approved or approved with modifications by the CPC, and the Borough President filed an objection to the CPC approval within five days.
The City Council has 50 days to hold a public hearing, and approve, disapprove, or approve with modifications any application that is subject to mandatory review, called-up , or a triple-no.
If the City Council seeks to modify an application, the modification must be referred back to the CPC. During this time, the ULURP Clock pauses, and the CPC is granted 15 days to make a determination on the modification. If the CPC determines the modification is so significant that further environmental review or additional ULURP review is required, the City Council cannot adopt the modification. If, however, CPC determines that no additional review is needed, the City Council may adopt the application with the modification. Most land use actions only require a majority vote in the City Council, with the exception of Urban Renewal Plans that have been disapproved by CPC, which require a 3/4 vote. If the City Council fails to act within the time frame allotted, they are deemed to have approved the CPC’s decision.
Mayoral Review. Generally, the Mayor’s approval is not required. The City Council’s decision is considered final, unless the Mayor, within five days, elects to veto the City Council’s vote. The City Council then has an opportunity to override the Mayor’s veto within ten days, by a 2/3 vote.
Actions Requiring ULURP:
The following actions are required to undergo ULURP (pursuant to Section 197-c, subsection a of the New York City Charter):
Changes to the City Map.
Designation or change of zoning districts (i.e., rezonings).
Special Permits within the Zoning Resolution requiring approval of the CPC. Importantly, Authorizations pursuant to the Zoning Resolution as well as Variances and Special Permits reviewed by the Board of Standards and Appeals (BSA) are not required to undergo ULURP.
Revocable consents, requests for proposals and other solicitations or franchises, and major concessions.
Housing and Urban Renewal Plans and project pursuant to City, State and Federal laws.
Dispositions of City owned property.
Acquisition of real property by the City.
Improvements in real property the costs of which are payable other than by the City.
Site selection for capital projects.
Sanitary or waterfront landfills.
Mapping of subdivisions or platting of land into streets, avenues or Public Places.
Sources:
The New York City Charter.
New York City Department of City Planning. Uniform land use review procedure (ULURP). Step5: Applicant Portal Actions Require ULURP - DCP. Retrieved November 1, 2021, from https://www1.nyc.gov/site/planning/applicants/applicant-portal/step5-ulurp-actions.page.
NYC voters approve land use ballot measures. Stroock & Stroock & Lavan LLP. (November 6, 2019). Retrieved November 1, 2021, from https://www.stroock.com/news-and-insights/nyc-voters-approve-land-use-ballot-measures.
