107-12 Public Facilities
For any development containing residential uses, the Department of Buildings shall be in receipt of a certification from the Chairperson of the City Planning Commission which certifies that sufficient school capacity exists to accommodate the anticipated primary and intermediate public school children of the development. All applications for certification pursuant to this Section shall be referred by the Chairperson of the Commission to the Board of Education.
The Board of Education shall issue a report concerning the availability of school capacity within 60 days after receipt of the application. The Chairperson of the Commission shall respond within 90 days after receipt of an application. The report shall specify the following:
(a) whether or not school space is available;
(b) if school space is not available, the report shall include:
(1) the number of seats required;
(2) the grade organization;
(3) the location of the school;
(4) the size of school (sq. ft. per pupil); and
(5) the proposed financing mechanism.
For the purposes of this Section, sufficient school capacity shall be deemed to exist if:
(1) such capacity is available in existing schools; or
(2) construction funds have been authorized in the Capital Budget to accommodate anticipated primary and intermediate public school children from the development upon its completion or within three years from the date of the Chairperson's certification; or
(3) sufficient school space is to be provided by the applicant under a plan jointly approved by the Chairperson of the Commission and Board of Education.
After approval of the Chairperson of the Commission and Board of Education of the applicant's plan to provide the school building, the certification may be granted either upon approval of a financial agreement by the Board of Estimate or such guarantee of construction with provision for future school occupancy as may be accepted by the Board of Education and the Chairperson of the Commission.
However, the Chairperson of the Commission may grant such certification if capacity is not currently available and the Board of Education after consulting with the Community School Board determines that the impact from the development will have a minimal effect on the concerned schools and includes such statement in their report.
A certification by the Chairperson of the Commission that sufficient capacity will be available in the public schools, as set forth in the above circumstances, shall automatically lapse if substantial construction of the foundations of the development in accordance with approved plans has not been completed within one year from the date of such certification.
No certification concerning the availability of school capacity shall be required for any development within a predominantly built up area or within an area for which drainage schemes were approved prior to January 1, 1975. For the purposes of this Chapter, a "predominantly built up area" is a block having a maximum of four acres which is developed with buildings on zoning lots comprising 75 percent or more of the area of the block. All such buildings shall have a certificate of occupancy or other evidence acceptable to the Commissioner of Buildings issued not less than three years prior to the date of application for a building permit.