PLANguage
A glossary of planning terms
197-A: Section of the New York City Charter that allows community and borough boards to create an officially recognized community plan, requiring approval from the City Planning Commission and the City Council before being adopted. Even if adopted, the plan has only non-binding, advisory power in future development decisions.
197-C: Section of the new York City Charter that requires applications for zoning changes and other matters related to development or improvement of property by the City Planning Commission.
421-a: A tax incentive program created in the 1990’s to promote the construction of housing in New York City. In certain areas of the city - including most of Manhattan and significant parts of Brooklyn and Queens - developers receiving the break must set aside one out of five units as affordable to people earning less than 80 percent of the Area Median Income. The housing market in NYC has changed drastically since the program was first enacted, so 421-a is currently undergoing a series of changes. Click here for an analysis of 421-a and the proposed changes.
Area Median Income (AMI): The income level below which half of an area’s residents fall - adjusted for households - as determined by the U.S. Department of Housing and Urban Development (HUD). For New York City, the “area” includes the five boroughs as well as several suburbs, including Potham, Rochland, and Westchester counties. In 2007, the AMI for this metropolitan area was $71,300.
City Environmental Quality Review (CEQR): The process through which a proposed development to city-owned land is evaluated in terms of its impact on the environment and on residents’ quality of life. The area assessed include, but are not limited to: traffic; parking; pollution; solid waste; energy use; neighborhood character; and any other aspects of life that the construction or the proposed development may affect. The process has several stages, outlined below.
[The information presented here is adapted from the Department of City Planning's guide to Environmental Review.]
- Environmental Assessment Statement: An initial analysis of a project’s impact, usually filed by the developer with the Department of City Planning, that helps the DCP determine whether an Environmental Impact Statement is necessary.
- Scoping: The process of determining how the Environmental Impact Statement will be drafted.
- First, the DCP issues a draft scope of work that outlines the issues the EIS will address and the way it will address them (methods of analysis, etc.).
- Then, the DCP holds a public scoping meeting to gather feedback about the original draft scope.
- Lastly, the DCP releases a final scope of work, which leads into preparation of the DEIS.
- Draft Environmental Impact Statement (DEIS): The DCP’s first assessment of a project’s impact, which must be released to the public and discussed at a public hearing before it can be approved.
- Final Environmental Impact Statement (FEIS): The end result of this process, which contains the DEIS along with records of public comments and any revisions that have resulted from the hearing process
City Planning Commission (CPC): A decision-making body within the Department of City Planning that reviews proposed changes and developments in New York City, including rezoning proposals and 197-A plans.
Community Benefits Agreement (CBA): A negotiated contract between developers and a designated community organization that grants certain concessions in exchange for the community’s support of the project. Benefits may include affordable housing and/or well-paying jobs set aside for local residents; new parks, schools, or community centers; and other quality-of-life enhancing amenities.
Community Board: An advisory group authorized by the City Charter to assess and advocate for the needs of the district’s constituents. New York City has 59 community boards. Each is made up of 50 members, half of whom are appointed by the district’s City Council members, and all of whom must be approved by the Borough President. The Community Boards’ votes – on land-use proposals, for example – hold political and symbolic significance, but are not legally binding.
Department of Buildings: The department of the New York City government that enforces building, zoning, and occupancy codes, which are important tools in planning and redeveloping neighborhoods.
Department of City Planning (DCP): The city government department that oversees all public policy concerning physical and economic development in New York City. The department supports the City Planning Commission’s recommendations.
Department of Housing Preservation and Development (HPD): A department within the city government that promotes affordable housing by issuing subsidies and approving tax breaks for developers who create affordable residential units. HPD also runs affordable housing programs, including 421a, and issues some Section 8 vouchers.
Economic Development Corporation (EDC): A non-profit, quasi-governmental authority that uses financial incentives – including tax breaks and subsidies – to encourage businesses to develop and locate to city-owned property. One common criticism of the EDC is its lack of accountability. When the EDC finances a developer’s project, it holds the developer responsible for certain conditions; usually, these conditions represent the community’s interests. However, no process currently exists for ensuring that the companies adhere to these conditions once they have received financing.
Empire State Development Corporation (ESDC): The New York state-level equivalent of the EDC.
Floor Area Ratio (FAR): The number that determines how much building can be built on a lot, as dictated by city zoning code. FAR is the maximum permitted ratio of a building’s total floor area to the area of its lot. For example, if a lot has a maximum allowed FAR of 1, then a 1-story building can be built over the entire lot; alternately, a 2-story building could cover half of the lot, or a 4-story building a quarter of the lot. If the FAR were raised for that same lot, from 1 to 2, then an 8-story building could be built on a quarter of the lot. FAR gives a sense of a building’s size and bulk, but is not a height indicator.
Housing Choice Voucher: A program administered by the U.S. Department of Housing and Urban Development (HUD) that helps low-income families pay rent; also known as the “Section 8” program. See HUD’s website for more information.
Housing Development Corporation (HDC): A non-profit authority, similar to the Economic Development Corporation, that has an entrepreneurial interest in the creation of affordable housing. HDC issues bonds to, and finances debt for, developers who build affordable homes in New York City.
Housing Finance Agency (HFA): A state agency that finances rental buildings and mortgages for low-income families who meet certain criteria. The HFA also provides the HDC’s bonding authority.
Inclusionary Zoning: A strategy to generate affordable housing in new residential developments, using the zoning code. Under a voluntary incentive program in designated neighborhoods, New York City allows developers who set aside at least one in five units as affordable to those earning less than 80% of the AMI to build a larger building than those who don’t. Other cities use mandates to require developers to include affordable housing. See the Pratt Center’s website for more info and analysis.
Industrial Development Agency (IDA): A public benefit corporation within the EDC that provides tax benefits and tax-exempt bonds to companies who invest in New York City’s economy, either by buying or developing real estate. The IDA is the source of the EDC’s financial authority.
Labor Peace Agreement: An agreement in which an employer agrees not to undermine, intimidate, or “bust” union workers. A land owner (government or private) may grant development contracts only to firms who agree to hire union-friendly sub-contractors and rent out retail space only to union-friendly businesses.
Landmarks Preservation Commission: Designates and maintains historical buildings in NYC, and regulates changes to these buildings. Preservation can be an important point of leverage in community development.
PlaNYC: Issued by the Mayor’s Office of Long-Term Planning, PlaNYC is the city’s official guideline for sustainability development in NYC until the year 2030. Some question remains as to how the city will implement the suggested measures and ensure the plan’s fulfillment.
Please note that PlaNYC is not to be confused with PlanNYC, a web hub run by NYU’s Furman Center for Real Estate and Urban Policy that tracks and links to information on development projects in New York City.
Prevailing Wage: The rate usually paid for a particular kind of work in a geographic area, as determined by the state’s Department of Labor. Click here for more information.
Project Labor Agreement: An agreement between a land owner (government or private) and a developer that establishes the terms of construction hiring for a project before it begins. The owner may award the development contract contingent upon the developer’s willingness to sign a PLA. Generally, a Project Labor Agreement requires the developer to hire a certain percentage of union workers, or to hire workers from specific unions, and may also specify conditions such as wages and benefits.
Request for Expressions of Interest (RFEI): A solicitation from an economic development agency (such as the EDC) seeking project ideas from developers who may be interested in developing a publicly controlled parcel of land. The City is under no obligation to select any of the proposals. An RFEI is less formal than, and preliminary to, an RFP.
Request for Proposals (RFP): A request from an economic development agency (such as the EDC) for developers to put forward a plan describing how they would develop city property. An RFP sets specific conditions that the developers must meet in their plans; these conditions may include maximizing underdeveloped properties, constructing a set number of retail or residential units, complying with specific hiring programs, meeting environmental sustainability standards, etc. The agency ultimately chooses the proposal that it determines best meets its conditions and will most benefit the city economically.
Section 8: See Housing Choice Voucher
State Environmental Quality Review (SEQR): The equivalent of CEQR for state-owned land. It is important to note that SEQR leaves less room for public engagement than CEQR, resulting in fewer opportunities for community involvement in the development of state-owned property.
Uniform Land Use Review Procedure (ULURP): The public review process, mandated by the City Charter, for all proposed land use changes (such as rezoning and development proposals). The procedure sets forth time frames and other requirements for public participation at the community board, borough board and borough president levels, and for the public hearings and determinations of the community boards and City Planning Commission (CPC). If the CPC approves the proposal, it then goes to the City Council, which ultimately approves, modifies or disapproves the application. Once the application is approved, the Mayor reviews and may veto it. Click here for more a more in-depth history and explanation of ULURP.