Assembly Bill A9842

2011-2012 Legislative Session

Relates to community benefits agreements

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A9842 (ACTIVE) - Details

See Senate Version of this Bill:
S6888
Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add Art 12-I §239-bb, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2013-2014: A3089, S3415
2015-2016: A1319

2011-A9842 (ACTIVE) - Summary

Relates to community benefits agreements; places the benefit at the discretion of the applicant.

2011-A9842 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9842

                          I N  A S S E M B L Y

                             April 18, 2012
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Local Governments

AN  ACT  to  amend  the  general municipal law, in relation to community
  benefits agreements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The general municipal law is amended by adding a new arti-
cle 12-I to read as follows:
                              ARTICLE 12-I
                      COMMUNITY BENEFITS AGREEMENTS
SECTION 239-BB. COMMUNITY BENEFITS AGREEMENTS.
  S 239-BB. COMMUNITY BENEFITS AGREEMENTS. 1. NOTWITHSTANDING  ANY  LAW,
RULE  OR  REGULATION  TO THE CONTRARY FOR THE PURPOSE OF ISSUANCE OF ANY
APPROVALS OR PERMITS ANY BENEFIT THAT IS TANGIBLE MAY BE PLACED  AT  THE
DISCRETION  OF THE APPLICANT SO LONG AS THE BENEFIT IS PUBLICLY ACCESSI-
BLE. IF THE EXERCISE OF SUCH DISCRETION AS PERMITTED UNDER THIS  SECTION
RESULTS IN THE PLACEMENT OF A TANGIBLE COMMUNITY BENEFIT ON, OR ADJACENT
TO,  THE DEVELOPER'S PROJECT SITE, IT SHALL BE REQUIRED THAT THE BENEFIT
BE REASONABLY RELATED TO THE PROJECT UNDERTAKEN BY SUCH  APPLICANT.  FOR
PURPOSES  OF  THIS  SECTION  A COMMUNITY BENEFITS AGREEMENT IS A PRIVATE
AGREEMENT BETWEEN AN APPLICANT SEEKING ANY APPROVALS OR PERMITS PURSUANT
TO ARTICLE SIXTEEN OF THE TOWN LAW, ARTICLE SEVEN OF THE VILLAGE LAW  OR
ARTICLE  FIVE-A  OF THE GENERAL CITY LAW AND A COMMUNITY ORGANIZATION OR
ORGANIZATIONS,  WHERE  SUPPORT  OR  FORBEARANCE  WITH  RESPECT  TO  SUCH
APPROVALS  OR  PERMITS  IS  THE CONSIDERATION FOR SUCH AGREEMENT, EXCEPT
THAT THIS SECTION SHALL NOT APPLY TO A CITY WITH  A  POPULATION  OF  ONE
MILLION OR MORE.
  2.  PRIOR TO ENTERING INTO A COMMUNITY BENEFIT AGREEMENT WITH A DEVEL-
OPER, THE MUNICIPALITY SHALL SET FORTH A MONETARY AMOUNT THAT THE DEVEL-
OPER SHALL ALLOCATE TO PROVIDING THE BENEFIT. SUCH AMOUNT SHALL BE BASED
ON  A  PERCENTAGE  OF  THE TOTAL PROJECT COST THAT SHALL NOT EXCEED FIVE
PERCENT OF THE INCREASED DENSITY ABOVE WHAT IS ALLOWABLE FOR THE PROJECT
UNDER CURRENT ZONING LAW. SUCH AMOUNT  SHALL  BE  THE  MAXIMUM  FOR  THE
ENTIRE  COMMUNITY  BENEFIT  AGREEMENT, INCLUDING ANY AGREEMENT MADE WITH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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