senate Bill S3736A

Amended

Authorizes the reinstatement of prior approved work permits and waives certain requirements of general city law for homes devastated by Hurricane Sandy

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Feb / 2013
    • REFERRED TO CITIES
  • 06 / Mar / 2013
    • AMEND AND RECOMMIT TO CITIES
  • 06 / Mar / 2013
    • PRINT NUMBER 3736A
  • 12 / Mar / 2013
    • 1ST REPORT CAL.199
  • 13 / Mar / 2013
    • 2ND REPORT CAL.
  • 14 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 07 / May / 2013
    • AMENDED ON THIRD READING 3736B
  • 17 / Jun / 2013
    • SUBSTITUTED BY A4835B

Summary

Authorizes the reinstatement of prior approved work permits and waives certain requirements of general city law for homes devastated by Hurricane Sandy in the city of New York.

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Bill Details

Versions:
S3736
S3736A
S3736B
Legislative Cycle:
2013-2014
Law Section:
General City

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Cities committee vote details

Sponsor Memo

BILL NUMBER:S3736A

TITLE OF BILL: An act authorizing the reinstatement of prior approved
work permits and waiving the requirements of section 35 and
subdivision 2 of section 36 of the general city law as such provisions
relate to rebuilding and repairing homes devastated by Hurricane Sandy
in the city of New York; and providing for the repeal of such
provisions upon expiration thereof

Purpose of Bill: The bill is designed to aid those residing in Breezy
Point that seek to rebuild or repair their homes following the
devastation or Hurricane Sandy. Due to the unique layout of Breezy
Point many homes do not have mapped street frontage which triggers a
BSA hearing and ultimate sign off. This application and review process
can typically take 6-12 months or more to be addressed and therefore
in a effort to speed recovery, it is a necessity to waive the
requirements of sections within the General City Law in the aftermath
of Hurricane Sandy. As a result of the waiver, Breezy Point residents
can finally begin the process of rebuilding their homes and putting
their lives back together.

Summary of Provisions: §1: Legislative Intent §2: Definitions §3:
Reinstatement of Prior Approved Permits §4: Waiver of Permit and
Hearing Requirements §5: The Date the Act Shall Take Effect

Justification: The storms, rains and floods of Hurricane Sandy (Oct
29th 2012-Nov 3rd 2012) caused much devastation to residents of Breezy
Point. General City Law requires applications that can take up to 12
months or more to be completed. That is too long for our residents to
be without a home. They must be able to start rebuilding and have
shovels in the ground as soon as possible.

Prior Legislation History: New Bill.

Fiscal Implications for State: None.

Effective Date: This act shall take effect immediately.

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

                                 3736--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Cities  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT authorizing the reinstatement of prior approved work permits and
  waiving the requirements of section 35 and subdivision 2 of section 36
  of the general city law as such provisions relate  to  rebuilding  and
  repairing homes devastated by Hurricane Sandy in the city of New York;
  and providing for the repeal of such provisions upon expiration there-
  of

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

  Section 1. Legislative intent. The storms, rains and floods of  Hurri-
cane  Sandy  beginning  on  October 29, 2012 and ending November 3, 2012
catastrophically impacted real property situated  in  the  city  of  New
York.  Storm  surge  in  the Breezy Point neighborhood in the borough of
Queens severely damaged or destroyed approximately 167  homes,  followed
by  a major fire which destroyed approximately 127 homes.  Homeowners in
this area have long been required to submit applications with the  board
of  standards and appeals to improve and upgrade their residences pursu-
ant to the requirements of sections 35 and 36 of the general  city  law.
The  process  of  review  of such applications and ultimate grant of the
appeal to the general city law can last nearly one  year  or  more.  The
legislature  finds  that  it  is  in the best interests of homeowners of
Breezy Point to expedite the rebuilding and repair of  homes  devastated
in  the  wake  of  Hurricane Sandy through waiver of the requirements of
sections 35 and 36 of the general city law for a period of 12 months.
  S 2. Definitions. For the purposes of this act,  the  following  terms
shall have the following meanings:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08512-04-3

S. 3736--A                          2

  1.  "Hurricane  Sandy"  shall  mean the storms, rains, or floods which
occurred within the city of New York  during  the  period  beginning  on
October 29, 2012 and ending November 3, 2012.
  2.  "Board"  shall mean the board of standards and appeals established
by chapter 2 of title 25 of the administrative code of the city  of  New
York.
  3.  "Department" shall mean the department of buildings of the city of
New York as defined in section 27-232 of the administrative code of  the
city of New York.
  4.  "Homeowner" shall mean any owner of a residential building located
on block 16350 lot 400, block 16350 lot 300 or block 16340 lot 50 in the
borough of Queens in the city of New York.
  S 3. Reinstatement of prior approved permits. In instances  where  the
department  approved applications for work permits for buildings located
on block 16350 lot 400, block 16350 lot 300 or block 16340 lot 50 in the
borough of Queens, including applications for new buildings,  Alt-1  and
Alt-2  alterations,  that expired due to Hurricane Sandy, the department
shall reinstate such prior approvals and allow the issuance of new  work
permits  based on such reinstatements to reconstruct originally approved
plans subject to  required  new  code  compliance.    No  letter  of  no
objection shall be required to be issued by the board prior to the issu-
ance of these new work permits.
  S  4.  Waiver  of  permit and hearing requirements. For a period of 12
months after the effective date of this act, the board shall  waive  the
requirements of section 35 and subdivision 2 of section 36 of the gener-
al  city law such that any homeowner seeking to rebuild or repair his or
her residence due to damage caused  by  Hurricane  Sandy  shall  not  be
required  to  seek  the  grant  of an appeal from the board or undergo a
hearing process. This section shall also apply to applications  for  new
buildings  and  Alt-1 and Alt-2 alterations due to destruction caused by
Hurricane Sandy, such that homeowners shall not be  required  to  submit
such  applications  for  approval by the board for a period of 12 months
after the effective date of this act.
  S 5. This act shall take effect immediately and shall  expire  and  be
deemed repealed 1 year after such effective date.

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