senate Bill S3736B

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

See Assembly Version of this Bill:
A4835B
Versions:
S3736
S3736A
S3736B
Legislative Cycle:
2013-2014
Law Section:
General City

Sponsor Memo

BILL NUMBER:S3736B

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.

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

                                 3736--B
    Cal. No. 199

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced  by  Sens.  ADDABBO,  AVELLA, GOLDEN, LANZA -- 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 -- reported  favorably  from
  said committee, ordered to first and second report, ordered to a third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

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  findings  and  intent. The storms, rains and
floods of Hurricane Sandy beginning  on  October  29,  2012  and  ending
November 3, 2012 catastrophically impacted real property situated in the
city  of  New York. Storm surges in the Breezy Point neighborhood in the
borough of Queens severely damaged or destroyed many buildings, followed
by a major fire which destroyed additional buildings.  Pursuant  to  the
requirements  of sections 35 and 36 of the general city law, owners must
submit  applications  to  the  board  of  standards  and   appeals   for
construction  subject  to the requirements of these provisions. However,
the unprecedented number of applications that  could  result  from  this
storm  might  hinder the expeditious repair and reconstruction of build-
ings in the area.
  The legislature finds that it is in the best interests  of  owners  of
homes and other buildings in Breezy Point to expedite the rebuilding and
repair  of  such  buildings  devastated  in  the wake of Hurricane Sandy
through waiver of the requirements of sections 35 and 36 of the  general
city law.
  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.
                                                           LBD08512-10-3

S. 3736--B                          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 27 of the New York city charter.
  3. "Department" shall mean the department of buildings of the city  of
New York established by chapter 26 of the New York city charter.
  4. "Owner" shall mean the owner of any building located in the subject
area.
  5.  "Subject area" shall mean block 16350 lot 400, block 16350 lot 300
or block 16340 lot 50 in the borough of Queens in the city of New York.
  6. "Substantial damage" shall have the same meaning as  set  forth  in
Appendix G201 of the New York city building code.
  S 3. Waiver of requirement for board approval to build in the bed of a
mapped street. In instances where the owner of a building located in the
subject  area that suffered substantial damage caused by Hurricane Sandy
seeks to rebuild such building in the bed of a mapped  street  no  board
approval  pursuant  to  section  35  of  the  general  city law shall be
required for the reconstruction of such building, including accompanying
proposed alteration and  enlargement  of  such  building,  provided  the
following conditions are met:
  1.  the  new construction is sprinklered in accordance with the stand-
ards of the local building and fire codes; and
  2. to the extent the mapped street serves as required access  pursuant
to subdivision 2 of section 36 of the general city law, or to the extent
such  provision  would  otherwise  require the grant of an appeal by the
board, the conditions set forth in section four of this act are met.
  S 4. Waiver of restriction on issuance  of  certificate  of  occupancy
without  grant  of  an appeal from the board. (a) In instances where the
owner of a building  located  in  the  subject  area  that  subsequently
suffered substantial damage caused by Hurricane Sandy, no board approval
pursuant to subdivision 2 of section 36 of the general city law shall be
required for the reconstruction of such building, including accompanying
proposed  alteration and enlargement of such building, provided that the
following conditions are met:
  1. the new construction is sprinklered in accordance with  the  stand-
ards set forth in the local building and fire codes; and
  2.  the  new  construction  does not increase the degree of horizontal
encroachment into the street; or
  3. where there is increased horizontal encroachment into  the  street,
it is limited to stairs or ramps required for access to the building and
deemed  necessary  to accommodate the elevation of structures to promote
flood resistant construction and a letter of no  objection  is  obtained
from the fire department of the city of New York.
  S  5.  Applications for construction under the circumstances described
in sections three and four of this act shall be filed with  the  depart-
ment within twelve months from the effective date of this act subject to
the  provisions  of articles 104 and 105 of chapter 1 of title 28 of the
administrative code of the city of New York pertaining to  time  limita-
tion of applications and expiration or permits.
  S  6.  This  act shall take effect immediately; provided, however that
the provisions of this act shall expire and be deemed  repealed  1  year
after such effective date.

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