S T A T E O F N E W Y O R K
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4942
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
___________
Introduced by M. of A. V. LOPEZ -- Multi-Sponsored by -- M. of A. PHEF-
FER -- read once and referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to urban develop-
ment action areas
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 692 of the general municipal law,
as amended by chapter 486 of the laws of 1982, is amended to read as
follows:
6. "Urban development action area project". A project which shall be
consistent with the policy and purposes stated in section six hundred
ninety-one of this article, and located in an urban development action
area, unless the area designation requirement is waived pursuant to
section six hundred ninety-three of this article, PROVIDED THAT AT LEAST
SIXTY PERCENT OF THE LAND ON WHICH ANY SUCH PROJECT IS TO BE DEVELOPED
IS AN ELIGIBLE AREA. The project summary for an urban development action
area project shall include but shall not be limited to: a statement of
proposed land uses; proposed public, semi-public, private or community
facilities or utilities; a statement as to proposed new codes and ordi-
nances and amendments to existing codes and ordinances as are required
or necessary to effectuate the project; a proposed time schedule for the
effectuation of such project, and such additional statements or documen-
tation as the agency may deem appropriate.
S 2. Section 693 of the general municipal law, as amended by chapter
701 of the laws of 2006, is amended to read as follows:
S 693. Area designation. 1. An urban development action area shall by
resolution be designated by the governing body, or by the commission
where so authorized to act by the governing body, on its own initiative
or upon recommendation of the agency[, provided at least sixty percent
of such area is an eligible area]. Any such designation shall be in
conformance with the standards and procedures required for all land use
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08872-01-9
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determinations pursuant to general, special or local law or charter.
Provided, however, that if a proposed urban development action area
project [is to be developed on an eligible area and] consists solely of
the rehabilitation or conservation of existing private or multiple
dwellings, the construction of one to four unit dwellings OR THE
CONSTRUCTION OF DWELLINGS RESTRICTED TO OCCUPANCY BY THE ELDERLY OR BY
PERSONS WITH DISABILITIES or, until June thirtieth, two thousand nine,
the construction of up to six urban development action area projects in
any calendar year, each containing up to ninety dwelling units financed
by the federal government and restricted to occupancy by the elderly or
by persons with disabilities without any change in land use permitted by
local zoning, the governing body, or the commission where so authorized
to act by the governing body, may waive the area designation require-
ment.
2. A PROPOSAL FOR AN URBAN DEVELOPMENT ACTION AREA OR FOR A PART OR
PORTION OF SUCH AREA, SHALL BE SUBMITTED TO THE COMMISSION WHICH SHALL
CERTIFY, AFTER A PUBLIC HEARING HELD ON DUE NOTICE, ITS UNQUALIFIED
APPROVAL, ITS DISAPPROVAL OR ITS QUALIFIED APPROVAL WITH RECOMMENDATIONS
FOR MODIFICATIONS THEREIN. THE COMMISSION SHALL FORWARD ITS CERTIF-
ICATION TO THE GOVERNING BODY.
3. FOLLOWING RECEIPT OF THE COMMISSION'S CERTIFICATION AFTER A PUBLIC
HEARING HELD ON DUE NOTICE, THE GOVERNING BODY MAY:
(A) IF THE COMMISSION SHALL HAVE CERTIFIED ITS UNQUALIFIED APPROVAL,
APPROVE THE AREA DESIGNATION BY A MAJORITY VOTE;
(B) IF THE COMMISSION SHALL HAVE CERTIFIED ITS DISAPPROVAL NEVERTHE-
LESS APPROVE THE AREA DESIGNATION, BUT ONLY BY A THREE-FOURTHS VOTE;
(C) IF THE COMMISSION SHALL HAVE CERTIFIED ITS QUALIFIED APPROVAL
TOGETHER WITH RECOMMENDATIONS FOR MODIFICATIONS, APPROVE THE AREA DESIG-
NATION TOGETHER WITH THE MODIFICATIONS RECOMMENDED BY THE COMMISSION BY
A MAJORITY VOTE, OR APPROVE THE AREA DESIGNATION WITHOUT SUCH MODIFICA-
TIONS, BUT ONLY BY A THREE-FOURTHS VOTE.
4. IN ORDER TO APPROVE THE PROPOSAL FOR AN URBAN DEVELOPMENT ACTION
AREA THE GOVERNING BODY MUST BY RESOLUTION FIRST FIND THAT:
(A) THE PRESENT STATUS OF THE AREA TENDS TO IMPAIR OR ARREST THE SOUND
GROWTH AND DEVELOPMENT OF THE MUNICIPALITY;
(B) THE FINANCIAL AID IN THE FORM OF TAX INCENTIVES, IF ANY, TO BE
PROVIDED BY THE MUNICIPALITY PURSUANT TO SECTION SIX HUNDRED NINETY-SIX
OF THIS ARTICLE, IS NECESSARY TO ENABLE THE PROJECT TO BE UNDERTAKEN;
AND
(C) THE AREA DESIGNATION IS CONSISTENT WITH THE POLICY AND PURPOSES
STATED IN SECTION SIX HUNDRED NINETY-ONE OF THIS ARTICLE.
S 3. Section 694 of the general municipal law, as amended by chapter
486 of the laws of 1982 and subdivision 5 as amended by chapter 562 of
the laws of 1990, is amended to read as follows:
S 694. Urban development action area project and approval thereof. 1.
Following or in conjunction with the designation of an area or the waiv-
er of an area designation pursuant to section six hundred ninety-three
of this article, the agency shall prepare or cause to be prepared, with
provisions which, where appropriate, are expressly designed to encourage
and stimulate businesses experienced in the development of one to four
family low-rise residential structures or minority owned enterprises in
proposed projects, a project summary for a proposed urban development
action area project.
2. [A proposal for an urban development action area or for a part or
portion of such area, shall be submitted to the commission which shall
certify, after a public hearing held on due notice, its unqualified
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approval, its disapproval, or its qualified approval with recommenda-
tions for modifications therein. The commission shall forward its
certification to the governing body.
3. Following receipt of the commission's certification after a public
hearing held on due notice, the governing body may:
(a) if the commission shall have certified its unqualified approval,
approve the area designation by a majority vote;
(b) if the commission shall have certified its disapproval neverthe-
less approve the area designation, but only by a three-fourths vote;
(c) if the commission shall have certified its qualified approval
together with recommendations for modifications, approve the area desig-
nation together with the modifications recommended by the commission by
a majority vote, or approve the area designation without such modifica-
tions but only by a three-fourths vote.
4. In order to approve the proposal for an urban development action
area the governing body must by resolution first find that:
(a) the present status of the area tends to impair or arrest the sound
growth and development of the municipality;
(b) the financial aid in the form of tax incentives, if any, to be
provided by the municipality pursuant to section six hundred ninety-six
of this article, is necessary to enable the project to be undertaken;
and
(c) the area designation is consistent with the policy and purposes
stated in section six hundred ninety-one of this article.
5.] Any approval of an urban development action area project shall be
MADE BY THE GOVERNING BODY in conformance with the standards and proce-
dures required for all land use determinations pursuant to general,
special or local law or charter. In a city having a population of one
million or more, the governing body may require that the agency incorpo-
rate into the project any or all of the following: (i) the proposed
number of residential units; (ii) whether such units are home ownership
units, rental units or condominium or cooperative units; (iii) a best
estimate of the initial rents or selling prices for such units; (iv) the
proposed income restrictions, if any, on renters or purchasers of such
units; and (v) the basis on which the consideration for the sale or
lease of the property is to be determined. Provided, however, that if
the proposed urban development action area project consists solely of
the rehabilitation or conservation of existing private or multiple
dwellings [or], the construction of one to four unit dwellings OR THE
CONSTRUCTION OF DWELLINGS RESTRICTED TO OCCUPANCY BY THE ELDERLY OR BY
PERSONS WITH DISABILITIES without any change in land use permitted by
local zoning, the governing body, or the commission where so authorized
to act by the governing body, may waive any such standards and proce-
dures required by local law or charter.
S 4. Paragraph (d) of subdivision 6 of section 695 of the general
municipal law, as amended by chapter 437 of the laws of 2000, is amended
to read as follows:
(d) Notwithstanding any standards or procedures established for land
disposition by general, special or local law or charter, if an urban
development action area project [is to be developed on an eligible area
and] consists solely of the rehabilitation or conservation of existing
private or multiple dwellings [or], the construction of one to four unit
dwellings OR THE CONSTRUCTION OF DWELLINGS RESTRICTED TO OCCUPANCY BY
THE ELDERLY OR BY PERSONS WITH DISABILITIES without any change in land
use permitted by local zoning, a municipality may dispose of the real
property constituting such urban development action project to any
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person, firm, or corporation qualified pursuant to this subdivision by
resolution of its governing body or, in any city having a population of
one million or more, by action of the mayor, provided that such disposi-
tion is in accordance with the requirements of this subdivision. Dispo-
sition of real property acquired by condemnation shall be in accordance
with the requirements of section four hundred six of the eminent domain
procedure law, if applicable.
S 5. This act shall take effect immediately; provided, however, the
amendments to section 693 of the general municipal law made by section
two of this act shall survive the expiration and reversion of such
section as provided in section 2 of chapter 701 of the laws of 2006, as
amended.