senate Bill S4845

2013-2014 Legislative Session

Authorizes cities, towns and villages to establish mixed-use age integrated communities, offer incentives to developers, and a tax exemption for such property

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to cities
Apr 26, 2013 referred to cities

S4845 - Bill Details

See Assembly Version of this Bill:
A4223
Current Committee:
Senate Cities
Law Section:
General City Law
Laws Affected:
Amd §§28-a, 81-d & 81-f, Gen City L; amd §§261-b, 261-c & 272-a, Town L; amd §§7-703, 7-703-a & 7-722, Vil L; add §421-n, RPT L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3878
2009-2010: A1717

S4845 - Bill Texts

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Authorizes cities, towns and villages to establish mixed-use age-integrated communities by permitting the development of sites to combine residential units, commercial space and/or services for a multi-age population; 30% of such residential units shall be for persons 60 years of age or older, and at least 10% thereof shall be affordable by persons at 60% or less of the area median income; authorizes, cities, town and villages to grant incentives for the construction of such communities; grants a real property tax exemption for such housing.

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BILL NUMBER:S4845

TITLE OF BILL: An act to amend the general city law, the town law,
the village law and the real property tax law, in relation to age
integrated communities

PURPOSE: OR GENERAL IDEA OF THE BILL: To amend town law, village law
and the general city law in relation to age integrated communities
authorizing said agencies to enact by local law or ordinance,
provisions to permit the owners of "strip malls" to construct in and
use for residential purposes by senior citizens the air rights above
such retail units.

SUMMARY OF PROVISIONS: Section 272-A of the Town law is amended by
adding a new paragraph d and subdivision 13. Paragraph H of
subdivision 3 of section 7-222 of the village Law is amended to
include age-integrated housing. The Real Property Tax Law is amended
by adding a new section 421-n. These amendments authorize local
governments to enact by local law or ordinance provisions permitting
owners of attached single story commercial retail units to construct
housing units to be occupied by at least one person age fifty-five or
older. All construction authorized by this section shall be in
accordance with the town's design standards, comprehensive plans, and
goals.

JUSTIFICATION: Currently New York has an inadequate number of
affordable senior citizen housing and/or integrated communities that
can provide our seniors with the necessary services that are required
to sustain a quality standard of life. Within the United States, New
York continues to have the second largest elderly population, which in
the year 2015 is estimated to comprise approximately 20% of New York's
total population. These facts necessitate action to ensure that New
York is ready and able to provide quality affordable housing that
adequately meet the needs of our senior citizens.

This bill will provide a means in which communities throughout New
York can opt to incorporate their community goals and standards while
providing a viable means in which to integrate affordable senior
housing projects with existing and/or future commercial retail sites.
Thereby, offering affordable seniors housing that is readily
accessible to needed services, while effectively utilizing space that
would otherwise be needlessly unoccupied

LEGISLATIVE HISTORY: 2003-04: A7076 Referred to local governments
2005-06: A.5279B Reported referred to ways and means 2007-08: A857-A
Held for consideration in ways and means 2009-10 A1717 referred to
local governments 2011-12 A3878 local governments

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall become law.

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

                                  4845

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the general city law, the town law, the village law  and
  the real property tax law, in relation to age integrated communities

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

  Section 1. Legislative finding. The legislature  finds  that  in  many
areas of the state there is inadequate availability of affordable senior
citizen  housing  and/or housing integrated in communities with services
for seniors including transportation, shopping, community facilities and
residential neighborhoods. The housing inadequacy will get worse because
the number of New York citizens over 65 years of age  will  increase  40
per  centum  over  the 30 years between 1995 and 2025.  As a result, the
legislature finds that a senior citizen housing crisis exists.
  Therefore, the legislature hereby finds and declares that it is neces-
sary for cities, towns and villages to foster housing opportunities  for
seniors  through  zoning and planning actions. This may include, but not
be limited to, allowing mixed-use development with senior dwelling units
compatibly integrated and facilitating new mixed-use development includ-
ing planned unit developments within use and area requirements.
  S 2. Subdivision 3 of section 28-a of the general city law is  amended
by adding a new paragraph (d) to read as follows:
  (D)  "MIXED-USE  AGE-INTEGRATED HOUSING" SHALL MEAN THE DEVELOPMENT OR
REDEVELOPMENT OF SINGLE SITES TO COMBINE RESIDENTIAL  UNITS,  COMMERCIAL
SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
LEAST  THIRTY  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL
BE FOR INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT  LEAST  TEN
PER  CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE AFFORDABLE
TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
  S 3. Paragraph (h) of subdivision 4 of section  28-a  of  the  general
city  law,  as amended by chapter 418 of the laws of 1995, is amended to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07543-01-3

S. 4845                             2

  (h) Existing housing resources and future  housing  needs,  including,
BUT  NOT  LIMITED TO, affordable housing AND HOUSING FOR SENIOR CITIZENS
CONSISTENT WITH THE GOAL OF MIXED-USE AGE-INTEGRATED HOUSING.
  S  4.  Section 28-a of the general city law is amended by adding a new
subdivision 14 to read as follows:
  14. MIXED-USE AGE-INTEGRATED HOUSING INCENTIVE FUND.  IN  CASES  WHERE
THE  CITY  IS APPROVING A SUBDIVISION PLAT OR SITE PLAN FOR FIVE OR MORE
RESIDENTIAL UNITS OR A MIXED-USE DEVELOPMENT THAT INCORPORATES  FIVE  OR
MORE  RESIDENTIAL  UNITS,  THE  CITY  MAY ESTABLISH A PROGRAM TO PROVIDE
DEVELOPERS WITH INCENTIVES TO DEVELOP MIXED-USE AGE-INTEGRATED  HOUSING.
SUCH  PROGRAM  MAY  INCLUDE THE FOLLOWING INCENTIVES, IN ADDITION TO ANY
OTHER INCENTIVES ALREADY PROVIDED IN LAW.  IN  EXCHANGE  FOR  A  DENSITY
INCREASE OF AT LEAST TEN PER CENTUM OVER THE OTHERWISE ALLOWABLE DENSITY
RATIO UNDER THE APPLICABLE ZONING ORDINANCE AND COMPREHENSIVE PLAN AS OF
THE  DATE  OF  APPLICATION  BY  THE  DEVELOPER, THE CITY MAY REQUIRE THE
DEVELOPER TO PROVIDE THE FOLLOWING:
  (A) THE SET ASIDE OF AT LEAST TEN PER CENTUM OF THE RESIDENTIAL  UNITS
REQUESTED  IN  THE SUBDIVISION PLAT OR SITE PLAN FOR MIXED-USE AGE-INTE-
GRATED HOUSING, OR
  (B) UPON A FINDING BY  THE  CITY  THAT  THE  SET  ASIDE  OF  MIXED-USE
AGE-INTEGRATED  HOUSING  UNITS WOULD HAVE A SPECIFIC ADVERSE IMPACT UPON
HEALTH, SAFETY OR THE ENVIRONMENT FOR WHICH THERE IS NO FEASIBLE  METHOD
TO  SATISFACTORILY  MITIGATE  OR  AVOID THE SPECIFIC ADVERSE IMPACT, THE
CITY MAY REQUIRE THE DEVELOPER  TO  PAY  A  REASONABLE  FEE  THAT  SHALL
CONSTITUTE A TRUST FUND TO BE USED EXCLUSIVELY BY THE CITY FOR PROVIDING
MIXED-USE  AGE-INTEGRATED  SERVICES  SUCH AS, BUT NOT LIMITED TO, SENIOR
TRANSPORTATION, HOME HEALTH CARE, HOME DELIVERED MEALS, OR RESPITE CARE.
ALL FEES COLLECTED BY THE CITY AS PROVIDED IN THIS SECTION SHALL BE KEPT
IN TRUST SEPARATE AND APART FROM ALL OTHER MONEYS. MONEYS IN SUCH  TRUST
FUND  SHALL  BE  DEPOSITED AND SECURED IN THE MANNER PROVIDED BY SECTION
TEN OF THE GENERAL MUNICIPAL LAW. PENDING EXPENDITURES FROM  SUCH  TRUST
FUND,  MONEYS  THEREIN MAY BE INVESTED IN THE MANNER PROVIDED IN SECTION
ELEVEN OF THE GENERAL MUNICIPAL LAW. ANY INTEREST OR CAPITAL GAIN  REAL-
IZED  ON  THE MONEYS SO DEPOSITED OR INVESTED SHALL ACCRUE TO AND BECOME
PART OF SUCH TRUST FUND.
  PRIOR TO OFFERING THE INCENTIVES INDICATED IN  THIS  SUBDIVISION,  THE
CITY  SHALL  ADOPT  A  LOCAL LAW SPECIFYING HOW THEY WILL IMPLEMENT THIS
INCENTIVE PROGRAM, INCLUDING PROVISIONS FOR HOW THE DENSITY INCREASE AND
OTHER INCENTIVES WILL BE IMPLEMENTED.
  S 5. Paragraph (b) of subdivision 1 of section  81-d  of  the  general
city  law,  as added by chapter 247 of the laws of 1992, such section as
renumbered by chapter 208 of the laws of 1993,  is  amended  and  a  new
paragraph (d) is added to read as follows:
  (b)  "Community  benefits or amenities" shall mean open space, housing
for persons of low or moderate income, HOUSING FOR PERSONS AGE SIXTY  OR
OLDER,  parks,  elder  care, day care INCLUDING ADULT DAY CARE, or other
specific physical, social, or cultural amenities, or cash in lieu there-
of, of benefit to the residents  of  the  community  authorized  by  the
legislative body of a city.
  (D)  "MIXED-USE  AGE-INTEGRATED HOUSING" SHALL MEAN THE DEVELOPMENT OR
REDEVELOPMENT OF SINGLE SITES TO COMBINE RESIDENTIAL  UNITS,  COMMERCIAL
SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
LEAST  THIRTY  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL
BE FOR INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT  LEAST  TEN
PER  CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE AFFORDABLE
TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.

S. 4845                             3

  S 6. Section 81-f of the general city law, as added by chapter 213  of
the laws of 2003, is amended to read as follows:
  S  81-f. Planned unit development zoning districts. A city legislative
body, except in a city having a population  of  more  than  one  million
persons,  is hereby authorized to enact, as part of its zoning local law
or ordinance, procedures and  requirements  for  the  establishment  and
mapping  of  planned  unit  development  zoning  districts. Planned unit
development district regulations are intended to  provide  for  residen-
tial, commercial, industrial or other land uses, MIXED-USE AGE-INTEGRAT-
ED  HOUSING  AS DEFINED IN SECTION EIGHTY-ONE-D OF THIS ARTICLE or a mix
thereof, in which economies of scale, creative architectural or planning
concepts and open space preservation may be achieved by a  developer  in
furtherance of the city comprehensive plan and zoning local law or ordi-
nance.
  S  7. Paragraph (b) of subdivision 1 of section 261-b of the town law,
as added by chapter 629 of the laws of 1991, is amended and a new  para-
graph (d) is added to read as follows:
  (b)  "Community  benefits or amenities" shall mean open space, housing
for persons of low or moderate income, HOUSING FOR PERSONS AGE SIXTY  OR
OLDER,  parks,  elder  care,  day care INCLUDING ADULT DAY CARE or other
specific physical, social or cultural amenities, or cash in lieu  there-
of,  of benefit to the residents of the community authorized by the town
board.
  (D) "MIXED-USE AGE-INTEGRATED HOUSING" SHALL MEAN THE  DEVELOPMENT  OR
REDEVELOPMENT  OF  SINGLE SITES TO COMBINE RESIDENTIAL UNITS, COMMERCIAL
SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
LEAST THIRTY PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL  UNITS  SHALL
BE  FOR  INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT LEAST TEN
PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE  AFFORDABLE
TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
  S  8.  Section  261-c  of the town law, as added by chapter 213 of the
laws of 2003, is amended to read as follows:
  S 261-c. Planned unit development zoning districts. A town legislative
body is hereby authorized to enact, as part of its zoning local  law  or
ordinance, procedures and requirements for the establishment and mapping
of  planned  unit development zoning districts. Planned unit development
district regulations are intended to provide  for  residential,  commer-
cial, industrial or other land uses, MIXED-USE AGE-INTEGRATED HOUSING AS
DEFINED  IN  SECTION  TWO  HUNDRED  SIXTY-ONE-B OF THIS ARTICLE or a mix
thereof, in which economies of scale, creative architectural or planning
concepts and open space preservation may be achieved by a  developer  in
furtherance of the town comprehensive plan and zoning local law or ordi-
nance.
  S  9.  Subdivision  2  of  section 272-a of the town law is amended by
adding a new paragraph (d) to read as follows:
  (D) "MIXED-USE AGE-INTEGRATED HOUSING" SHALL MEAN THE  DEVELOPMENT  OR
REDEVELOPMENT  OF  SINGLE SITES TO COMBINE RESIDENTIAL UNITS, COMMERCIAL
SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
LEAST THIRTY PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL  UNITS  SHALL
BE  FOR  INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT LEAST TEN
PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE  AFFORDABLE
TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
  S 10. Paragraph (h) of subdivision 3 of section 272-a of the town law,
as  amended  by  chapter  418 of the laws of 1995, is amended to read as
follows:

S. 4845                             4

  (h) Existing housing resources and future  housing  needs,  including,
BUT  NOT  LIMITED TO, affordable housing AND HOUSING FOR SENIOR CITIZENS
CONSISTENT WITH THE GOAL OF MIXED-USE AGE-INTEGRATED HOUSING.
  S 11.  Section 272-a of the town law is amended by adding a new subdi-
vision 13 to read as follows:
  13.  MIXED-USE  AGE-INTEGRATED  HOUSING INCENTIVE FUND. IN CASES WHERE
THE TOWN IS APPROVING A SUBDIVISION PLAT OR SITE PLAN FOR FIVE  OR  MORE
RESIDENTIAL  UNITS  OR A MIXED-USE DEVELOPMENT THAT INCORPORATES FIVE OR
MORE RESIDENTIAL UNITS, THE TOWN MAY  ESTABLISH  A  PROGRAM  TO  PROVIDE
DEVELOPERS  WITH INCENTIVES TO DEVELOP MIXED-USE AGE-INTEGRATED HOUSING.
SUCH PROGRAM MAY INCLUDE THE FOLLOWING INCENTIVES, IN  ADDITION  TO  ANY
OTHER  INCENTIVES  ALREADY  PROVIDED  IN  LAW. IN EXCHANGE FOR A DENSITY
INCREASE OF AT LEAST TEN PER CENTUM OVER THE OTHERWISE ALLOWABLE DENSITY
RATIO UNDER THE APPLICABLE ZONING ORDINANCE AND COMPREHENSIVE PLAN AS OF
THE DATE OF APPLICATION BY THE  DEVELOPER,  THE  TOWN  MAY  REQUIRE  THE
DEVELOPER TO PROVIDE THE FOLLOWING:
  (A)  THE SET ASIDE OF AT LEAST TEN PER CENTUM OF THE RESIDENTIAL UNITS
REQUESTED IN THE SUBDIVISION PLAT OR SITE PLAN FOR  MIXED-USE  AGE-INTE-
GRATED HOUSING, OR
  (B)  UPON  A  FINDING  BY  THE  TOWN  THAT  THE SET ASIDE OF MIXED-USE
AGE-INTEGRATED HOUSING UNITS WOULD HAVE A SPECIFIC ADVERSE  IMPACT  UPON
HEALTH,  SAFETY OR THE ENVIRONMENT FOR WHICH THERE IS NO FEASIBLE METHOD
TO SATISFACTORILY MITIGATE OR AVOID THE  SPECIFIC  ADVERSE  IMPACT,  THE
TOWN  MAY  REQUIRE  THE  DEVELOPER  TO  PAY  A REASONABLE FEE THAT SHALL
CONSTITUTE A TRUST FUND TO BE USED EXCLUSIVELY BY THE TOWN FOR PROVIDING
MIXED-USE AGE-INTEGRATED SERVICES SUCH AS, BUT NOT  LIMITED  TO,  SENIOR
TRANSPORTATION, HOME HEALTH CARE, HOME DELIVERED MEALS, OR RESPITE CARE.
ALL FEES COLLECTED BY THE TOWN AS PROVIDED IN THIS SECTION SHALL BE KEPT
IN  TRUST SEPARATE AND APART FROM ALL OTHER MONEYS. MONEYS IN SUCH TRUST
FUND SHALL BE DEPOSITED AND SECURED IN THE MANNER  PROVIDED  BY  SECTION
TEN  OF  THE GENERAL MUNICIPAL LAW. PENDING EXPENDITURES FROM SUCH TRUST
FUND, MONEYS THEREIN MAY BE INVESTED IN THE MANNER PROVIDED  IN  SECTION
ELEVEN  OF THE GENERAL MUNICIPAL LAW. ANY INTEREST OR CAPITAL GAIN REAL-
IZED ON THE MONEYS SO DEPOSITED OR INVESTED SHALL ACCRUE TO  AND  BECOME
PART OF SUCH TRUST FUND.
  PRIOR  TO  OFFERING  THE INCENTIVES INDICATED IN THIS SUBDIVISION, THE
TOWN SHALL ADOPT A LOCAL LAW SPECIFYING HOW  THEY  WILL  IMPLEMENT  THIS
INCENTIVE PROGRAM, INCLUDING PROVISIONS FOR HOW THE DENSITY INCREASE AND
OTHER INCENTIVES WILL BE IMPLEMENTED.
  S  12.  Paragraph  b  of subdivision 1 of section 7-703 of the village
law, as added by chapter 629 of the laws of 1991, is amended and  a  new
paragraph d is added to read as follows:
  b.  "Community  benefits  or amenities" shall mean open space, housing
for persons of low or moderate income, HOUSING FOR PERSONS AGE SIXTY  OR
OLDER,  parks,  elder  care,  day care INCLUDING ADULT DAY CARE or other
specific physical, social or cultural amenities, or cash in lieu  there-
of,  of  benefit  to  the  residents  of the community authorized by the
village board of trustees.
  D. "MIXED-USE AGE-INTEGRATED HOUSING" SHALL MEAN  THE  DEVELOPMENT  OR
REDEVELOPMENT  OF  SINGLE SITES TO COMBINE RESIDENTIAL UNITS, COMMERCIAL
SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION. PROVIDED, HOWEVER,  AT
LEAST  THIRTY  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL
BE FOR INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT  LEAST  TEN
PER  CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE AFFORDABLE
TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.

S. 4845                             5

  S 13. Section 7-703-a of the village law, as added by chapter  213  of
the laws of 2003, is amended to read as follows:
  S  7-703-a Planned unit development zoning districts. A village legis-
lative body is hereby authorized to enact, as part of its  zoning  local
law,  procedures  and  requirements for the establishment and mapping of
planned unit development  zoning  districts.  Planned  unit  development
district  regulations  are  intended to provide for residential, commer-
cial, industrial or other land uses, MIXED-USE AGE-INTEGRATED HOUSING AS
DEFINED IN SECTION 7-703 OF THIS ARTICLE or  a  mix  thereof,  in  which
economies of scale, creative architectural or planning concepts and open
space  preservation may be achieved by a developer in furtherance of the
village comprehensive plan and zoning local law.
  S 14. Subdivision 2 of section 7-722 of the village law is amended  by
adding a new paragraph (d) to read as follows:
  (D)  "MIXED-USE  AGE-INTEGRATED HOUSING" SHALL MEAN THE DEVELOPMENT OR
REDEVELOPMENT OF SINGLE SITES TO COMBINE RESIDENTIAL  UNITS,  COMMERCIAL
SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
LEAST  THIRTY  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL
BE FOR INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT  LEAST  TEN
PER  CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE AFFORDABLE
TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
  S 15. Paragraph (h) of subdivision 3 of section 7-722 of  the  village
law,  as  amended by chapter 418 of the laws of 1995, is amended to read
as follows:
  (h) Existing housing resources and future  housing  needs,  including,
BUT  NOT  LIMITED TO, affordable housing AND HOUSING FOR SENIOR CITIZENS
CONSISTENT WITH THE GOAL OF  MIXED-USE  AGE-INTEGRATED  PROJECTS  WITHIN
COMMUNITIES.
  S  16.  Section  7-722  of  the village law is amended by adding a new
subdivision 13 to read as follows:
  13. MIXED-USE AGE-INTEGRATED HOUSING INCENTIVE FUND.  IN  CASES  WHERE
THE  VILLAGE  IS  APPROVING  A SUBDIVISION PLAT OR SITE PLAN FOR FIVE OR
MORE RESIDENTIAL UNITS OR A MIXED-USE DEVELOPMENT THAT INCORPORATES FIVE
OR MORE RESIDENTIAL UNITS,  THE  VILLAGE  MAY  ESTABLISH  A  PROGRAM  TO
PROVIDE  DEVELOPERS  WITH INCENTIVES TO DEVELOP MIXED-USE AGE-INTEGRATED
HOUSING. SUCH PROGRAM MAY INCLUDE THE FOLLOWING INCENTIVES, IN  ADDITION
TO  ANY  OTHER  INCENTIVES  ALREADY  PROVIDED  IN LAW. IN EXCHANGE FOR A
DENSITY INCREASE OF AT LEAST TEN PER CENTUM OVER THE OTHERWISE ALLOWABLE
DENSITY RATIO UNDER THE APPLICABLE ZONING  ORDINANCE  AND  COMPREHENSIVE
PLAN  AS  OF  THE  DATE OF APPLICATION BY THE DEVELOPER, THE VILLAGE MAY
REQUIRE THE DEVELOPER TO PROVIDE THE FOLLOWING:
  (A) THE SET ASIDE OF AT LEAST TEN PER CENTUM OF THE RESIDENTIAL  UNITS
REQUESTED  IN  THE SUBDIVISION PLAT OR SITE PLAN FOR MIXED-USE AGE-INTE-
GRATED HOUSING, OR
  (B) UPON A FINDING BY THE VILLAGE THAT  THE  SET  ASIDE  OF  MIXED-USE
AGE-INTEGRATED  HOUSING  UNITS WOULD HAVE A SPECIFIC ADVERSE IMPACT UPON
HEALTH, SAFETY OR THE ENVIRONMENT FOR WHICH THERE IS NO FEASIBLE  METHOD
TO  SATISFACTORILY  MITIGATE  OR  AVOID THE SPECIFIC ADVERSE IMPACT, THE
VILLAGE MAY REQUIRE THE DEVELOPER TO PAY A  REASONABLE  FEE  THAT  SHALL
CONSTITUTE  A  TRUST  FUND  TO  BE  USED  EXCLUSIVELY BY THE VILLAGE FOR
PROVIDING MIXED-USE AGE-INTEGRATED SERVICES SUCH AS, BUT NOT LIMITED TO,
SENIOR TRANSPORTATION,  HOME  HEALTH  CARE,  HOME  DELIVERED  MEALS,  OR
RESPITE  CARE.  ALL  FEES  COLLECTED  BY THE VILLAGE AS PROVIDED IN THIS
SECTION SHALL BE KEPT IN TRUST SEPARATE AND APART FROM ALL OTHER MONEYS.
MONEYS IN SUCH TRUST FUND SHALL BE DEPOSITED AND SECURED IN  THE  MANNER
PROVIDED  BY  SECTION TEN OF THE GENERAL MUNICIPAL LAW. PENDING EXPENDI-

S. 4845                             6

TURES FROM SUCH TRUST FUND, MONEYS THEREIN MAY BE INVESTED IN THE MANNER
PROVIDED IN SECTION ELEVEN OF THE GENERAL MUNICIPAL LAW. ANY INTEREST OR
CAPITAL GAIN REALIZED ON THE  MONEYS  SO  DEPOSITED  OR  INVESTED  SHALL
ACCRUE TO AND BECOME PART OF SUCH TRUST FUND.
  PRIOR  TO  OFFERING  THE INCENTIVES INDICATED IN THIS SUBDIVISION, THE
VILLAGE SHALL ADOPT A LOCAL LAW SPECIFYING HOW THEY WILL IMPLEMENT  THIS
INCENTIVE PROGRAM, INCLUDING PROVISIONS FOR HOW THE DENSITY INCREASE AND
OTHER INCENTIVES WILL BE IMPLEMENTED.
  S  17.  The  real  property tax law is amended by adding a new section
421-n to read as follows:
  S 421-N. MIXED-USE AGE-INTEGRATED HOUSING EXEMPTION. ANY COUNTY, CITY,
TOWN, VILLAGE OR SCHOOL DISTRICT MAY BY LOCAL LAW OR IN THE  CASE  OF  A
SCHOOL  DISTRICT  BY  RESOLUTION,  OTHER THAN A SCHOOL DISTRICT TO WHICH
ARTICLE FIFTY-TWO OF THE EDUCATION LAW APPLIES, AFTER A  PUBLIC  HEARING
ADOPT  THE  PROVISIONS  OF  THIS  SECTION PROVIDING FOR AN EXEMPTION FOR
SENIOR CITIZEN MIXED-USE AGE-INTEGRATED HOUSING AS  DEFINED  IN  SECTION
TWO HUNDRED SEVENTY-TWO-A OF THE TOWN LAW.
  SUCH  LOCAL LAW, OR IN THE CASE OF A SCHOOL DISTRICT, SUCH RESOLUTION,
MAY PROVIDE FOR THE EXEMPTIONS APPLICATION TO BE LIMITED TO  A  SPECIFIC
GEOGRAPHIC  AREA OF SUCH COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT.
SUCH EXEMPTIONS SHALL BE COMPUTED UPON THE INCREASE IN  VALUE  ATTRIBUT-
ABLE  TO  THE NEW CONSTRUCTION, OR IN THE CASE OF RECONSTRUCTION, TO THE
INCREASE IN VALUE ATTRIBUTABLE TO SUCH RECONSTRUCTION.
  SUCH MIXED-USE AGE-INTEGRATED HOUSING EXEMPTION SHALL BE  PURSUANT  TO
THE FOLLOWING EXEMPTION SCHEDULE:
          YEAR OF EXEMPTION             PERCENTAGE OF EXEMPTION
                 1                             50
                 2                             50
                 3                             50
                 4                             40
                 5                             30
                 6                             20
                 7                             10
                 8                             10
                 9                             10
                 10                            5
  S  18.  The  state  office  for  the aging and the department of state
shall:
  (a) prepare or cause to be prepared  and  made  available  to  cities,
towns  and  villages  model  zoning  and planning guidelines that foster
age-integrated communities including provisions to allow  for  accessory
senior citizen units in areas zoned for single family residences and for
mixed-use  development accommodating senior citizen residential housing;
and
  (b) make recommendations, in consultation with the division of housing
and community renewal, to the governor  and  legislature  for  assisting
mixed-use  age-integrated  housing  development  or redevelopment demon-
stration projects in urban, suburban and rural areas of the  state.  The
director  of  the  state office for the aging and the secretary of state
shall establish an advisory committee for purposes of this section. Such
committee shall include, but not be limited to, top  representatives  of
local  government,  senior  citizen  organizations,  developers,  senior
service providers and planners.
  S 19. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.

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