LBD07543-01-3
A. 4223 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.
A. 4223 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:
A. 4223 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.
A. 4223 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-
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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.