§ 55-a. Facilities incidental or appurtenant to a project.

In addition to any other lawful method for the provision by an
authority of facilities incidental or appurtenant to a project, a
municipality may in connection with any project of an authority, upon
approval by the local legislative body, contract with an authority for
the preparation of plans and construction by the authority for the
municipality, as part of a combined occupancy structure, of a social,
recreational, health, educational, or other non-housing facility or
facilities deemed by the municipality and the authority to be incidental
or appurtenant to such project, including material and equipment
customarily provided in connection with such facility and required for
the operation thereof, and for the conveyance, grant or surrender in fee
of its interest in the facility or facilities by the authority to the
municipality upon reimbursement of the authority by the municipality for
all costs incurred by the authority for development of the facility
during construction or upon conveyance thereof. The authority and the
municipality may provide for, grant and reserve such easements, space
rights and air rights as they may deem necessary to effectuate the
project and complete the facility. The cost of any such non-housing
facility or facilities to be built by the authority for the
municipality, which cost is to be reimbursed by the municipality to the
authority, shall not be included in project cost for the purpose of
determining the amount of periodic subsidies, if any, to be paid by the
state for the project pursuant to section seventy-three of this chapter.
Notwithstanding the provisions of any other general, special or local
law to the contrary, such contract may provide that the authority shall
have sole charge and control over the plans and specifications for and
the construction and supervision during construction of such facility or
facilities; provided that the plans and specifications for and the
construction of the project and the non-housing facility or facilities
shall be subject to approval of the agency or agencies of the state and
municipality having jurisdiction thereof as provided by law. The
authority shall in constructing such facility or facilities comply with
the requirements of this chapter. As used in this section "combined
occupancy structure" shall mean any improvement on real property
including fee interests, easements, space rights or air rights,
containing a non-housing facility or facilities in combination with the
residential portion of a project and intended to increase from both a
planning and economic viewpoint the effective utilization of available
land areas. A combined occupancy structure shall also include a
structure in a project or development under the auspices of the
authority wherein housing portions of structures placed upon the overall
site are not built in space rights over the non-housing portion, so long
as some part of the housing portion is constructed over the non-housing
portion. The foregoing authorization shall be in addition to any
existing powers of an authority or municipality under this chapter, and
is not intended to nor shall it impair any existing powers of an
authority pursuant to this chapter to provide non-housing facilities
deemed incidental or appurtenant to a project, and to operate such
facilities or lease the same to a municipality or agency thereof, public
or non-profit body, or other person or corporation, for such operation
or use.