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This entry was published on 2014-09-22
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SECTION 16
Cooperation with municipalities
Urban Development Corporation Act 174/68 (UDA) CHAPTER INTRO
§ 16. Cooperation with municipalities. (1) In effectuating the
purposes of this act, the corporation and community advisory committees
created pursuant to section four of this act shall work closely, consult
and cooperate with local elected officials and community leaders at the
earliest practicable time. The corporation shall give primary
consideration to local needs and desires and shall foster local
initiative and participation in connection with the planning and
development of its projects. Wherever possible, activities of the
corporation shall be coordinated with local urban renewal and other
community projects, and the corporation shall assist localities in
carrying out such projects. Consideration shall also be given to local
and regional goals and policies as expressed in urban renewal, community
renewal and local comprehensive land use plans and regional plans.

(2) Except with respect to a project consisting in whole or in part of
real property acquired by the corporation pursuant to section fourteen
of this act, before commencing the acquisition, construction,
reconstruction, rehabilitation, alteration or improvement of any
project: (a) upon adoption of the general project plan, the corporation
shall file a copy of such plan, including the findings required pursuant
to section ten of this act, in its corporate offices and in the office
of the clerk of any municipality in which the project is to be located.
Upon request, any other person shall be furnished with a digest of such
plan; (b) pursuant to authorization from the chief executive officer of
the corporation, which authorization may be given prior to the adoption
of such plan by the corporation, the corporation shall: (i) publish in
one newspaper of general circulation within the municipality, (ii)
provide to the chief executive officer of the municipality within which
the project is located, and (iii) in any city having a population of one
million or more, provide to any community board in which the project
will be located, a notice that such plan will be filed upon its adoption
by the corporation and that digests thereof will be available, which
notice shall also state that a public hearing will be held to consider
the plan at a specified time and place on a date not less than ten days
after such publication; (c) the corporation shall conduct a public
hearing pursuant to such notice, provided that such public hearing shall
not take place before the adoption or the filing of such plan by the
corporation; (d) upon a written finding of the chief executive officer
of the corporation that no substantive negative testimony or comment has
been received at such public hearing, such plan shall be effective at
the conclusion of such hearing; provided, however, that if any
substantive negative testimony or comment is received at such public
hearing, the corporation may, after due consideration of such testimony
and comment, affirm, modify or withdraw the plan in the manner provided
for the initial filing of such plan in paragraph (a) of this
subdivision.

(3) After consultation with local officials, as provided in
subdivision one of this section, the corporation and any subsidiary
thereof shall, in constructing, reconstructing, rehabilitating, altering
or improving any project, comply with the requirements of local laws,
ordinances, codes, charters or regulations applicable to such
construction, reconstruction, rehabilitation, alteration or improvement,
provided however, that when, in the discretion of the corporation, such
compliance is not feasible or practicable, the corporation and any
subsidiary thereof shall comply with the requirements of the state
building construction code, formulated by the state building code
council pursuant to article eighteen of the executive law, applicable to
such construction, reconstruction, rehabilitation, alteration or
improvement. In those circumstances where, in the discretion of the
corporation, such compliance with local laws, ordinances, codes,
charters or regulations is not feasible or practicable, and in the case
of any project where the corporation intends to acquire real property
pursuant to section thirteen of this act, the requirements of
subdivision two of this section shall be complied with; provided,
however, that (a) the corporation shall provide a copy of the plan to
the chief executive officer of any municipality within which the project
is to be located, the chairman of the planning board or commission of
any such municipality, or if there is no planning board or commission,
to the presiding officer of the local governing body and in any city
having a population of one million or more, to any community board in
which the project is located, and the public hearing to consider the
plan required pursuant thereto shall be held on thirty days notice
following adoption of the plan by the corporation; (b) any person shall
have the opportunity to present written comments on the plan within
thirty days after the public hearing; (c) any municipality within which
the project is to be located, by majority vote of its planning board or
commission, or in the event there is no planning board or commission, by
majority vote of its local governing body, may recommend approval,
disapproval or modification of the plan, which recommendation shall be
submitted in writing to the corporation within thirty days after such
hearing; and (d) after due consideration of such testimony and comments
and municipal recommendations, if any, the corporation may affirm,
modify or withdraw the plan in the manner provided for the initial
filing of such plan in paragraph (a) of subdivision two of this section,
provided, however that in the event any such municipality has
recommended disapproval or modification of the plan, as provided herein,
the corporation may affirm the plan only by a vote of two-thirds of the
directors thereof then in office. No municipality shall have power to
modify or change the drawings, plans or specifications for the
construction, reconstruction, rehabilitation, alteration or improvement
of any project of the corporation or of any subsidiary thereof, or the
construction, plumbing, heating, lighting or other mechanical branch of
work necessary to complete the work in question, nor to require that any
person, firm or corporation employed on any such work shall perform any
such work in any other or different manner than that provided by such
plans and specifications, nor to require that any such person, firm or
corporation obtain any other or additional authority, approval, permit
or certificate from such municipality in relation to the work being
done, and the doing of any such work by any person, firm or corporation
in accordance with the terms of such drawings, plans, specifications or
contracts shall not subject said person, firm or corporation to any
liability or penalty, civil or criminal, other than as may be stated in
such contracts or incidental to the proper enforcement thereof; nor
shall any municipality have power to require the corporation or any
subsidiary thereof, or lessee therefrom or successor in interest
thereto, to obtain any other or additional authority, approval, permit,
certificate or certificate of occupancy from such municipality as a
condition of owning, using, maintaining, operating or occupying any
project acquired, constructed, reconstructed, rehabilitated, altered or
improved by the corporation or by any subsidiary thereof. The foregoing
provisions shall not preclude any municipality from exercising the right
of inspection for the purpose of requiring compliance by any such
project with local requirements for operation and maintenance, affecting
the health, safety and welfare of the occupants thereof, provided,
however, that such compliance does not require changes, modifications or
additions to the original construction of such project.

(4) Each municipality or political subdivision, including but not
limited to a county, city, town, village or district, in which any
project of the corporation or of any subsidiary thereof is located,
shall provide for such project, whether then owned by the corporation,
any subsidiary thereof or any successor in interest thereto, police,
fire, sanitation, health protection and other municipal services of the
same character and to the same extent as those provided for other
residents of such municipality or political subdivision.

(5) Notwithstanding the provisions of any general, special or local
law or charter, any municipality or any public corporation is hereby
empowered to purchase or lease for a term not exceeding ninety-nine
years a civic project, upon such terms and conditions as may be agreed
upon by such municipality or such public corporation and the
corporation. No agreement for such purchase or lease shall be deemed to
be a contract for public work or purchase within the meaning of the
general municipal law. Nothing contained in this subdivision shall be
deemed to amend or supersede any other provision of law requiring a vote
of the qualified voters of any school district upon a proposed
expenditure of funds or incurring of indebtedness by such school
district.

(6) In carrying out any project, the corporation and its subsidiaries
shall be empowered to enter into contractual agreements with
municipalities and public corporations with respect to the furnishing of
any community, municipal or public facilities or services necessary or
desirable for such project, and any municipality or public corporation
is hereby authorized and empowered, notwithstanding any other law, to
enter into such contractual agreements with the corporation and its
subsidiaries and to do all things necessary to carry out its obligations
under the same.