§ 55-A — Facilities incidental or appurtenant to a project

§ 55-a. Facilities incidental or appurtenant to a project.\n In addition to any other lawful method for the provision by an\nauthority of facilities incidental or appurtenant to a project, a\nmunicipality may in connection with any project of an authority, upon\napproval by the local legislative body, contract with an authority for\nthe preparation of plans and construction by the authority for the\nmunicipality, as part of a combined occupancy structure, of a social,\nrecreational, health, educational, or other non-housing facility or\nfacilities deemed by the municipality and the authority to be incidental\nor appurtenant to such project, including material and equipment\ncustomarily provided in connection with such facility and required for\nthe operation thereof, and for the conveyance, grant or surrender in fee\nof its interest in the facility or facilities by the authority to the\nmunicipality upon reimbursement of the authority by the municipality for\nall costs incurred by the authority for development of the facility\nduring construction or upon conveyance thereof. The authority and the\nmunicipality may provide for, grant and reserve such easements, space\nrights and air rights as they may deem necessary to effectuate the\nproject and complete the facility. The cost of any such non-housing\nfacility or facilities to be built by the authority for the\nmunicipality, which cost is to be reimbursed by the municipality to the\nauthority, shall not be included in project cost for the purpose of\ndetermining the amount of periodic subsidies, if any, to be paid by the\nstate for the project pursuant to section seventy-three of this chapter.\nNotwithstanding the provisions of any other general, special or local\nlaw to the contrary, such contract may provide that the authority shall\nhave sole charge and control over the plans and specifications for and\nthe construction and supervision during construction of such facility or\nfacilities; provided that the plans and specifications for and the\nconstruction of the project and the non-housing facility or facilities\nshall be subject to approval of the agency or agencies of the state and\nmunicipality having jurisdiction thereof as provided by law. The\nauthority shall in constructing such facility or facilities comply with\nthe requirements of this chapter. As used in this section "combined\noccupancy structure" shall mean any improvement on real property\nincluding fee interests, easements, space rights or air rights,\ncontaining a non-housing facility or facilities in combination with the\nresidential portion of a project and intended to increase from both a\nplanning and economic viewpoint the effective utilization of available\nland areas. A combined occupancy structure shall also include a\nstructure in a project or development under the auspices of the\nauthority wherein housing portions of structures placed upon the overall\nsite are not built in space rights over the non-housing portion, so long\nas some part of the housing portion is constructed over the non-housing\nportion. The foregoing authorization shall be in addition to any\nexisting powers of an authority or municipality under this chapter, and\nis not intended to nor shall it impair any existing powers of an\nauthority pursuant to this chapter to provide non-housing facilities\ndeemed incidental or appurtenant to a project, and to operate such\nfacilities or lease the same to a municipality or agency thereof, public\nor non-profit body, or other person or corporation, for such operation\nor use.\n