§ 8 — Cooperation with municipalities

New York § 8

• Jurisdiction: New York
• Law UDR: Urban development research corporation act 173/68

Text

§ 8. Cooperation with municipalities. (1) In effectuating the purposes\nof this act, the corporation shall work closely, consult and cooperate\nwith local elected officials and community leaders at the earliest\npracticable time. The corporation shall give primary consideration to\nlocal needs and desires and shall foster local initiative and\nparticipation in connection with the planning and development of its\nprojects. Wherever possible, activities of the corporation shall be\ncoordinated with local urban renewal and other community projects, and\nthe corporation shall assist localities in carrying out such projects.\nConsideration shall also be given to local and regional goals and\npolicies as expressed in urban renewal, community renewal and local\ncomprehensive land use plans and regional plans.\n (2) Except with respect to a project consisting in whole or in part of\nreal property acquired by the corporation pursuant to section eleven of\nthis act, before commencing the acquisition, construction,\nreconstruction, rehabilitation, alteration or improvement of any\nproject: (a) the corporation shall file a copy of the general project\nplan in its corporate offices and in the office of the clerk of any\nmunicipality in which the project is to be located, and shall provide a\ncopy thereof to the chief executive officer of any such municipality,\nthe chairman of the planning board or commission of any such\nmunicipality, or if there is no planning board or commission, to the\npresiding officer of the local governing body. Upon request, any other\nperson shall be furnished with a digest of such plan; (b) the\ncorporation shall publish a notice of the filing of such plan and the\navailability of digests thereof in one newspaper of general circulation\nwithin the municipality, which notice shall also state that a public\nhearing will be held to consider the plan at a specified time and place\non a date not less than thirty days after such publication; (c) the\ncorporation shall conduct a public hearing pursuant to such notice; (d)\nany person shall have the opportunity to present written comments on the\nplan within thirty days after the public hearing; (e) any municipality\nwithin which the project is to be located, by majority vote of its\nplanning board or commission, or in the event there is no planning board\nor commission, by majority vote of its local governing body, may\nrecommend approval, disapproval or modification of the plan, which\nrecommendation shall be submitted in writing to the corporation within\nthirty days after such hearing: (f) after due consideration of such\ntestimony and comments and municipal recommendations, if any, the\ncorporation may affirm, modify or withdraw the plan in the manner\nprovided for the initial filing of such plan in paragraph (a) of this\nsubdivision, provided, however, that in the event any such municipality\nhas recommended disapproval or modification of the plan, as provided\nherein, the corporation may affirm the plan only by a vote of two-thirds\nof the directors thereof then in office.\n (3) After consultation with local officials, as provided in\nsubdivision one of this section, the corporation and any subsidiary\nthereof shall, in constructing, reconstructing, rehabilitating, altering\nor improving any project, comply with the requirements of local laws,\nordinances, codes, charters or regulations applicable to such\nconstruction, reconstruction, rehabilitation, alteration or improvement,\nprovided however, that when, in the discretion of the corporation, such\ncompliance is not feasible or practicable, the corporation and any\nsubsidiary thereof shall comply with the requirements of the state\nbuilding construction code, formulated by the state building code\ncouncil pursuant to article eighteen of the executive law, applicable to\nsuch construction, reconstruction, rehabilitation, alteration or\nimprovement. No municipality shall have power to modify or change the\ndrawings, plans or specifications for the construction, reconstruction,\nrehabilitation, alteration or improvement of any project of the\ncorporation or of any subsidiary thereof, or the construction, plumbing,\nheating, lighting or other mechanical branch of work necessary to\ncomplete the work in question, nor to require that any person, firm or\ncorporation employed on any such work shall perform any such work in any\nother or different manner than that provided by such plans and\nspecifications, nor to require that any such person, firm or corporation\nobtain any other or additional authority, approval, permit or\ncertificate from such municipality in relation to the work being done,\nand the doing of any such work by any person, firm or corporation in\naccordance with the terms of such drawings, plans, specifications or\ncontracts shall not subject said person, firm or corporation to any\nliability or penalty, civil or criminal, other than as may be stated in\nsuch contracts or incidental to the proper enforcement thereof; nor\nshall any municipality have power to require the corporation or any\nsubsidiary thereof or successor in interest thereto to obtain any other\nor additional authority, approval, permit, certificate or certificate of\noccupancy from such municipality as a condition of owning, using,\nmaintaining, operating or occupying any project acquired, constructed,\nreconstructed, rehabilitated, altered or improved by the corporation or\nby any subsidiary thereof. The foregoing provisions shall not preclude\nany municipality from exercising the right of inspection for the purpose\nof requiring compliance by any such project with local requirements for\noperation and maintenance, affecting the health, safety and welfare of\nthe occupants thereof, provided, however, that such compliance does not\nrequire changes, modifications or additions to the original construction\nof such project.\n (4) Each municipality or political subdivision, including but not\nlimited to a county, city, town, village or district, in which any\nproject of the corporation or of any subsidiary thereof is located,\nshall provide for such project, whether then owned by the corporation,\nany subsidiary thereof or any successor in interest thereto, police,\nfire, sanitation, health protection and other municipal services of the\nsame character and to the same extent as those provided for other\nresidents of such municipality or political subdivision.\n