S3736A-2013 - NY Senate Open Legislation - Authorizes the reinstatement of prior approved work permits and waives certain requirements of general city law for homes devastated by Hurricane Sandy

Authorizes the reinstatement of prior approved work permits and waives certain requirements of general city law for homes devastated by Hurricane Sandy in the city of New York.

Sponsor: ADDABBO / Co-sponsor(s): AVELLA, GOLDEN, LANZA
Law Section: General City

S3736A-2013 Actions

May 7, 2013: AMENDED ON THIRD READING 3736B
Mar 14, 2013: ADVANCED TO THIRD READING
Mar 13, 2013: 2ND REPORT CAL.
Mar 12, 2013: 1ST REPORT CAL.199
Mar 6, 2013: PRINT NUMBER 3736A
Mar 6, 2013: AMEND AND RECOMMIT TO CITIES
Feb 13, 2013: REFERRED TO CITIES

S3736A-2013 Meetings

Cities: Mar 12, 2013

S3736A-2013 Calendars

S3736A-2013 Votes

VOTE: COMMITTEE VOTE: - Cities - Mar 12, 2013

Ayes (6): Lanza, Ball, DeFrancisco, Grisanti, Avella, Breslin

S3736A-2013 Memo

BILL NUMBER:S3736A

TITLE OF BILL:  An act authorizing the reinstatement of prior approved
work   permits   and  waiving  the  requirements  of  section  35  and
subdivision 2 of section 36 of the general city law as such provisions
relate to rebuilding and repairing homes devastated by Hurricane Sandy
in the city of  New  York;  and  providing  for  the  repeal  of  such
provisions upon expiration thereof

Purpose of Bill:  The bill is designed to aid those residing in Breezy
Point  that  seek  to  rebuild  or  repair  their  homes following the
devastation or Hurricane Sandy. Due to the  unique  layout  of  Breezy
Point  many  homes do not have mapped street frontage which triggers a
BSA hearing and ultimate sign off. This application and review process
can typically take 6-12 months or more to be addressed  and  therefore
in  a  effort  to  speed  recovery,  it  is  a  necessity to waive the
requirements of sections within the General City Law in the  aftermath
of  Hurricane Sandy. As a result of the waiver, Breezy Point residents
can finally begin the process of rebuilding their  homes  and  putting
their lives back together.

Summary  of  Provisions:    �1: Legislative Intent �2: Definitions �3:
Reinstatement of Prior Approved  Permits  �4:  Waiver  of  Permit  and
Hearing Requirements �5: The Date the Act Shall Take Effect

Justification:    The storms, rains and floods of Hurricane Sandy (Oct
29th 2012-Nov 3rd 2012) caused much devastation to residents of Breezy
Point. General City Law requires applications that can take up  to  12
months  or more to be completed. That is too long for our residents to
be without a home. They must be able  to  start  rebuilding  and  have
shovels in the ground as soon as possible.

Prior Legislation History: New Bill.

Fiscal Implications for State: None.

Effective Date: This act shall take effect immediately.

S3736A-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 3736--A
 2013-2014 Regular Sessions
 I N  SENATE
 February 13, 2013
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
 printed to be committed  to  the  Committee  on  Cities  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 AN  ACT authorizing the reinstatement of prior approved work permits and
 waiving the requirements of section 35 and subdivision 2 of section 36
 of the general city law as such provisions relate  to  rebuilding  and
 repairing homes devastated by Hurricane Sandy in the city of New York;
 and providing for the repeal of such provisions upon expiration there
 of
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Legislative intent. The storms, rains and floods of  Hurri
 cane  Sandy  beginning  on  October 29, 2012 and ending November 3, 2012
 catastrophically impacted real property situated  in  the  city  of  New
 York.  Storm  surge  in  the Breezy Point neighborhood in the borough of
 Queens severely damaged or destroyed approximately 167  homes,  followed
 by  a major fire which destroyed approximately 127 homes.  Homeowners in
 this area have long been required to submit applications with the  board
 of  standards and appeals to improve and upgrade their residences pursu
 ant to the requirements of sections 35 and 36 of the general  city  law.
 The  process  of  review  of such applications and ultimate grant of the
 appeal to the general city law can last nearly one  year  or  more.  The
 legislature  finds  that  it  is  in the best interests of homeowners of
 Breezy Point to expedite the rebuilding and repair of  homes  devastated
 in  the  wake  of  Hurricane Sandy through waiver of the requirements of
 sections 35 and 36 of the general city law for a period of 12 months.
 

S 2. Definitions. For the purposes of this act,  the  following  terms
 shall have the following meanings:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08512-04-3
        S. 3736--A                          2
 1.  "Hurricane  Sandy"  shall  mean the storms, rains, or floods which
 occurred within the city of New York  during  the  period  beginning  on
 October 29, 2012 and ending November 3, 2012.
 2.  "Board"  shall mean the board of standards and appeals established
 by chapter 2 of title 25 of the administrative code of the city  of  New
 York.
 3.  "Department" shall mean the department of buildings of the city of
 New York as defined in section 27-232 of the administrative code of  the
 city of New York.
 4.  "Homeowner" shall mean any owner of a residential building located
 on block 16350 lot 400, block 16350 lot 300 or block 16340 lot 50 in the
 borough of Queens in the city of New York.
 

S 3. Reinstatement of prior approved permits. In instances  where  the
 department  approved applications for work permits for buildings located
 on block 16350 lot 400, block 16350 lot 300 or block 16340 lot 50 in the
 borough of Queens, including applications for new buildings,  Alt-1  and
 Alt-2  alterations,  that expired due to Hurricane Sandy, the department
 shall reinstate such prior approvals and allow the issuance of new  work
 permits  based on such reinstatements to reconstruct originally approved
 plans subject to  required  new  code  compliance.    No  letter  of  no
 objection shall be required to be issued by the board prior to the issu
 ance of these new work permits.
 

S  4.  Waiver  of  permit and hearing requirements. For a period of 12
 months after the effective date of this act, the board shall  waive  the
 requirements of section 35 and subdivision 2 of section 36 of the gener
 al  city law such that any homeowner seeking to rebuild or repair his or
 her residence due to damage caused  by  Hurricane  Sandy  shall  not  be
 required  to  seek  the  grant  of an appeal from the board or undergo a
 hearing process. This section shall also apply to applications  for  new
 buildings  and  Alt-1 and Alt-2 alterations due to destruction caused by
 Hurricane Sandy, such that homeowners shall not be  required  to  submit
 such  applications  for  approval by the board for a period of 12 months
 after the effective date of this act.
 

S 5. This act shall take effect immediately and shall  expire  and  be
 deemed repealed 1 year after such effective date.

S3736A-2013: Authorizes the reinstatement of prior approved work permits and waives certain requirements of general city law for homes devastated by Hurricane Sandy