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.
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.
STATE OF NEW YORK ________________________________________________________________________ 3736--A 2013-2014 Regular Sessions IN 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.