Bill S3736B-2013

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.

Details

Actions

  • Jun 17, 2013: SUBSTITUTED BY A4835B
  • 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

Calendars

Memo

BILL NUMBER:S3736B

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3736--B Cal. No. 199 2013-2014 Regular Sessions IN SENATE February 13, 2013 ___________
Introduced by Sens. ADDABBO, AVELLA, GOLDEN, LANZA -- 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 findings and intent. The storms, rains and floods of Hurricane Sandy beginning on October 29, 2012 and ending November 3, 2012 catastrophically impacted real property situated in the city of New York. Storm surges in the Breezy Point neighborhood in the borough of Queens severely damaged or destroyed many buildings, followed by a major fire which destroyed additional buildings. Pursuant to the requirements of sections 35 and 36 of the general city law, owners must submit applications to the board of standards and appeals for construction subject to the requirements of these provisions. However, the unprecedented number of applications that could result from this storm might hinder the expeditious repair and reconstruction of build- ings in the area. The legislature finds that it is in the best interests of owners of homes and other buildings in Breezy Point to expedite the rebuilding and repair of such buildings devastated in the wake of Hurricane Sandy through waiver of the requirements of sections 35 and 36 of the general city law. S 2. Definitions. For the purposes of this act, the following terms shall have the following meanings:
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 27 of the New York city charter. 3. "Department" shall mean the department of buildings of the city of New York established by chapter 26 of the New York city charter. 4. "Owner" shall mean the owner of any building located in the subject area. 5. "Subject area" shall mean block 16350 lot 400, block 16350 lot 300 or block 16340 lot 50 in the borough of Queens in the city of New York. 6. "Substantial damage" shall have the same meaning as set forth in Appendix G201 of the New York city building code. S 3. Waiver of requirement for board approval to build in the bed of a mapped street. In instances where the owner of a building located in the subject area that suffered substantial damage caused by Hurricane Sandy seeks to rebuild such building in the bed of a mapped street no board approval pursuant to section 35 of the general city law shall be required for the reconstruction of such building, including accompanying proposed alteration and enlargement of such building, provided the following conditions are met: 1. the new construction is sprinklered in accordance with the stand- ards of the local building and fire codes; and 2. to the extent the mapped street serves as required access pursuant to subdivision 2 of section 36 of the general city law, or to the extent such provision would otherwise require the grant of an appeal by the board, the conditions set forth in section four of this act are met. S 4. Waiver of restriction on issuance of certificate of occupancy without grant of an appeal from the board. (a) In instances where the owner of a building located in the subject area that subsequently suffered substantial damage caused by Hurricane Sandy, no board approval pursuant to subdivision 2 of section 36 of the general city law shall be required for the reconstruction of such building, including accompanying proposed alteration and enlargement of such building, provided that the following conditions are met: 1. the new construction is sprinklered in accordance with the stand- ards set forth in the local building and fire codes; and 2. the new construction does not increase the degree of horizontal encroachment into the street; or 3. where there is increased horizontal encroachment into the street, it is limited to stairs or ramps required for access to the building and deemed necessary to accommodate the elevation of structures to promote flood resistant construction and a letter of no objection is obtained from the fire department of the city of New York. S 5. Applications for construction under the circumstances described in sections three and four of this act shall be filed with the depart- ment within twelve months from the effective date of this act subject to the provisions of articles 104 and 105 of chapter 1 of title 28 of the administrative code of the city of New York pertaining to time limita- tion of applications and expiration or permits. S 6. This act shall take effect immediately; provided, however that the provisions of this act shall expire and be deemed repealed 1 year after such effective date.

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