S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4789

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Local Governments

AN  ACT to amend the town law, the village law and the general city law,
  in relation to zoning provisions  for  temporary  family  health  care
  structures

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

  Section 1. The town law is amended by adding a new  section  274-c  to
read as follows:
  S  274-C.  ZONING  PROVISIONS  FOR TEMPORARY FAMILY HEALTH CARE STRUC-
TURES. 1. FOR PURPOSES OF THIS SECTION:
  (A) "CAREGIVER" MEANS AN ADULT WHO PROVIDES CARE FOR A MENTALLY  DISA-
BLED  OR  PHYSICALLY IMPAIRED PERSON WITHIN THE STATE. A CAREGIVER SHALL
BE EITHER RELATED BY BLOOD, MARRIAGE, OR  ADOPTION  TO  OR  THE  LEGALLY
APPOINTED  GUARDIAN  OF  THE  MENTALLY  DISABLED  OR PHYSICALLY IMPAIRED
PERSON FOR WHOM HE OR SHE IS CARING.
  (B) "PHYSICALLY IMPAIRED PERSON" MEANS A PERSON WHO IS A  RESIDENT  OF
THE  STATE  AND  WHO  REQUIRES ASSISTANCE WITH TWO OR MORE ACTIVITIES OF
DAILY LIVING AS CERTIFIED IN A STATEMENT OF A PHYSICIAN DULY LICENSED TO
PRACTICE MEDICINE.
  (C) "MENTALLY DISABLED PERSON" MEANS A PERSON WITH A  MENTAL  ILLNESS,
MENTAL  RETARDATION,  DEVELOPMENTAL  DISABILITY,  ALCOHOLISM,  SUBSTANCE
DEPENDENCE, OR CHEMICAL DEPENDENCE AS DEFINED IN  SUBDIVISION  THREE  OF
SECTION 1.03 OF THE MENTAL HYGIENE LAW.
  (D)  "TEMPORARY  FAMILY  HEALTH  CARE STRUCTURE" MEANS A TRANSPORTABLE
RESIDENTIAL  STRUCTURE,  PROVIDING   AN   ENVIRONMENT   FACILITATING   A
CAREGIVER'S  PROVISION  OF  CARE  FOR  A MENTALLY DISABLED OR PHYSICALLY
IMPAIRED PERSON, THAT (I) IS PRIMARILY ASSEMBLED  AT  A  LOCATION  OTHER
THAN ITS SITE OF INSTALLATION, (II) IS LIMITED TO ONE OCCUPANT WHO SHALL
BE  THE  MENTALLY  DISABLED  OR PHYSICALLY IMPAIRED PERSON, (III) HAS NO
MORE THAN THREE HUNDRED GROSS SQUARE FEET, AND (IV) COMPLIES WITH APPLI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01120-01-1
              

A. 4789                             2

CABLE PROVISIONS OF SECTION ONE HUNDRED THIRTY OF THIS CHAPTER.  PLACING
THE  TEMPORARY  FAMILY  HEALTH  CARE STRUCTURE ON A PERMANENT FOUNDATION
SHALL NOT BE REQUIRED OR PERMITTED.
  2.  ZONING ORDINANCES FOR ALL PURPOSES SHALL CONSIDER TEMPORARY FAMILY
HEALTH CARE STRUCTURES FOR USE BY A CAREGIVER IN PROVIDING  CARE  FOR  A
MENTALLY DISABLED OR PHYSICALLY IMPAIRED PERSON AND ON PROPERTY OWNED OR
OCCUPIED  BY THE CAREGIVER AS HIS OR HER RESIDENCE AS A PERMITTED ACCES-
SORY FOR USE IN ANY SINGLE-FAMILY RESIDENTIAL ZONING  DISTRICT  ON  LOTS
ZONED  FOR  SINGLE-FAMILY  DETACHED DWELLINGS. SUCH STRUCTURES SHALL NOT
REQUIRE A SPECIAL USE PERMIT OR BE SUBJECTED TO ANY OTHER LOCAL REQUIRE-
MENTS BEYOND THOSE IMPOSED UPON OTHER AUTHORIZED  ACCESSORY  STRUCTURES,
EXCEPT  AS  OTHERWISE  PROVIDED IN THIS SECTION.   SUCH STRUCTURES SHALL
COMPLY WITH ALL SETBACK REQUIREMENTS THAT APPLY TO THE PRIMARY STRUCTURE
AND WITH ANY MAXIMUM FLOOR AREA RATION LIMITATIONS THAT MAY APPLY TO THE
PRIMARY STRUCTURE. ONLY  ONE  FAMILY  HEALTH  CARE  STRUCTURE  SHALL  BE
ALLOWED ON A LOT OR PARCEL OF LAND.
  3.  ANY  PERSON  PROPOSING  TO  INSTALL A TEMPORARY FAMILY HEALTH CARE
STRUCTURE SHALL FIRST OBTAIN A PERMIT FROM THE PLANNING  BOARD  OR  SUCH
OTHER  ADMINISTRATIVE  BODY, FOR WHICH THE LOCALITY MAY CHARGE A UNIFORM
FEE OF UP TO ONE HUNDRED DOLLARS.  THE LOCALITY MAY  NOT  WITHHOLD  SUCH
PERMIT  IF  THE  APPLICANT  PROVIDES SUFFICIENT PROOF OF COMPLIANCE WITH
THIS SECTION. THE  LOCALITY  MAY  REQUIRE  THAT  THE  APPLICANT  PROVIDE
EVIDENCE  OF  COMPLIANCE WITH THIS SECTION ON AN ANNUAL BASIS AS LONG AS
THE TEMPORARY FAMILY HEALTH CARE STRUCTURE REMAINS ON THE PROPERTY. SUCH
EVIDENCE MAY INVOLVE THE INSPECTION BY THE  LOCALITY  OF  THE  TEMPORARY
FAMILY HEALTH CARE STRUCTURE AT REASONABLE TIMES CONVENIENT TO THE CARE-
GIVER, NOT LIMITED TO ANY ANNUAL COMPLIANCE CONFIRMATION.
  4.  ANY  TEMPORARY  FAMILY HEALTH CARE STRUCTURE INSTALLED PURSUANT TO
THIS SECTION MAY BE REQUIRED TO CONNECT TO ANY WATER, SEWER,  AND  ELEC-
TRIC  UTILITIES  THAT  ARE SERVING THE PRIMARY RESIDENCE ON THE PROPERTY
AND SHALL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF SECTION ONE HUNDRED
THIRTY OF THIS CHAPTER.
  5. NO SIGNAGE ADVERTISING OR OTHERWISE PROMOTING THE EXISTENCE OF  THE
STRUCTURE  SHALL  BE  PERMITTED  EITHER ON THE EXTERIOR OF THE TEMPORARY
FAMILY HEALTH CARE STRUCTURE OR ELSEWHERE ON THE PROPERTY.
  6. ANY TEMPORARY FAMILY HEALTH CARE STRUCTURE  INSTALLED  PURSUANT  TO
THIS  SECTION  SHALL  BE  REMOVED  WITHIN THIRTY DAYS AFTER THE MENTALLY
DISABLED OR PHYSICALLY IMPAIRED PERSON IS NO LONGER RECEIVING OR  IS  NO
LONGER IN NEED OF THE ASSISTANCE PROVIDED FOR IN THIS SECTION.
  7. THE PLANNING BOARD OR OTHER SUCH ADMINISTRATIVE BODY MAY REVOKE THE
PERMIT  GRANTED  PURSUANT  TO  SUBDIVISION  THREE OF THIS SECTION IF THE
PERMIT HOLDER VIOLATES ANY PROVISION OF THIS SECTION. ADDITIONALLY,  THE
LOCAL  GOVERNING  BODY  MAY  SEEK INJUNCTIVE RELIEF OR OTHER APPROPRIATE
ACTIONS OR PROCEEDINGS TO ENSURE COMPLIANCE  WITH  THIS  SECTION.    THE
PLANNING  BOARD  OR  OTHER  SUCH  ADMINISTRATIVE BODY IS VESTED WITH ALL
NECESSARY AUTHORITY ON BEHALF OF THE GOVERNING BODY OF THE  LOCALITY  TO
ENSURE COMPLIANCE WITH THIS SECTION.
  S  2.  The  village  law is amended by adding a new section 7-725-c to
read as follows:
  S 7-725-C ZONING PROVISIONS FOR TEMPORARY FAMILY  HEALTH  CARE  STRUC-
TURES. 1. FOR PURPOSES OF THIS SECTION:
  (A)  "CAREGIVER" MEANS AN ADULT WHO PROVIDES CARE FOR A MENTALLY DISA-
BLED OR PHYSICALLY IMPAIRED PERSON WITHIN THE STATE. A  CAREGIVER  SHALL
BE  EITHER  RELATED  BY  BLOOD,  MARRIAGE, OR ADOPTION TO OR THE LEGALLY
APPOINTED GUARDIAN OF  THE  MENTALLY  DISABLED  OR  PHYSICALLY  IMPAIRED
PERSON FOR WHOM HE OR SHE IS CARING.

A. 4789                             3

  (B)  "PHYSICALLY  IMPAIRED PERSON" MEANS A PERSON WHO IS A RESIDENT OF
THE STATE AND WHO REQUIRES ASSISTANCE WITH TWO  OR  MORE  ACTIVITIES  OF
DAILY LIVING AS CERTIFIED IN A STATEMENT OF A PHYSICIAN DULY LICENSED TO
PRACTICE MEDICINE.
  (C)  "MENTALLY  DISABLED PERSON" MEANS A PERSON WITH A MENTAL ILLNESS,
MENTAL  RETARDATION,  DEVELOPMENTAL  DISABILITY,  ALCOHOLISM,  SUBSTANCE
DEPENDENCE,  OR  CHEMICAL  DEPENDENCE AS DEFINED IN SUBDIVISION THREE OF
SECTION 1.03 OF THE MENTAL HYGIENE LAW.
  (D) "TEMPORARY FAMILY HEALTH CARE  STRUCTURE"  MEANS  A  TRANSPORTABLE
RESIDENTIAL   STRUCTURE,   PROVIDING   AN   ENVIRONMENT  FACILITATING  A
CAREGIVER'S PROVISION OF CARE FOR  A  MENTALLY  DISABLED  OR  PHYSICALLY
IMPAIRED  PERSON,  THAT  (I)  IS PRIMARILY ASSEMBLED AT A LOCATION OTHER
THAN ITS SITE OF INSTALLATION, (II) IS LIMITED TO ONE OCCUPANT WHO SHALL
BE THE MENTALLY DISABLED OR PHYSICALLY IMPAIRED  PERSON,  (III)  HAS  NO
MORE THAN THREE HUNDRED GROSS SQUARE FEET, AND (IV) COMPLIES WITH APPLI-
CABLE PROVISIONS OF SECTION 7-700 OF THIS ARTICLE. PLACING THE TEMPORARY
FAMILY  HEALTH  CARE  STRUCTURE  ON  A PERMANENT FOUNDATION SHALL NOT BE
REQUIRED OR PERMITTED.
  2. ZONING ORDINANCES FOR ALL PURPOSES SHALL CONSIDER TEMPORARY  FAMILY
HEALTH  CARE  STRUCTURES  FOR USE BY A CAREGIVER IN PROVIDING CARE FOR A
MENTALLY DISABLED OR PHYSICALLY IMPAIRED PERSON AND ON PROPERTY OWNED OR
OCCUPIED BY THE CAREGIVER AS HIS OR HER RESIDENCE AS A PERMITTED  ACCES-
SORY  FOR  USE  IN ANY SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT ON LOTS
ZONED FOR SINGLE-FAMILY DETACHED DWELLINGS. SUCH  STRUCTURES  SHALL  NOT
REQUIRE A SPECIAL USE PERMIT OR BE SUBJECTED TO ANY OTHER LOCAL REQUIRE-
MENTS  BEYOND  THOSE IMPOSED UPON OTHER AUTHORIZED ACCESSORY STRUCTURES,
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.    SUCH  STRUCTURES  SHALL
COMPLY WITH ALL SETBACK REQUIREMENTS THAT APPLY TO THE PRIMARY STRUCTURE
AND WITH ANY MAXIMUM FLOOR AREA RATION LIMITATIONS THAT MAY APPLY TO THE
PRIMARY  STRUCTURE.  ONLY  ONE  FAMILY  HEALTH  CARE  STRUCTURE SHALL BE
ALLOWED ON A LOT OR PARCEL OF LAND.
  3. ANY PERSON PROPOSING TO INSTALL  A  TEMPORARY  FAMILY  HEALTH  CARE
STRUCTURE  SHALL  FIRST  OBTAIN A PERMIT FROM THE PLANNING BOARD OR SUCH
OTHER ADMINISTRATIVE BODY, FOR WHICH THE LOCALITY MAY CHARGE  A  UNIFORM
FEE  OF  UP  TO ONE HUNDRED DOLLARS.  THE LOCALITY MAY NOT WITHHOLD SUCH
PERMIT IF THE APPLICANT PROVIDES SUFFICIENT  PROOF  OF  COMPLIANCE  WITH
THIS  SECTION.  THE  LOCALITY  MAY  REQUIRE  THAT  THE APPLICANT PROVIDE
EVIDENCE OF COMPLIANCE WITH THIS SECTION ON AN ANNUAL BASIS AS  LONG  AS
THE TEMPORARY FAMILY HEALTH CARE STRUCTURE REMAINS ON THE PROPERTY. SUCH
EVIDENCE  MAY  INVOLVE  THE  INSPECTION BY THE LOCALITY OF THE TEMPORARY
FAMILY HEALTH CARE STRUCTURE AT REASONABLE TIMES CONVENIENT TO THE CARE-
GIVER, NOT LIMITED TO ANY ANNUAL COMPLIANCE CONFIRMATION.
  4. ANY TEMPORARY FAMILY HEALTH CARE STRUCTURE  INSTALLED  PURSUANT  TO
THIS  SECTION  MAY BE REQUIRED TO CONNECT TO ANY WATER, SEWER, AND ELEC-
TRIC UTILITIES THAT ARE SERVING THE PRIMARY RESIDENCE  ON  THE  PROPERTY
AND  SHALL  COMPLY  WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS 11-1112
AND 14-1438 OF THIS CHAPTER.
  5. NO SIGNAGE ADVERTISING OR OTHERWISE PROMOTING THE EXISTENCE OF  THE
STRUCTURE  SHALL  BE  PERMITTED  EITHER ON THE EXTERIOR OF THE TEMPORARY
FAMILY HEALTH CARE STRUCTURE OR ELSEWHERE ON THE PROPERTY.
  6. ANY TEMPORARY FAMILY HEALTH CARE STRUCTURE  INSTALLED  PURSUANT  TO
THIS  SECTION  SHALL  BE  REMOVED  WITHIN THIRTY DAYS AFTER THE MENTALLY
DISABLED OR PHYSICALLY IMPAIRED PERSON IS NO LONGER RECEIVING OR  IS  NO
LONGER IN NEED OF THE ASSISTANCE PROVIDED FOR IN THIS SECTION.
  7. THE PLANNING BOARD OR OTHER SUCH ADMINISTRATIVE BODY MAY REVOKE THE
PERMIT  GRANTED  PURSUANT  TO  SUBDIVISION  THREE OF THIS SECTION IF THE

A. 4789                             4

PERMIT HOLDER VIOLATES ANY PROVISION OF THIS SECTION. ADDITIONALLY,  THE
LOCAL  GOVERNING  BODY  MAY  SEEK INJUNCTIVE RELIEF OR OTHER APPROPRIATE
ACTIONS OR PROCEEDINGS TO ENSURE COMPLIANCE  WITH  THIS  SECTION.    THE
PLANNING  BOARD  OR  OTHER  SUCH  ADMINISTRATIVE BODY IS VESTED WITH ALL
NECESSARY AUTHORITY ON BEHALF OF THE GOVERNING BODY OF THE  LOCALITY  TO
ENSURE COMPLIANCE WITH THIS SECTION.
  S  3.  The  general  city law is amended by adding a new section 82 to
read as follows:
  S 82. ZONING PROVISIONS FOR TEMPORARY FAMILY HEALTH  CARE  STRUCTURES.
1. FOR PURPOSES OF THIS SECTION:
  (A)  "CAREGIVER" MEANS AN ADULT WHO PROVIDES CARE FOR A MENTALLY DISA-
BLED OR PHYSICALLY IMPAIRED PERSON WITHIN THE STATE. A  CAREGIVER  SHALL
BE  EITHER  RELATED  BY  BLOOD,  MARRIAGE, OR ADOPTION TO OR THE LEGALLY
APPOINTED GUARDIAN OF  THE  MENTALLY  DISABLED  OR  PHYSICALLY  IMPAIRED
PERSON FOR WHOM HE OR SHE IS CARING.
  (B)  "PHYSICALLY  IMPAIRED PERSON" MEANS A PERSON WHO IS A RESIDENT OF
THE STATE AND WHO REQUIRES ASSISTANCE WITH TWO  OR  MORE  ACTIVITIES  OF
DAILY LIVING AS CERTIFIED IN A STATEMENT OF A PHYSICIAN DULY LICENSED TO
PRACTICE MEDICINE.
  (C)  "MENTALLY  DISABLED PERSON" MEANS A PERSON WITH A MENTAL ILLNESS,
MENTAL  RETARDATION,  DEVELOPMENTAL  DISABILITY,  ALCOHOLISM,  SUBSTANCE
DEPENDENCE,  OR  CHEMICAL  DEPENDENCE AS DEFINED IN SUBDIVISION THREE OF
SECTION 1.03 OF THE MENTAL HYGIENE LAW.
  (D) "TEMPORARY FAMILY HEALTH CARE  STRUCTURE"  MEANS  A  TRANSPORTABLE
RESIDENTIAL   STRUCTURE,   PROVIDING   AN   ENVIRONMENT  FACILITATING  A
CAREGIVER'S PROVISION OF CARE FOR  A  MENTALLY  DISABLED  OR  PHYSICALLY
IMPAIRED  PERSON,  THAT  (I)  IS PRIMARILY ASSEMBLED AT A LOCATION OTHER
THAN ITS SITE OF INSTALLATION, (II) IS LIMITED TO ONE OCCUPANT WHO SHALL
BE THE MENTALLY DISABLED OR PHYSICALLY IMPAIRED  PERSON,  (III)  HAS  NO
MORE THAN THREE HUNDRED GROSS SQUARE FEET, AND (IV) COMPLIES WITH APPLI-
CABLE  PROVISIONS OF SUBDIVISIONS TWENTY-FOUR AND TWENTY-FIVE OF SECTION
TWENTY OF THIS CHAPTER. PLACING THE TEMPORARY FAMILY HEALTH CARE  STRUC-
TURE ON A PERMANENT FOUNDATION SHALL NOT BE REQUIRED OR PERMITTED.
  2.  ZONING ORDINANCES FOR ALL PURPOSES SHALL CONSIDER TEMPORARY FAMILY
HEALTH CARE STRUCTURES FOR USE BY A CAREGIVER IN PROVIDING  CARE  FOR  A
MENTALLY DISABLED OR PHYSICALLY IMPAIRED PERSON AND ON PROPERTY OWNED OR
OCCUPIED  BY THE CAREGIVER AS HIS OR HER RESIDENCE AS A PERMITTED ACCES-
SORY FOR USE IN ANY SINGLE-FAMILY RESIDENTIAL ZONING  DISTRICT  ON  LOTS
ZONED  FOR  SINGLE-FAMILY  DETACHED DWELLINGS. SUCH STRUCTURES SHALL NOT
REQUIRE A SPECIAL USE PERMIT OR BE SUBJECTED TO ANY OTHER LOCAL REQUIRE-
MENTS BEYOND THOSE IMPOSED UPON OTHER AUTHORIZED  ACCESSORY  STRUCTURES,
EXCEPT  AS  OTHERWISE  PROVIDED IN THIS SECTION.   SUCH STRUCTURES SHALL
COMPLY WITH ALL SETBACK REQUIREMENTS THAT APPLY TO THE PRIMARY STRUCTURE
AND WITH ANY MAXIMUM FLOOR AREA RATION LIMITATIONS THAT MAY APPLY TO THE
PRIMARY STRUCTURE. ONLY  ONE  FAMILY  HEALTH  CARE  STRUCTURE  SHALL  BE
ALLOWED ON A LOT OR PARCEL OF LAND.
  3.  ANY  PERSON  PROPOSING  TO  INSTALL A TEMPORARY FAMILY HEALTH CARE
STRUCTURE SHALL FIRST OBTAIN A PERMIT FROM THE PLANNING  BOARD  OR  SUCH
OTHER  ADMINISTRATIVE  BODY, FOR WHICH THE LOCALITY MAY CHARGE A UNIFORM
FEE OF UP TO ONE HUNDRED DOLLARS.  THE LOCALITY MAY  NOT  WITHHOLD  SUCH
PERMIT  IF  THE  APPLICANT  PROVIDES SUFFICIENT PROOF OF COMPLIANCE WITH
THIS SECTION. THE  LOCALITY  MAY  REQUIRE  THAT  THE  APPLICANT  PROVIDE
EVIDENCE  OF  COMPLIANCE WITH THIS SECTION ON AN ANNUAL BASIS AS LONG AS
THE TEMPORARY FAMILY HEALTH CARE STRUCTURE REMAINS ON THE PROPERTY. SUCH
EVIDENCE MAY INVOLVE THE INSPECTION BY THE  LOCALITY  OF  THE  TEMPORARY

A. 4789                             5

FAMILY HEALTH CARE STRUCTURE AT REASONABLE TIMES CONVENIENT TO THE CARE-
GIVER, NOT LIMITED TO ANY ANNUAL COMPLIANCE CONFIRMATION.
  4.  ANY  TEMPORARY  FAMILY HEALTH CARE STRUCTURE INSTALLED PURSUANT TO
THIS SECTION MAY BE REQUIRED TO CONNECT TO ANY WATER, SEWER,  AND  ELEC-
TRIC  UTILITIES  THAT  ARE SERVING THE PRIMARY RESIDENCE ON THE PROPERTY
AND SHALL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS TWENTY AND
FIFTY-THREE OF THIS CHAPTER.
  5. NO SIGNAGE ADVERTISING OR OTHERWISE PROMOTING THE EXISTENCE OF  THE
STRUCTURE  SHALL  BE  PERMITTED  EITHER ON THE EXTERIOR OF THE TEMPORARY
FAMILY HEALTH CARE STRUCTURE OR ELSEWHERE ON THE PROPERTY.
  6. ANY TEMPORARY FAMILY HEALTH CARE STRUCTURE  INSTALLED  PURSUANT  TO
THIS  SECTION  SHALL  BE  REMOVED  WITHIN THIRTY DAYS AFTER THE MENTALLY
DISABLED OR PHYSICALLY IMPAIRED PERSON IS NO LONGER RECEIVING OR  IS  NO
LONGER IN NEED OF THE ASSISTANCE PROVIDED FOR IN THIS SECTION.
  7. THE PLANNING BOARD OR OTHER SUCH ADMINISTRATIVE BODY MAY REVOKE THE
PERMIT  GRANTED  PURSUANT  TO  SUBDIVISION  THREE OF THIS SECTION IF THE
PERMIT HOLDER VIOLATES ANY PROVISION OF THIS SECTION. ADDITIONALLY,  THE
LOCAL  GOVERNING  BODY  MAY  SEEK INJUNCTIVE RELIEF OR OTHER APPROPRIATE
ACTIONS OR PROCEEDINGS TO ENSURE COMPLIANCE  WITH  THIS  SECTION.    THE
PLANNING  BOARD  OR  OTHER  SUCH  ADMINISTRATIVE BODY IS VESTED WITH ALL
NECESSARY AUTHORITY ON BEHALF OF THE GOVERNING BODY OF THE  LOCALITY  TO
ENSURE COMPLIANCE WITH THIS SECTION.
  S 4. This act shall take effect immediately.