Bill Text: NY A01717 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the general city law, the town law, the village law and the real property tax law, in relation to age integrated communities

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2010-01-06 - referred to local governments [A01717 Detail]

Download: New_York-2009-A01717-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1717
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 9, 2009
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT,  J. RIVERA,  SWEENEY,  PHEFFER,
         GUNTHER, ROBINSON, BOYLAND, SCHROEDER -- Multi-Sponsored by --  M.  of
         A.  ABBATE, BRENNAN, REILLY -- read once and referred to the Committee
         on Local Governments
       AN ACT to amend the general city law, the town law, the village law  and
         the real property tax law, in relation to age integrated communities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative finding. The legislature  finds  that  in  many
    2  areas of the state there is inadequate availability of affordable senior
    3  citizen  housing  and/or housing integrated in communities with services
    4  for seniors including transportation, shopping, community facilities and
    5  residential neighborhoods. The housing inadequacy will get worse because
    6  the number of New York citizens over 65 years of age  will  increase  40
    7  per  centum  over  the 30 years between 1995 and 2025.  As a result, the
    8  legislature finds that a senior citizen housing crisis exists.
    9    Therefore, the legislature hereby finds and declares that it is neces-
   10  sary for cities, towns and villages to foster housing opportunities  for
   11  seniors  through  zoning and planning actions. This may include, but not
   12  be limited to, allowing mixed-use development with senior dwelling units
   13  compatibly integrated and facilitating new mixed-use development includ-
   14  ing planned unit developments within use and area requirements.
   15    S 2. Subdivision 3 of section 28-a of the general city law is  amended
   16  by adding a new paragraph (d) to read as follows:
   17    (D)  "MIXED-USE  AGE-INTEGRATED HOUSING" SHALL MEAN THE DEVELOPMENT OR
   18  REDEVELOPMENT OF SINGLE SITES TO COMBINE RESIDENTIAL  UNITS,  COMMERCIAL
   19  SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
   20  LEAST  THIRTY  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL
   21  BE FOR INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT  LEAST  TEN
   22  PER  CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE AFFORDABLE
   23  TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
   24    S 3. Paragraph (h) of subdivision 4 of section  28-a  of  the  general
   25  city  law,  as amended by chapter 418 of the laws of 1995, is amended to
   26  read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04877-01-9
       A. 1717                             2
    1    (h) Existing housing resources and future  housing  needs,  including,
    2  BUT  NOT  LIMITED TO, affordable housing AND HOUSING FOR SENIOR CITIZENS
    3  CONSISTENT WITH THE GOAL OF MIXED-USE AGE-INTEGRATED HOUSING.
    4    S  4.  Section 28-a of the general city law is amended by adding a new
    5  subdivision 14 to read as follows:
    6    14. MIXED-USE AGE-INTEGRATED HOUSING INCENTIVE FUND.  IN  CASES  WHERE
    7  THE  CITY  IS APPROVING A SUBDIVISION PLAT OR SITE PLAN FOR FIVE OR MORE
    8  RESIDENTIAL UNITS OR A MIXED-USE DEVELOPMENT THAT INCORPORATES  FIVE  OR
    9  MORE  RESIDENTIAL  UNITS,  THE  CITY  MAY ESTABLISH A PROGRAM TO PROVIDE
   10  DEVELOPERS WITH INCENTIVES TO DEVELOP MIXED-USE AGE-INTEGRATED  HOUSING.
   11  SUCH  PROGRAM  MAY  INCLUDE THE FOLLOWING INCENTIVES, IN ADDITION TO ANY
   12  OTHER INCENTIVES ALREADY PROVIDED IN LAW.  IN  EXCHANGE  FOR  A  DENSITY
   13  INCREASE OF AT LEAST TEN PER CENTUM OVER THE OTHERWISE ALLOWABLE DENSITY
   14  RATIO UNDER THE APPLICABLE ZONING ORDINANCE AND COMPREHENSIVE PLAN AS OF
   15  THE  DATE  OF  APPLICATION  BY  THE  DEVELOPER, THE CITY MAY REQUIRE THE
   16  DEVELOPER TO PROVIDE THE FOLLOWING:
   17    (A) THE SET ASIDE OF AT LEAST TEN PER CENTUM OF THE RESIDENTIAL  UNITS
   18  REQUESTED  IN  THE SUBDIVISION PLAT OR SITE PLAN FOR MIXED-USE AGE-INTE-
   19  GRATED HOUSING, OR
   20    (B) UPON A FINDING BY  THE  CITY  THAT  THE  SET  ASIDE  OF  MIXED-USE
   21  AGE-INTEGRATED  HOUSING  UNITS WOULD HAVE A SPECIFIC ADVERSE IMPACT UPON
   22  HEALTH, SAFETY OR THE ENVIRONMENT FOR WHICH THERE IS NO FEASIBLE  METHOD
   23  TO  SATISFACTORILY  MITIGATE  OR  AVOID THE SPECIFIC ADVERSE IMPACT, THE
   24  CITY MAY REQUIRE THE DEVELOPER  TO  PAY  A  REASONABLE  FEE  THAT  SHALL
   25  CONSTITUTE A TRUST FUND TO BE USED EXCLUSIVELY BY THE CITY FOR PROVIDING
   26  MIXED-USE  AGE-INTEGRATED  SERVICES  SUCH AS, BUT NOT LIMITED TO, SENIOR
   27  TRANSPORTATION, HOME HEALTH CARE, HOME DELIVERED MEALS, OR RESPITE CARE.
   28  ALL FEES COLLECTED BY THE CITY AS PROVIDED IN THIS SECTION SHALL BE KEPT
   29  IN TRUST SEPARATE AND APART FROM ALL OTHER MONEYS. MONEYS IN SUCH  TRUST
   30  FUND  SHALL  BE  DEPOSITED AND SECURED IN THE MANNER PROVIDED BY SECTION
   31  TEN OF THE GENERAL MUNICIPAL LAW. PENDING EXPENDITURES FROM  SUCH  TRUST
   32  FUND,  MONEYS  THEREIN MAY BE INVESTED IN THE MANNER PROVIDED IN SECTION
   33  ELEVEN OF THE GENERAL MUNICIPAL LAW. ANY INTEREST OR CAPITAL GAIN  REAL-
   34  IZED  ON  THE MONEYS SO DEPOSITED OR INVESTED SHALL ACCRUE TO AND BECOME
   35  PART OF SUCH TRUST FUND.
   36    PRIOR TO OFFERING THE INCENTIVES INDICATED IN  THIS  SUBDIVISION,  THE
   37  CITY  SHALL  ADOPT  A  LOCAL LAW SPECIFYING HOW THEY WILL IMPLEMENT THIS
   38  INCENTIVE PROGRAM, INCLUDING PROVISIONS FOR HOW THE DENSITY INCREASE AND
   39  OTHER INCENTIVES WILL BE IMPLEMENTED.
   40    S 5. Paragraph (b) of subdivision 1 of section  81-d  of  the  general
   41  city  law,  as added by chapter 247 of the laws of 1992, such section as
   42  renumbered by chapter 208 of the laws of 1993,  is  amended  and  a  new
   43  paragraph (d) is added to read as follows:
   44    (b)  "Community  benefits or amenities" shall mean open space, housing
   45  for persons of low or moderate income, HOUSING FOR PERSONS AGE SIXTY  OR
   46  OLDER,  parks,  elder  care, day care INCLUDING ADULT DAY CARE, or other
   47  specific physical, social, or cultural amenities, or cash in lieu there-
   48  of, of benefit to the residents  of  the  community  authorized  by  the
   49  legislative body of a city.
   50    (D)  "MIXED-USE  AGE-INTEGRATED HOUSING" SHALL MEAN THE DEVELOPMENT OR
   51  REDEVELOPMENT OF SINGLE SITES TO COMBINE RESIDENTIAL  UNITS,  COMMERCIAL
   52  SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
   53  LEAST  THIRTY  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL
   54  BE FOR INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT  LEAST  TEN
   55  PER  CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE AFFORDABLE
   56  TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
       A. 1717                             3
    1    S 6. Section 81-f of the general city law, as added by chapter 213  of
    2  the laws of 2003, is amended to read as follows:
    3    S  81-f. Planned unit development zoning districts. A city legislative
    4  body, except in a city having a population  of  more  than  one  million
    5  persons,  is hereby authorized to enact, as part of its zoning local law
    6  or ordinance, procedures and  requirements  for  the  establishment  and
    7  mapping  of  planned  unit  development  zoning  districts. Planned unit
    8  development district regulations are intended to  provide  for  residen-
    9  tial, commercial, industrial or other land uses, MIXED-USE AGE-INTEGRAT-
   10  ED  HOUSING  AS DEFINED IN SECTION EIGHTY-ONE-D OF THIS ARTICLE or a mix
   11  thereof, in which economies of scale, creative architectural or planning
   12  concepts and open space preservation may be achieved by a  developer  in
   13  furtherance of the city comprehensive plan and zoning local law or ordi-
   14  nance.
   15    S  7. Paragraph (b) of subdivision 1 of section 261-b of the town law,
   16  as added by chapter 629 of the laws of 1991, is amended and a new  para-
   17  graph (d) is added to read as follows:
   18    (b)  "Community  benefits or amenities" shall mean open space, housing
   19  for persons of low or moderate income, HOUSING FOR PERSONS AGE SIXTY  OR
   20  OLDER,  parks,  elder  care,  day care INCLUDING ADULT DAY CARE or other
   21  specific physical, social or cultural amenities, or cash in lieu  there-
   22  of,  of benefit to the residents of the community authorized by the town
   23  board.
   24    (D) "MIXED-USE AGE-INTEGRATED HOUSING" SHALL MEAN THE  DEVELOPMENT  OR
   25  REDEVELOPMENT  OF  SINGLE SITES TO COMBINE RESIDENTIAL UNITS, COMMERCIAL
   26  SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
   27  LEAST THIRTY PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL  UNITS  SHALL
   28  BE  FOR  INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT LEAST TEN
   29  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE  AFFORDABLE
   30  TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
   31    S  8.  Section  261-c  of the town law, as added by chapter 213 of the
   32  laws of 2003, is amended to read as follows:
   33    S 261-c. Planned unit development zoning districts. A town legislative
   34  body is hereby authorized to enact, as part of its zoning local  law  or
   35  ordinance, procedures and requirements for the establishment and mapping
   36  of  planned  unit development zoning districts. Planned unit development
   37  district regulations are intended to provide  for  residential,  commer-
   38  cial, industrial or other land uses, MIXED-USE AGE-INTEGRATED HOUSING AS
   39  DEFINED  IN  SECTION  TWO  HUNDRED  SIXTY-ONE-B OF THIS ARTICLE or a mix
   40  thereof, in which economies of scale, creative architectural or planning
   41  concepts and open space preservation may be achieved by a  developer  in
   42  furtherance of the town comprehensive plan and zoning local law or ordi-
   43  nance.
   44    S  9.  Subdivision  2  of  section 272-a of the town law is amended by
   45  adding a new paragraph (d) to read as follows:
   46    (D) "MIXED-USE AGE-INTEGRATED HOUSING" SHALL MEAN THE  DEVELOPMENT  OR
   47  REDEVELOPMENT  OF  SINGLE SITES TO COMBINE RESIDENTIAL UNITS, COMMERCIAL
   48  SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
   49  LEAST THIRTY PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL  UNITS  SHALL
   50  BE  FOR  INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT LEAST TEN
   51  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE  AFFORDABLE
   52  TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
   53    S 10. Paragraph (h) of subdivision 3 of section 272-a of the town law,
   54  as  amended  by  chapter  418 of the laws of 1995, is amended to read as
   55  follows:
       A. 1717                             4
    1    (h) Existing housing resources and future  housing  needs,  including,
    2  BUT  NOT  LIMITED TO, affordable housing AND HOUSING FOR SENIOR CITIZENS
    3  CONSISTENT WITH THE GOAL OF MIXED-USE AGE-INTEGRATED HOUSING.
    4    S 11.  Section 272-a of the town law is amended by adding a new subdi-
    5  vision 13 to read as follows:
    6    13.  MIXED-USE  AGE-INTEGRATED  HOUSING INCENTIVE FUND. IN CASES WHERE
    7  THE TOWN IS APPROVING A SUBDIVISION PLAT OR SITE PLAN FOR FIVE  OR  MORE
    8  RESIDENTIAL  UNITS  OR A MIXED-USE DEVELOPMENT THAT INCORPORATES FIVE OR
    9  MORE RESIDENTIAL UNITS, THE TOWN MAY  ESTABLISH  A  PROGRAM  TO  PROVIDE
   10  DEVELOPERS  WITH INCENTIVES TO DEVELOP MIXED-USE AGE-INTEGRATED HOUSING.
   11  SUCH PROGRAM MAY INCLUDE THE FOLLOWING INCENTIVES, IN  ADDITION  TO  ANY
   12  OTHER  INCENTIVES  ALREADY  PROVIDED  IN  LAW. IN EXCHANGE FOR A DENSITY
   13  INCREASE OF AT LEAST TEN PER CENTUM OVER THE OTHERWISE ALLOWABLE DENSITY
   14  RATIO UNDER THE APPLICABLE ZONING ORDINANCE AND COMPREHENSIVE PLAN AS OF
   15  THE DATE OF APPLICATION BY THE  DEVELOPER,  THE  TOWN  MAY  REQUIRE  THE
   16  DEVELOPER TO PROVIDE THE FOLLOWING:
   17    (A)  THE SET ASIDE OF AT LEAST TEN PER CENTUM OF THE RESIDENTIAL UNITS
   18  REQUESTED IN THE SUBDIVISION PLAT OR SITE PLAN FOR  MIXED-USE  AGE-INTE-
   19  GRATED HOUSING, OR
   20    (B)  UPON  A  FINDING  BY  THE  TOWN  THAT  THE SET ASIDE OF MIXED-USE
   21  AGE-INTEGRATED HOUSING UNITS WOULD HAVE A SPECIFIC ADVERSE  IMPACT  UPON
   22  HEALTH,  SAFETY OR THE ENVIRONMENT FOR WHICH THERE IS NO FEASIBLE METHOD
   23  TO SATISFACTORILY MITIGATE OR AVOID THE  SPECIFIC  ADVERSE  IMPACT,  THE
   24  TOWN  MAY  REQUIRE  THE  DEVELOPER  TO  PAY  A REASONABLE FEE THAT SHALL
   25  CONSTITUTE A TRUST FUND TO BE USED EXCLUSIVELY BY THE TOWN FOR PROVIDING
   26  MIXED-USE AGE-INTEGRATED SERVICES SUCH AS, BUT NOT  LIMITED  TO,  SENIOR
   27  TRANSPORTATION, HOME HEALTH CARE, HOME DELIVERED MEALS, OR RESPITE CARE.
   28  ALL FEES COLLECTED BY THE TOWN AS PROVIDED IN THIS SECTION SHALL BE KEPT
   29  IN  TRUST SEPARATE AND APART FROM ALL OTHER MONEYS. MONEYS IN SUCH TRUST
   30  FUND SHALL BE DEPOSITED AND SECURED IN THE MANNER  PROVIDED  BY  SECTION
   31  TEN  OF  THE GENERAL MUNICIPAL LAW. PENDING EXPENDITURES FROM SUCH TRUST
   32  FUND, MONEYS THEREIN MAY BE INVESTED IN THE MANNER PROVIDED  IN  SECTION
   33  ELEVEN  OF THE GENERAL MUNICIPAL LAW. ANY INTEREST OR CAPITAL GAIN REAL-
   34  IZED ON THE MONEYS SO DEPOSITED OR INVESTED SHALL ACCRUE TO  AND  BECOME
   35  PART OF SUCH TRUST FUND.
   36    PRIOR  TO  OFFERING  THE INCENTIVES INDICATED IN THIS SUBDIVISION, THE
   37  TOWN SHALL ADOPT A LOCAL LAW SPECIFYING HOW  THEY  WILL  IMPLEMENT  THIS
   38  INCENTIVE PROGRAM, INCLUDING PROVISIONS FOR HOW THE DENSITY INCREASE AND
   39  OTHER INCENTIVES WILL BE IMPLEMENTED.
   40    S  12.  Paragraph  b  of subdivision 1 of section 7-703 of the village
   41  law, as added by chapter 629 of the laws of 1991, is amended and  a  new
   42  paragraph d is added to read as follows:
   43    b.  "Community  benefits  or amenities" shall mean open space, housing
   44  for persons of low or moderate income, HOUSING FOR PERSONS AGE SIXTY  OR
   45  OLDER,  parks,  elder  care,  day care INCLUDING ADULT DAY CARE or other
   46  specific physical, social or cultural amenities, or cash in lieu  there-
   47  of,  of  benefit  to  the  residents  of the community authorized by the
   48  village board of trustees.
   49    D. "MIXED-USE AGE-INTEGRATED HOUSING" SHALL MEAN  THE  DEVELOPMENT  OR
   50  REDEVELOPMENT  OF  SINGLE SITES TO COMBINE RESIDENTIAL UNITS, COMMERCIAL
   51  SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION. PROVIDED, HOWEVER,  AT
   52  LEAST  THIRTY  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL
   53  BE FOR INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT  LEAST  TEN
   54  PER  CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE AFFORDABLE
   55  TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
       A. 1717                             5
    1    S 13. Section 7-703-a of the village law, as added by chapter  213  of
    2  the laws of 2003, is amended to read as follows:
    3    S  7-703-a Planned unit development zoning districts. A village legis-
    4  lative body is hereby authorized to enact, as part of its  zoning  local
    5  law,  procedures  and  requirements for the establishment and mapping of
    6  planned unit development  zoning  districts.  Planned  unit  development
    7  district  regulations  are  intended to provide for residential, commer-
    8  cial, industrial or other land uses, MIXED-USE AGE-INTEGRATED HOUSING AS
    9  DEFINED IN SECTION 7-703 OF THIS ARTICLE or  a  mix  thereof,  in  which
   10  economies of scale, creative architectural or planning concepts and open
   11  space  preservation may be achieved by a developer in furtherance of the
   12  village comprehensive plan and zoning local law.
   13    S 14. Subdivision 2 of section 7-722 of the village law is amended  by
   14  adding a new paragraph (d) to read as follows:
   15    (D)  "MIXED-USE  AGE-INTEGRATED HOUSING" SHALL MEAN THE DEVELOPMENT OR
   16  REDEVELOPMENT OF SINGLE SITES TO COMBINE RESIDENTIAL  UNITS,  COMMERCIAL
   17  SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
   18  LEAST  THIRTY  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL
   19  BE FOR INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT  LEAST  TEN
   20  PER  CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE AFFORDABLE
   21  TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
   22    S 15. Paragraph (h) of subdivision 3 of section 7-722 of  the  village
   23  law,  as  amended by chapter 418 of the laws of 1995, is amended to read
   24  as follows:
   25    (h) Existing housing resources and future  housing  needs,  including,
   26  BUT  NOT  LIMITED TO, affordable housing AND HOUSING FOR SENIOR CITIZENS
   27  CONSISTENT WITH THE GOAL OF  MIXED-USE  AGE-INTEGRATED  PROJECTS  WITHIN
   28  COMMUNITIES.
   29    S  16.  Section  7-722  of  the village law is amended by adding a new
   30  subdivision 13 to read as follows:
   31    13. MIXED-USE AGE-INTEGRATED HOUSING INCENTIVE FUND.  IN  CASES  WHERE
   32  THE  VILLAGE  IS  APPROVING  A SUBDIVISION PLAT OR SITE PLAN FOR FIVE OR
   33  MORE RESIDENTIAL UNITS OR A MIXED-USE DEVELOPMENT THAT INCORPORATES FIVE
   34  OR MORE RESIDENTIAL UNITS,  THE  VILLAGE  MAY  ESTABLISH  A  PROGRAM  TO
   35  PROVIDE  DEVELOPERS  WITH INCENTIVES TO DEVELOP MIXED-USE AGE-INTEGRATED
   36  HOUSING. SUCH PROGRAM MAY INCLUDE THE FOLLOWING INCENTIVES, IN  ADDITION
   37  TO  ANY  OTHER  INCENTIVES  ALREADY  PROVIDED  IN LAW. IN EXCHANGE FOR A
   38  DENSITY INCREASE OF AT LEAST TEN PER CENTUM OVER THE OTHERWISE ALLOWABLE
   39  DENSITY RATIO UNDER THE APPLICABLE ZONING  ORDINANCE  AND  COMPREHENSIVE
   40  PLAN  AS  OF  THE  DATE OF APPLICATION BY THE DEVELOPER, THE VILLAGE MAY
   41  REQUIRE THE DEVELOPER TO PROVIDE THE FOLLOWING:
   42    (A) THE SET ASIDE OF AT LEAST TEN PER CENTUM OF THE RESIDENTIAL  UNITS
   43  REQUESTED  IN  THE SUBDIVISION PLAT OR SITE PLAN FOR MIXED-USE AGE-INTE-
   44  GRATED HOUSING, OR
   45    (B) UPON A FINDING BY THE VILLAGE THAT  THE  SET  ASIDE  OF  MIXED-USE
   46  AGE-INTEGRATED  HOUSING  UNITS WOULD HAVE A SPECIFIC ADVERSE IMPACT UPON
   47  HEALTH, SAFETY OR THE ENVIRONMENT FOR WHICH THERE IS NO FEASIBLE  METHOD
   48  TO  SATISFACTORILY  MITIGATE  OR  AVOID THE SPECIFIC ADVERSE IMPACT, THE
   49  VILLAGE MAY REQUIRE THE DEVELOPER TO PAY A  REASONABLE  FEE  THAT  SHALL
   50  CONSTITUTE  A  TRUST  FUND  TO  BE  USED  EXCLUSIVELY BY THE VILLAGE FOR
   51  PROVIDING MIXED-USE AGE-INTEGRATED SERVICES SUCH AS, BUT NOT LIMITED TO,
   52  SENIOR TRANSPORTATION,  HOME  HEALTH  CARE,  HOME  DELIVERED  MEALS,  OR
   53  RESPITE  CARE.  ALL  FEES  COLLECTED  BY THE VILLAGE AS PROVIDED IN THIS
   54  SECTION SHALL BE KEPT IN TRUST SEPARATE AND APART FROM ALL OTHER MONEYS.
   55  MONEYS IN SUCH TRUST FUND SHALL BE DEPOSITED AND SECURED IN  THE  MANNER
   56  PROVIDED  BY  SECTION TEN OF THE GENERAL MUNICIPAL LAW. PENDING EXPENDI-
       A. 1717                             6
    1  TURES FROM SUCH TRUST FUND, MONEYS THEREIN MAY BE INVESTED IN THE MANNER
    2  PROVIDED IN SECTION ELEVEN OF THE GENERAL MUNICIPAL LAW. ANY INTEREST OR
    3  CAPITAL GAIN REALIZED ON THE  MONEYS  SO  DEPOSITED  OR  INVESTED  SHALL
    4  ACCRUE TO AND BECOME PART OF SUCH TRUST FUND.
    5    PRIOR  TO  OFFERING  THE INCENTIVES INDICATED IN THIS SUBDIVISION, THE
    6  VILLAGE SHALL ADOPT A LOCAL LAW SPECIFYING HOW THEY WILL IMPLEMENT  THIS
    7  INCENTIVE PROGRAM, INCLUDING PROVISIONS FOR HOW THE DENSITY INCREASE AND
    8  OTHER INCENTIVES WILL BE IMPLEMENTED.
    9    S  17.  The  real  property tax law is amended by adding a new section
   10  421-l to read as follows:
   11    S 421-L. MIXED-USE AGE-INTEGRATED HOUSING EXEMPTION. ANY COUNTY, CITY,
   12  TOWN, VILLAGE OR SCHOOL DISTRICT MAY BY LOCAL LAW OR IN THE  CASE  OF  A
   13  SCHOOL  DISTRICT  BY  RESOLUTION,  OTHER THAN A SCHOOL DISTRICT TO WHICH
   14  ARTICLE FIFTY-TWO OF THE EDUCATION LAW APPLIES, AFTER A  PUBLIC  HEARING
   15  ADOPT  THE  PROVISIONS  OF  THIS  SECTION PROVIDING FOR AN EXEMPTION FOR
   16  SENIOR CITIZEN MIXED-USE AGE-INTEGRATED HOUSING AS  DEFINED  IN  SECTION
   17  TWO HUNDRED SEVENTY-TWO-A OF THE TOWN LAW.
   18    SUCH  LOCAL LAW, OR IN THE CASE OF A SCHOOL DISTRICT, SUCH RESOLUTION,
   19  MAY PROVIDE FOR THE EXEMPTIONS APPLICATION TO BE LIMITED TO  A  SPECIFIC
   20  GEOGRAPHIC  AREA OF SUCH COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT.
   21  SUCH EXEMPTIONS SHALL BE COMPUTED UPON THE INCREASE IN  VALUE  ATTRIBUT-
   22  ABLE  TO  THE NEW CONSTRUCTION, OR IN THE CASE OF RECONSTRUCTION, TO THE
   23  INCREASE IN VALUE ATTRIBUTABLE TO SUCH RECONSTRUCTION.
   24    SUCH MIXED-USE AGE-INTEGRATED HOUSING EXEMPTION SHALL BE  PURSUANT  TO
   25  THE FOLLOWING EXEMPTION SCHEDULE:
   26            YEAR OF EXEMPTION             PERCENTAGE OF EXEMPTION
   27                   1                             50
   28                   2                             50
   29                   3                             50
   30                   4                             40
   31                   5                             30
   32                   6                             20
   33                   7                             10
   34                   8                             10
   35                   9                             10
   36                   10                            5
   37    S  18.  The  state  office  for  the aging and the department of state
   38  shall:
   39    (a) prepare or cause to be prepared  and  made  available  to  cities,
   40  towns  and  villages  model  zoning  and planning guidelines that foster
   41  age-integrated communities including provisions to allow  for  accessory
   42  senior citizen units in areas zoned for single family residences and for
   43  mixed-use  development accommodating senior citizen residential housing;
   44  and
   45    (b) make recommendations, in consultation with the division of housing
   46  and community renewal, to the governor  and  legislature  for  assisting
   47  mixed-use  age-integrated  housing  development  or redevelopment demon-
   48  stration projects in urban, suburban and rural areas of the  state.  The
   49  director  of  the  state office for the aging and the secretary of state
   50  shall establish an advisory committee for purposes of this section. Such
   51  committee shall include, but not be limited to, top  representatives  of
   52  local  government,  senior  citizen  organizations,  developers,  senior
   53  service providers and planners.
   54    S 19. This act shall take effect on  the  one  hundred  eightieth  day
   55  after it shall have become a law.
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