Bill Text: NY S02297 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires that before a certificate of occupancy can be issued for a building located in a development in a city having a population of one million or more, present law respecting mapped street improvement and access thereto be complied with, or city planning commission must have certified, pursuant to requirements of a special purpose district set forth in city's zoning resolution, that development complies with a satisfactory plan of traffic control and vehicular access, and abutting street improvement satisfactory to department of transportation of the city.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CITIES [S02297 Detail]
Download: New_York-2011-S02297-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2297 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the general city law, in relation to requiring in a city having a population of one million or more, that building developments either comply with present law respecting abutting mapped street access or, pursuant to requirements of a special purpose district set forth in zoning resolution, comply with satisfactory traffic control and street improvement plans providing vehicular access THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 36 of the general city law, as 2 amended by chapter 815 of the laws of 1984, is amended to read as 3 follows: 4 2. A city having a population of one million or more. No public munic- 5 ipal street utility or improvement shall be constructed by any city 6 having a population of one million or more in any street or highway 7 until it has become a public street or highway and is duly placed on the 8 official map or plan, with the exception that a city may construct 9 improvements and provide services to any public way (mapped or unmapped) 10 if the public way has been open and in use to the public for a minimum 11 of ten years. The existence of the public way must be attested to by 12 documents satisfactory to the municipality, such as reports of city 13 agencies providing municipal services. No certificate of occupancy shall 14 be issued in such city for any building unless a street or highway 15 giving access to such structure has been duly placed on the official map 16 or plan, which street or highway, and any other mapped street or highway 17 abutting such building or structure shall have been suitably improved to 18 the satisfaction of the department of transportation of the city in 19 accordance with standards and specifications approved by such department 20 as adequate in respect to the public health, safety and general welfare 21 for the special circumstances of the particular street or highway, OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07395-01-1 S. 2297 2 1 UNLESS THE CITY PLANNING COMMISSION OF SUCH CITY, PURSUANT TO THE 2 REQUIREMENTS OF A SPECIAL PURPOSE DISTRICT SET FORTH IN SUCH CITY'S 3 ZONING RESOLUTION, SHALL HAVE CERTIFIED THAT THE BUILDING IS LOCATED IN 4 A DEVELOPMENT WHICH COMPLIES WITH A PLAN THAT (A) PROVIDES FOR VEHICULAR 5 ACCESS AND EGRESS FOR EMERGENCY AND OTHER VEHICULAR TRAFFIC TO THE 6 DEVELOPMENT ARRANGED SO THAT SUCH ACCESS AND EGRESS AFFORDS THE BEST 7 MEANS OF CONTROLLING THE FLOW OF TRAFFIC GENERATED BY SUCH DEVELOPMENT 8 AND (B) PROVIDES THE BUILDING WITH DIRECT OR INDIRECT ACCESS TO A STREET 9 OR HIGHWAY DULY PLACED ON THE OFFICIAL MAP OR PLAN, WHICH STREET OR 10 HIGHWAY, AND ANY OTHER STREET OR HIGHWAY ABUTTING SUCH BUILDING OR 11 STRUCTURE SHALL HAVE BEEN IMPROVED TO THE SATISFACTION OF THE DEPARTMENT 12 OF TRANSPORTATION OF THE CITY AS SET FORTH ABOVE IN THIS SECTION, or, 13 alternately, unless the owner has furnished to the department of trans- 14 portation of such city a performance bond naming the city as obligee, 15 approved by such department, to the full cost of such improvement as 16 estimated by such department, or other security approved by such depart- 17 ment, that such improvement will be completed within the time specified 18 by such department. If such improvement has not been installed within 19 the time specified by such department, such department may declare such 20 performance bond or other security to be in default and shall collect, 21 in the name of the city, the sum remaining payable thereunder. Upon 22 receipt of the proceeds thereof, the city shall install such improve- 23 ment. If the cost of such improvement exceeds the sum remaining payable 24 under such bond or other security, the owner shall be liable for and 25 shall pay to the city, the amount of such excess. Where the enforcement 26 of the provisions of this section would entail practical difficulty or 27 unnecessary hardship, and where the circumstances of the case do not 28 require the structure to be related to existing or proposed streets or 29 highways, the applicant for such a certificate of occupancy may appeal 30 from the decision of the administrative officer having charge of the 31 issuance of certificates of occupancy to the board of standards and 32 appeals or other similar board of such city having power to make vari- 33 ances or exceptions in zoning regulations, and the same provisions are 34 hereby applied to such appeals and to such board as are provided in 35 cases of appeals on zoning regulations. The board may in passing on such 36 appeal make any reasonable exception and issue the certificate of occu- 37 pancy subject to conditions that will protect any future street or high- 38 way layout. Any such decision shall be subject to review under the 39 provisions of article seventy-eight of the civil practice law and rules. 40 No permit shall be granted for the erection of any building or structure 41 in such city unless the owner has furnished to the commissioner of 42 transportation of such city a policy of liability insurance, marked 43 paid, in such amounts as may be fixed by such department, insuring, 44 indemnifying and saving the city harmless from any claims, suits, 45 demands, causes of action and judgments by reason of personal injuries 46 sustained by any person or persons, including death, and from any 47 claims, suits, demands, causes of action and judgments for damages to 48 property, occurring on any such street or highway giving access to or 49 abutting such structure, up to the date of the issuance of the certif- 50 icate of occupancy or up to the date of the completion of the improve- 51 ment of such street or highway as required by or pursuant to this 52 section, whichever is later. In the event that the owner is covered by 53 such a policy of liability insurance, the department of transportation 54 may accept a certificate of endorsement extending such policy to include 55 and cover the city. Every permit issued for the erection of any such 56 building or structure shall contain a statement that no certificate of S. 2297 3 1 occupancy will be issued with respect to such building or structure 2 unless a street or highway giving access to such structure has been duly 3 placed on the official map or plan, which street or highway and any 4 other mapped street or highway abutting such building or structure shall 5 have been suitably improved to the satisfaction of the department of 6 transportation of the city in accordance with standards and specifica- 7 tions approved by such department as adequate in respect to the public 8 health, safety and general welfare for the special circumstances of the 9 particular street or highway or, alternately, unless the owner has 10 furnished to the department of transportation a performance bond naming 11 the city as obligee, approved by such department, sufficient to cover 12 the full cost of such improvement as estimated by such department, or 13 other security approved by such department, that such improvement will 14 be completed within the time specified by such department. 15 S 2. This act shall take effect immediately.