Bill Text: NY S07436 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to zoning provisions for temporary family health care structures.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-18 - REFERRED TO LOCAL GOVERNMENT [S07436 Detail]
Download: New_York-2017-S07436-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 7436 A. 9045 SENATE - ASSEMBLY January 18, 2018 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- 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: 1 Section 1. The town law is amended by adding a new section 274-c to 2 read as follows: 3 § 274-c. Zoning provisions for temporary family health care struc- 4 tures. 1. For purposes of this section: 5 (a) "Caregiver" means an adult who provides care for a mentally disa- 6 bled or physically impaired person within the state. A caregiver shall 7 be either related by blood, marriage, or adoption to or the legally 8 appointed guardian of the mentally disabled or physically impaired 9 person for whom he or she is caring. 10 (b) "Physically impaired person" means a person who is a resident of 11 the state and who requires assistance with two or more activities of 12 daily living as certified in a statement of a physician duly licensed to 13 practice medicine. 14 (c) "Mentally disabled person" means a person with a mental illness, 15 mental retardation, developmental disability, alcoholism, substance 16 dependence, or chemical dependence as defined in subdivision three of 17 section 1.03 of the mental hygiene law. 18 (d) "Temporary family health care structure" means a transportable 19 residential structure, providing an environment facilitating a 20 caregiver's provision of care for a mentally disabled or physically 21 impaired person, that (i) is primarily assembled at a location other 22 than its site of installation, (ii) is limited to one occupant who shall 23 be the mentally disabled or physically impaired person, (iii) has no EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08098-01-7S. 7436 2 A. 9045 1 more than three hundred gross square feet, and (iv) complies with appli- 2 cable provisions of section one hundred thirty of this chapter. Placing 3 the temporary family health care structure on a permanent foundation 4 shall not be required or permitted. 5 2. Zoning ordinances for all purposes shall consider temporary family 6 health care structures for use by a caregiver in providing care for a 7 mentally disabled or physically impaired person and on property owned or 8 occupied by the caregiver as his or her residence as a permitted acces- 9 sory for use in any single-family residential zoning district on lots 10 zoned for single-family detached dwellings. Such structures shall not 11 require a special use permit or be subjected to any other local require- 12 ments beyond those imposed upon other authorized accessory structures, 13 except as otherwise provided in this section. Such structures shall 14 comply with all setback requirements that apply to the primary structure 15 and with any maximum floor area ration limitations that may apply to the 16 primary structure. Only one family health care structure shall be 17 allowed on a lot or parcel of land. 18 3. Any person proposing to install a temporary family health care 19 structure shall first obtain a permit from the planning board or such 20 other administrative body, for which the locality may charge a uniform 21 fee of up to one hundred dollars. The locality may not withhold such 22 permit if the applicant provides sufficient proof of compliance with 23 this section. The locality may require that the applicant provide 24 evidence of compliance with this section on an annual basis as long as 25 the temporary family health care structure remains on the property. Such 26 evidence may involve the inspection by the locality of the temporary 27 family health care structure at reasonable times convenient to the care- 28 giver, not limited to any annual compliance confirmation. 29 4. Any temporary family health care structure installed pursuant to 30 this section may be required to connect to any water, sewer, and elec- 31 tric utilities that are serving the primary residence on the property 32 and shall comply with all applicable requirements of section one hundred 33 thirty of this chapter. 34 5. No signage advertising or otherwise promoting the existence of the 35 structure shall be permitted either on the exterior of the temporary 36 family health care structure or elsewhere on the property. 37 6. Any temporary family health care structure installed pursuant to 38 this section shall be removed within thirty days after the mentally 39 disabled or physically impaired person is no longer receiving or is no 40 longer in need of the assistance provided for in this section. 41 7. The planning board or other such administrative body may revoke the 42 permit granted pursuant to subdivision three of this section if the 43 permit holder violates any provision of this section. Additionally, the 44 local governing body may seek injunctive relief or other appropriate 45 actions or proceedings to ensure compliance with this section. The 46 planning board or other such administrative body is vested with all 47 necessary authority on behalf of the governing body of the locality to 48 ensure compliance with this section. 49 § 2. The village law is amended by adding a new section 7-725-c to 50 read as follows: 51 § 7-725-c Zoning provisions for temporary family health care struc- 52 tures. 1. For purposes of this section: 53 (a) "Caregiver" means an adult who provides care for a mentally disa- 54 bled or physically impaired person within the state. A caregiver shall 55 be either related by blood, marriage, or adoption to or the legallyS. 7436 3 A. 9045 1 appointed guardian of the mentally disabled or physically impaired 2 person for whom he or she is caring. 3 (b) "Physically impaired person" means a person who is a resident of 4 the state and who requires assistance with two or more activities of 5 daily living as certified in a statement of a physician duly licensed to 6 practice medicine. 7 (c) "Mentally disabled person" means a person with a mental illness, 8 mental retardation, developmental disability, alcoholism, substance 9 dependence, or chemical dependence as defined in subdivision three of 10 section 1.03 of the mental hygiene law. 11 (d) "Temporary family health care structure" means a transportable 12 residential structure, providing an environment facilitating a 13 caregiver's provision of care for a mentally disabled or physically 14 impaired person, that (i) is primarily assembled at a location other 15 than its site of installation, (ii) is limited to one occupant who shall 16 be the mentally disabled or physically impaired person, (iii) has no 17 more than three hundred gross square feet, and (iv) complies with appli- 18 cable provisions of section 7-700 of this article. Placing the temporary 19 family health care structure on a permanent foundation shall not be 20 required or permitted. 21 2. Zoning ordinances for all purposes shall consider temporary family 22 health care structures for use by a caregiver in providing care for a 23 mentally disabled or physically impaired person and on property owned or 24 occupied by the caregiver as his or her residence as a permitted acces- 25 sory for use in any single-family residential zoning district on lots 26 zoned for single-family detached dwellings. Such structures shall not 27 require a special use permit or be subjected to any other local require- 28 ments beyond those imposed upon other authorized accessory structures, 29 except as otherwise provided in this section. Such structures shall 30 comply with all setback requirements that apply to the primary structure 31 and with any maximum floor area ration limitations that may apply to the 32 primary structure. Only one family health care structure shall be 33 allowed on a lot or parcel of land. 34 3. Any person proposing to install a temporary family health care 35 structure shall first obtain a permit from the planning board or such 36 other administrative body, for which the locality may charge a uniform 37 fee of up to one hundred dollars. The locality may not withhold such 38 permit if the applicant provides sufficient proof of compliance with 39 this section. The locality may require that the applicant provide 40 evidence of compliance with this section on an annual basis as long as 41 the temporary family health care structure remains on the property. Such 42 evidence may involve the inspection by the locality of the temporary 43 family health care structure at reasonable times convenient to the care- 44 giver, not limited to any annual compliance confirmation. 45 4. Any temporary family health care structure installed pursuant to 46 this section may be required to connect to any water, sewer, and elec- 47 tric utilities that are serving the primary residence on the property 48 and shall comply with all applicable requirements of sections 11-1112 49 and 14-1438 of this chapter. 50 5. No signage advertising or otherwise promoting the existence of the 51 structure shall be permitted either on the exterior of the temporary 52 family health care structure or elsewhere on the property. 53 6. Any temporary family health care structure installed pursuant to 54 this section shall be removed within thirty days after the mentally 55 disabled or physically impaired person is no longer receiving or is no 56 longer in need of the assistance provided for in this section.S. 7436 4 A. 9045 1 7. The planning board or other such administrative body may revoke the 2 permit granted pursuant to subdivision three of this section if the 3 permit holder violates any provision of this section. Additionally, the 4 local governing body may seek injunctive relief or other appropriate 5 actions or proceedings to ensure compliance with this section. The 6 planning board or other such administrative body is vested with all 7 necessary authority on behalf of the governing body of the locality to 8 ensure compliance with this section. 9 § 3. The general city law is amended by adding a new section 82 to 10 read as follows: 11 § 82. Zoning provisions for temporary family health care structures. 12 1. For purposes of this section: 13 (a) "Caregiver" means an adult who provides care for a mentally disa- 14 bled or physically impaired person within the state. A caregiver shall 15 be either related by blood, marriage, or adoption to or the legally 16 appointed guardian of the mentally disabled or physically impaired 17 person for whom he or she is caring. 18 (b) "Physically impaired person" means a person who is a resident of 19 the state and who requires assistance with two or more activities of 20 daily living as certified in a statement of a physician duly licensed to 21 practice medicine. 22 (c) "Mentally disabled person" means a person with a mental illness, 23 mental retardation, developmental disability, alcoholism, substance 24 dependence, or chemical dependence as defined in subdivision three of 25 section 1.03 of the mental hygiene law. 26 (d) "Temporary family health care structure" means a transportable 27 residential structure, providing an environment facilitating a 28 caregiver's provision of care for a mentally disabled or physically 29 impaired person, that (i) is primarily assembled at a location other 30 than its site of installation, (ii) is limited to one occupant who shall 31 be the mentally disabled or physically impaired person, (iii) has no 32 more than three hundred gross square feet, and (iv) complies with appli- 33 cable provisions of subdivisions twenty-four and twenty-five of section 34 twenty of this chapter. Placing the temporary family health care struc- 35 ture on a permanent foundation shall not be required or permitted. 36 2. Zoning ordinances for all purposes shall consider temporary family 37 health care structures for use by a caregiver in providing care for a 38 mentally disabled or physically impaired person and on property owned or 39 occupied by the caregiver as his or her residence as a permitted acces- 40 sory for use in any single-family residential zoning district on lots 41 zoned for single-family detached dwellings. Such structures shall not 42 require a special use permit or be subjected to any other local require- 43 ments beyond those imposed upon other authorized accessory structures, 44 except as otherwise provided in this section. Such structures shall 45 comply with all setback requirements that apply to the primary structure 46 and with any maximum floor area ration limitations that may apply to the 47 primary structure. Only one family health care structure shall be 48 allowed on a lot or parcel of land. 49 3. Any person proposing to install a temporary family health care 50 structure shall first obtain a permit from the planning board or such 51 other administrative body, for which the locality may charge a uniform 52 fee of up to one hundred dollars. The locality may not withhold such 53 permit if the applicant provides sufficient proof of compliance with 54 this section. The locality may require that the applicant provide 55 evidence of compliance with this section on an annual basis as long as 56 the temporary family health care structure remains on the property. SuchS. 7436 5 A. 9045 1 evidence may involve the inspection by the locality of the temporary 2 family health care structure at reasonable times convenient to the care- 3 giver, not limited to any annual compliance confirmation. 4 4. Any temporary family health care structure installed pursuant to 5 this section may be required to connect to any water, sewer, and elec- 6 tric utilities that are serving the primary residence on the property 7 and shall comply with all applicable requirements of sections twenty and 8 fifty-three of this chapter. 9 5. No signage advertising or otherwise promoting the existence of the 10 structure shall be permitted either on the exterior of the temporary 11 family health care structure or elsewhere on the property. 12 6. Any temporary family health care structure installed pursuant to 13 this section shall be removed within thirty days after the mentally 14 disabled or physically impaired person is no longer receiving or is no 15 longer in need of the assistance provided for in this section. 16 7. The planning board or other such administrative body may revoke the 17 permit granted pursuant to subdivision three of this section if the 18 permit holder violates any provision of this section. Additionally, the 19 local governing body may seek injunctive relief or other appropriate 20 actions or proceedings to ensure compliance with this section. The 21 planning board or other such administrative body is vested with all 22 necessary authority on behalf of the governing body of the locality to 23 ensure compliance with this section. 24 § 4. This act shall take effect immediately.