N.Y. Urban Development Corporation Act 174/68 § 16: Cooperation with municipalities

§ 16. Cooperation with municipalities. (1) In effectuating the

purposes of this act, the corporation and community advisory committees

created pursuant to section four of this act shall work closely, consult

and cooperate with local elected officials and community leaders at the

earliest practicable time. The corporation shall give primary

consideration to local needs and desires and shall foster local

initiative and participation in connection with the planning and

development of its projects. Wherever possible, activities of the

corporation shall be coordinated with local urban renewal and other

community projects, and the corporation shall assist localities in

carrying out such projects. Consideration shall also be given to local

and regional goals and policies as expressed in urban renewal, community

renewal and local comprehensive land use plans and regional plans.

(2) Except with respect to a project consisting in whole or in part of

real property acquired by the corporation pursuant to section fourteen

of this act, before commencing the acquisition, construction,

reconstruction, rehabilitation, alteration or improvement of any

project: (a) upon adoption of the general project plan, the corporation

shall file a copy of such plan, including the findings required pursuant

to section ten of this act, in its corporate offices and in the office

of the clerk of any municipality in which the project is to be located.

Upon request, any other person shall be furnished with a digest of such

plan; (b) pursuant to authorization from the chief executive officer of

the corporation, which authorization may be given prior to the adoption

of such plan by the corporation, the corporation shall: (i) publish in

one newspaper of general circulation within the municipality, (ii)

provide to the chief executive officer of the municipality within which

the project is located, and (iii) in any city having a population of one

million or more, provide to any community board in which the project

will be located, a notice that such plan will be filed upon its adoption

by the corporation and that digests thereof will be available, which

notice shall also state that a public hearing will be held to consider

the plan at a specified time and place on a date not less than ten days

after such publication; (c) the corporation shall conduct a public

hearing pursuant to such notice, provided that such public hearing shall

not take place before the adoption or the filing of such plan by the

corporation; (d) upon a written finding of the chief executive officer

of the corporation that no substantive negative testimony or comment has

been received at such public hearing, such plan shall be effective at

the conclusion of such hearing; provided, however, that if any

substantive negative testimony or comment is received at such public

hearing, the corporation may, after due consideration of such testimony

and comment, affirm, modify or withdraw the plan in the manner provided

for the initial filing of such plan in paragraph (a) of this

subdivision.

(3) After consultation with local officials, as provided in

subdivision one of this section, the corporation and any subsidiary

thereof shall, in constructing, reconstructing, rehabilitating, altering

or improving any project, comply with the requirements of local laws,

ordinances, codes, charters or regulations applicable to such

construction, reconstruction, rehabilitation, alteration or improvement,

provided however, that when, in the discretion of the corporation, such

compliance is not feasible or practicable, the corporation and any

subsidiary thereof shall comply with the requirements of the state

building construction code, formulated by the state building code

council pursuant to article eighteen of the executive law, applicable to

such construction, reconstruction, rehabilitation, alteration or

improvement. In those circumstances where, in the discretion of the

corporation, such compliance with local laws, ordinances, codes,

charters or regulations is not feasible or practicable, and in the case

of any project where the corporation intends to acquire real property

pursuant to section thirteen of this act, the requirements of

subdivision two of this section shall be complied with; provided,

however, that (a) the corporation shall provide a copy of the plan to

the chief executive officer of any municipality within which the project

is to be located, the chairman of the planning board or commission of

any such municipality, or if there is no planning board or commission,

to the presiding officer of the local governing body and in any city

having a population of one million or more, to any community board in

which the project is located, and the public hearing to consider the

plan required pursuant thereto shall be held on thirty days notice

following adoption of the plan by the corporation; (b) any person shall

have the opportunity to present written comments on the plan within

thirty days after the public hearing; (c) any municipality within which

the project is to be located, by majority vote of its planning board or

commission, or in the event there is no planning board or commission, by

majority vote of its local governing body, may recommend approval,

disapproval or modification of the plan, which recommendation shall be

submitted in writing to the corporation within thirty days after such

hearing; and (d) after due consideration of such testimony and comments

and municipal recommendations, if any, the corporation may affirm,

modify or withdraw the plan in the manner provided for the initial

filing of such plan in paragraph (a) of subdivision two of this section,

provided, however that in the event any such municipality has

recommended disapproval or modification of the plan, as provided herein,

the corporation may affirm the plan only by a vote of two-thirds of the

directors thereof then in office. No municipality shall have power to

modify or change the drawings, plans or specifications for the

construction, reconstruction, rehabilitation, alteration or improvement

of any project of the corporation or of any subsidiary thereof, or the

construction, plumbing, heating, lighting or other mechanical branch of

work necessary to complete the work in question, nor to require that any

person, firm or corporation employed on any such work shall perform any

such work in any other or different manner than that provided by such

plans and specifications, nor to require that any such person, firm or

corporation obtain any other or additional authority, approval, permit

or certificate from such municipality in relation to the work being

done, and the doing of any such work by any person, firm or corporation

in accordance with the terms of such drawings, plans, specifications or

contracts shall not subject said person, firm or corporation to any

liability or penalty, civil or criminal, other than as may be stated in

such contracts or incidental to the proper enforcement thereof; nor

shall any municipality have power to require the corporation or any

subsidiary thereof, or lessee therefrom or successor in interest

thereto, to obtain any other or additional authority, approval, permit,

certificate or certificate of occupancy from such municipality as a

condition of owning, using, maintaining, operating or occupying any

project acquired, constructed, reconstructed, rehabilitated, altered or

improved by the corporation or by any subsidiary thereof. The foregoing

provisions shall not preclude any municipality from exercising the right

of inspection for the purpose of requiring compliance by any such

project with local requirements for operation and maintenance, affecting

the health, safety and welfare of the occupants thereof, provided,

however, that such compliance does not require changes, modifications or

additions to the original construction of such project.

(4) Each municipality or political subdivision, including but not

limited to a county, city, town, village or district, in which any

project of the corporation or of any subsidiary thereof is located,

shall provide for such project, whether then owned by the corporation,

any subsidiary thereof or any successor in interest thereto, police,

fire, sanitation, health protection and other municipal services of the

same character and to the same extent as those provided for other

residents of such municipality or political subdivision.

(5) Notwithstanding the provisions of any general, special or local

law or charter, any municipality or any public corporation is hereby

empowered to purchase or lease for a term not exceeding ninety-nine

years a civic project, upon such terms and conditions as may be agreed

upon by such municipality or such public corporation and the

corporation. No agreement for such purchase or lease shall be deemed to

be a contract for public work or purchase within the meaning of the

general municipal law. Nothing contained in this subdivision shall be

deemed to amend or supersede any other provision of law requiring a vote

of the qualified voters of any school district upon a proposed

expenditure of funds or incurring of indebtedness by such school

district.

(6) In carrying out any project, the corporation and its subsidiaries

shall be empowered to enter into contractual agreements with

municipalities and public corporations with respect to the furnishing of

any community, municipal or public facilities or services necessary or

desirable for such project, and any municipality or public corporation

is hereby authorized and empowered, notwithstanding any other law, to

enter into such contractual agreements with the corporation and its

subsidiaries and to do all things necessary to carry out its obligations

under the same.