N.Y. Urban development research corporation act 173/68 § 8: Cooperation with municipalities

§ 8. Cooperation with municipalities. (1) In effectuating the purposes

of this act, the corporation 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 eleven of

this act, before commencing the acquisition, construction,

reconstruction, rehabilitation, alteration or improvement of any

project: (a) the corporation shall file a copy of the general project

plan in its corporate offices and in the office of the clerk of any

municipality in which the project is to be located, and shall provide a

copy thereof to the chief executive officer of any such municipality,

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. Upon request, any other

person shall be furnished with a digest of such plan; (b) the

corporation shall publish a notice of the filing of such plan and the

availability of digests thereof in one newspaper of general circulation

within the municipality, 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 thirty days after such publication; (c) the

corporation shall conduct a public hearing pursuant to such notice; (d)

any person shall have the opportunity to present written comments on the

plan within thirty days after the public hearing; (e) 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: (f) 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 this

subdivision, 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.

(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. 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 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.