Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 18, 2012 |
referred to local governments |
Assembly Bill A9842
2011-2012 Legislative Session
Sponsored By
LAVINE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Peter Rivera
James F. Brennan
Barbara Clark
David McDonough
multi-Sponsors
Dean Murray
Andrew Raia
2011-A9842 (ACTIVE) - Details
2011-A9842 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9842 I N A S S E M B L Y April 18, 2012 ___________ Introduced by M. of A. LAVINE -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, in relation to community benefits agreements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general municipal law is amended by adding a new arti- cle 12-I to read as follows: ARTICLE 12-I COMMUNITY BENEFITS AGREEMENTS SECTION 239-BB. COMMUNITY BENEFITS AGREEMENTS. S 239-BB. COMMUNITY BENEFITS AGREEMENTS. 1. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY FOR THE PURPOSE OF ISSUANCE OF ANY APPROVALS OR PERMITS ANY BENEFIT THAT IS TANGIBLE MAY BE PLACED AT THE DISCRETION OF THE APPLICANT SO LONG AS THE BENEFIT IS PUBLICLY ACCESSI- BLE. IF THE EXERCISE OF SUCH DISCRETION AS PERMITTED UNDER THIS SECTION RESULTS IN THE PLACEMENT OF A TANGIBLE COMMUNITY BENEFIT ON, OR ADJACENT TO, THE DEVELOPER'S PROJECT SITE, IT SHALL BE REQUIRED THAT THE BENEFIT BE REASONABLY RELATED TO THE PROJECT UNDERTAKEN BY SUCH APPLICANT. FOR PURPOSES OF THIS SECTION A COMMUNITY BENEFITS AGREEMENT IS A PRIVATE AGREEMENT BETWEEN AN APPLICANT SEEKING ANY APPROVALS OR PERMITS PURSUANT TO ARTICLE SIXTEEN OF THE TOWN LAW, ARTICLE SEVEN OF THE VILLAGE LAW OR ARTICLE FIVE-A OF THE GENERAL CITY LAW AND A COMMUNITY ORGANIZATION OR ORGANIZATIONS, WHERE SUPPORT OR FORBEARANCE WITH RESPECT TO SUCH APPROVALS OR PERMITS IS THE CONSIDERATION FOR SUCH AGREEMENT, EXCEPT THAT THIS SECTION SHALL NOT APPLY TO A CITY WITH A POPULATION OF ONE MILLION OR MORE. 2. PRIOR TO ENTERING INTO A COMMUNITY BENEFIT AGREEMENT WITH A DEVEL- OPER, THE MUNICIPALITY SHALL SET FORTH A MONETARY AMOUNT THAT THE DEVEL- OPER SHALL ALLOCATE TO PROVIDING THE BENEFIT. SUCH AMOUNT SHALL BE BASED ON A PERCENTAGE OF THE TOTAL PROJECT COST THAT SHALL NOT EXCEED FIVE PERCENT OF THE INCREASED DENSITY ABOVE WHAT IS ALLOWABLE FOR THE PROJECT UNDER CURRENT ZONING LAW. SUCH AMOUNT SHALL BE THE MAXIMUM FOR THE ENTIRE COMMUNITY BENEFIT AGREEMENT, INCLUDING ANY AGREEMENT MADE WITH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.