Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 8
Cooperation with municipalities
Urban Development Research Corporation Act 173/68 (UDR) CHAPTER 173
§ 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.