Bill Text: NY A05499 | 2015-2016 | General Assembly | Amended

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Bill Title: Restricts the use of all property in the county of Richmond purchased by the state under the NY rising recovery program, which is in the custody of the housing trust fund corporation.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-06-18 - substituted by s3481b [A05499 Detail]

Download: New_York-2015-A05499-Amended.html

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                           S T A T E   O F   N E W   Y O R K
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                                        5499--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 24, 2015
                                      ___________
       Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
         Committee on Tourism, Parks, Arts and Sports Development --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  restrict the use of real property in the county of Richmond
         purchased by the governor's office of storm recovery, pursuant to  the
         NY rising buyout program, which is currently or formerly in the custo-
         dy and control of the housing trust fund corporation
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. With respect to all real property in the county of Richmond
    2  purchased by the state or  the  governor's  office  of  storm  recovery,
    3  pursuant  to  the  NY  rising  buyout program, whether such purchase was
    4  prior to or after the effective date of this act, and  is  currently  or
    5  formerly  in  the  custody  and control of the housing trust fund corpo-
    6  ration:
    7    (a) All such land shall be dedicated and maintained in  perpetuity  as
    8  open space for the conservation of natural floodplain functions. Permis-
    9  sible  uses  include parks for outdoor recreational activities; wetlands
   10  management; nature reserves; cultivation; grazing; camping (except where
   11  adequate warning time is not available to allow evacuation); unimproved,
   12  unpaved parking lots; buffer  zones;  and  other  uses  consistent  with
   13  Federal  Emergency  Management  Agency  ("FEMA") guidance for open space
   14  acquisition; and
   15    (b) No new structures or improvements shall be erected  on  such  land
   16  other than:
   17    (i)  a  public  facility  that  is  open on all sides and functionally
   18  related to a designated open space or recreational use; or
   19    (ii) a public restroom; or
   20    (iii) a flood control structure; or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02111-05-5
       A. 5499--A                          2
    1    (iv) a structure that the local floodplain manager approves in writing
    2  before the commencement of the construction of the structure. Any struc-
    3  tures to be built on the land according to this paragraph shall be flood
    4  proofed or elevated to at least the base flood level plus  one  foot  of
    5  freeboard,  or  greater, if required by any state or local statute, rule
    6  or ordinance.
    7    S 2. This act shall take effect immediately.