Bill Text: NY S00567 | 2015-2016 | General Assembly | Introduced


Bill Title: Authorizes cities, towns and villages to establish mixed-use age-integrated communities by permitting the development of sites to combine residential units, commercial space and/or services for a multi-age population; 30% of such residential units shall be for persons 60 years of age or older, and at least 10% thereof shall be affordable by persons at 60% or less of the area median income; authorizes cities, town and villages to grant incentives for the construction of such communities; grants a real property tax exemption for such housing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CITIES [S00567 Detail]

Download: New_York-2015-S00567-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          567
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities
       AN ACT to amend the general city law, the town law, the village law  and
         the real property tax law, in relation to age integrated communities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative finding. The legislature  finds  that  in  many
    2  areas of the state there is inadequate availability of affordable senior
    3  citizen  housing  and/or housing integrated in communities with services
    4  for seniors including transportation, shopping, community facilities and
    5  residential neighborhoods. The housing inadequacy will get worse because
    6  the number of New York citizens over 65 years of age  will  increase  40
    7  per  centum  over  the 30 years between 1995 and 2025.  As a result, the
    8  legislature finds that a senior citizen housing crisis exists.
    9    Therefore, the legislature hereby finds and declares that it is neces-
   10  sary for cities, towns and villages to foster housing opportunities  for
   11  seniors  through  zoning and planning actions. This may include, but not
   12  be limited to, allowing mixed-use development with senior dwelling units
   13  compatibly integrated and facilitating new mixed-use development includ-
   14  ing planned unit developments within use and area requirements.
   15    S 2. Subdivision 3 of section 28-a of the general city law is  amended
   16  by adding a new paragraph (d) to read as follows:
   17    (D)  "MIXED-USE  AGE-INTEGRATED HOUSING" SHALL MEAN THE DEVELOPMENT OR
   18  REDEVELOPMENT OF SINGLE SITES TO COMBINE RESIDENTIAL  UNITS,  COMMERCIAL
   19  SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
   20  LEAST  THIRTY  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL
   21  BE FOR INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT  LEAST  TEN
   22  PER  CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE AFFORDABLE
   23  TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03898-01-5
       S. 567                              2
    1    S 3. Paragraph (h) of subdivision 4 of section  28-a  of  the  general
    2  city  law,  as amended by chapter 418 of the laws of 1995, is amended to
    3  read as follows:
    4    (h)  Existing  housing  resources and future housing needs, including,
    5  BUT NOT LIMITED TO, affordable housing AND HOUSING FOR  SENIOR  CITIZENS
    6  CONSISTENT WITH THE GOAL OF MIXED-USE AGE-INTEGRATED HOUSING.
    7    S  4.  Section 28-a of the general city law is amended by adding a new
    8  subdivision 14 to read as follows:
    9    14. MIXED-USE AGE-INTEGRATED HOUSING INCENTIVE FUND.  IN  CASES  WHERE
   10  THE  CITY  IS APPROVING A SUBDIVISION PLAT OR SITE PLAN FOR FIVE OR MORE
   11  RESIDENTIAL UNITS OR A MIXED-USE DEVELOPMENT THAT INCORPORATES  FIVE  OR
   12  MORE  RESIDENTIAL  UNITS,  THE  CITY  MAY ESTABLISH A PROGRAM TO PROVIDE
   13  DEVELOPERS WITH INCENTIVES TO DEVELOP MIXED-USE AGE-INTEGRATED  HOUSING.
   14  SUCH  PROGRAM  MAY  INCLUDE THE FOLLOWING INCENTIVES, IN ADDITION TO ANY
   15  OTHER INCENTIVES ALREADY PROVIDED IN LAW.  IN  EXCHANGE  FOR  A  DENSITY
   16  INCREASE OF AT LEAST TEN PER CENTUM OVER THE OTHERWISE ALLOWABLE DENSITY
   17  RATIO UNDER THE APPLICABLE ZONING ORDINANCE AND COMPREHENSIVE PLAN AS OF
   18  THE  DATE  OF  APPLICATION  BY  THE  DEVELOPER, THE CITY MAY REQUIRE THE
   19  DEVELOPER TO PROVIDE THE FOLLOWING:
   20    (A) THE SET ASIDE OF AT LEAST TEN PER CENTUM OF THE RESIDENTIAL  UNITS
   21  REQUESTED  IN  THE SUBDIVISION PLAT OR SITE PLAN FOR MIXED-USE AGE-INTE-
   22  GRATED HOUSING, OR
   23    (B) UPON A FINDING BY  THE  CITY  THAT  THE  SET  ASIDE  OF  MIXED-USE
   24  AGE-INTEGRATED  HOUSING  UNITS WOULD HAVE A SPECIFIC ADVERSE IMPACT UPON
   25  HEALTH, SAFETY OR THE ENVIRONMENT FOR WHICH THERE IS NO FEASIBLE  METHOD
   26  TO  SATISFACTORILY  MITIGATE  OR  AVOID THE SPECIFIC ADVERSE IMPACT, THE
   27  CITY MAY REQUIRE THE DEVELOPER  TO  PAY  A  REASONABLE  FEE  THAT  SHALL
   28  CONSTITUTE A TRUST FUND TO BE USED EXCLUSIVELY BY THE CITY FOR PROVIDING
   29  MIXED-USE  AGE-INTEGRATED  SERVICES  SUCH AS, BUT NOT LIMITED TO, SENIOR
   30  TRANSPORTATION, HOME HEALTH CARE, HOME DELIVERED MEALS, OR RESPITE CARE.
   31  ALL FEES COLLECTED BY THE CITY AS PROVIDED IN THIS SECTION SHALL BE KEPT
   32  IN TRUST SEPARATE AND APART FROM ALL OTHER MONEYS. MONEYS IN SUCH  TRUST
   33  FUND  SHALL  BE  DEPOSITED AND SECURED IN THE MANNER PROVIDED BY SECTION
   34  TEN OF THE GENERAL MUNICIPAL LAW. PENDING EXPENDITURES FROM  SUCH  TRUST
   35  FUND,  MONEYS  THEREIN MAY BE INVESTED IN THE MANNER PROVIDED IN SECTION
   36  ELEVEN OF THE GENERAL MUNICIPAL LAW. ANY INTEREST OR CAPITAL GAIN  REAL-
   37  IZED  ON  THE MONEYS SO DEPOSITED OR INVESTED SHALL ACCRUE TO AND BECOME
   38  PART OF SUCH TRUST FUND.
   39    PRIOR TO OFFERING THE INCENTIVES INDICATED IN  THIS  SUBDIVISION,  THE
   40  CITY  SHALL  ADOPT  A  LOCAL LAW SPECIFYING HOW THEY WILL IMPLEMENT THIS
   41  INCENTIVE PROGRAM, INCLUDING PROVISIONS FOR HOW THE DENSITY INCREASE AND
   42  OTHER INCENTIVES WILL BE IMPLEMENTED.
   43    S 5. Paragraph (b) of subdivision 1 of section  81-d  of  the  general
   44  city  law,  as added by chapter 247 of the laws of 1992, such section as
   45  renumbered by chapter 208 of the laws of 1993,  is  amended  and  a  new
   46  paragraph (d) is added to read as follows:
   47    (b)  "Community  benefits or amenities" shall mean open space, housing
   48  for persons of low or moderate income, HOUSING FOR PERSONS AGE SIXTY  OR
   49  OLDER,  parks,  elder  care, day care INCLUDING ADULT DAY CARE, or other
   50  specific physical, social, or cultural amenities, or cash in lieu there-
   51  of, of benefit to the residents  of  the  community  authorized  by  the
   52  legislative body of a city.
   53    (D)  "MIXED-USE  AGE-INTEGRATED HOUSING" SHALL MEAN THE DEVELOPMENT OR
   54  REDEVELOPMENT OF SINGLE SITES TO COMBINE RESIDENTIAL  UNITS,  COMMERCIAL
   55  SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
   56  LEAST  THIRTY  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL
       S. 567                              3
    1  BE FOR INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT  LEAST  TEN
    2  PER  CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE AFFORDABLE
    3  TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
    4    S  6. Section 81-f of the general city law, as added by chapter 213 of
    5  the laws of 2003, is amended to read as follows:
    6    S 81-f. Planned unit development zoning districts. A city  legislative
    7  body,  except  in  a  city  having a population of more than one million
    8  persons, is hereby authorized to enact, as part of its zoning local  law
    9  or  ordinance,  procedures  and  requirements  for the establishment and
   10  mapping of planned  unit  development  zoning  districts.  Planned  unit
   11  development  district  regulations  are intended to provide for residen-
   12  tial, commercial, industrial or other land uses, MIXED-USE AGE-INTEGRAT-
   13  ED HOUSING AS DEFINED IN SECTION EIGHTY-ONE-D OF THIS ARTICLE or  a  mix
   14  thereof, in which economies of scale, creative architectural or planning
   15  concepts  and  open space preservation may be achieved by a developer in
   16  furtherance of the city comprehensive plan and zoning local law or ordi-
   17  nance.
   18    S 7. Paragraph (b) of subdivision 1 of section 261-b of the town  law,
   19  as  added by chapter 629 of the laws of 1991, is amended and a new para-
   20  graph (d) is added to read as follows:
   21    (b) "Community benefits or amenities" shall mean open  space,  housing
   22  for  persons of low or moderate income, HOUSING FOR PERSONS AGE SIXTY OR
   23  OLDER, parks, elder care, day care INCLUDING ADULT  DAY  CARE  or  other
   24  specific  physical, social or cultural amenities, or cash in lieu there-
   25  of, of benefit to the residents of the community authorized by the  town
   26  board.
   27    (D)  "MIXED-USE  AGE-INTEGRATED HOUSING" SHALL MEAN THE DEVELOPMENT OR
   28  REDEVELOPMENT OF SINGLE SITES TO COMBINE RESIDENTIAL  UNITS,  COMMERCIAL
   29  SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
   30  LEAST  THIRTY  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL
   31  BE FOR INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT  LEAST  TEN
   32  PER  CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE AFFORDABLE
   33  TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
   34    S 8. Section 261-c of the town law, as added by  chapter  213  of  the
   35  laws of 2003, is amended to read as follows:
   36    S 261-c. Planned unit development zoning districts. A town legislative
   37  body  is  hereby authorized to enact, as part of its zoning local law or
   38  ordinance, procedures and requirements for the establishment and mapping
   39  of planned unit development zoning districts. Planned  unit  development
   40  district  regulations  are  intended to provide for residential, commer-
   41  cial, industrial or other land uses, MIXED-USE AGE-INTEGRATED HOUSING AS
   42  DEFINED IN SECTION TWO HUNDRED SIXTY-ONE-B OF  THIS  ARTICLE  or  a  mix
   43  thereof, in which economies of scale, creative architectural or planning
   44  concepts  and  open space preservation may be achieved by a developer in
   45  furtherance of the town comprehensive plan and zoning local law or ordi-
   46  nance.
   47    S 9. Subdivision 2 of section 272-a of the  town  law  is  amended  by
   48  adding a new paragraph (d) to read as follows:
   49    (D)  "MIXED-USE  AGE-INTEGRATED HOUSING" SHALL MEAN THE DEVELOPMENT OR
   50  REDEVELOPMENT OF SINGLE SITES TO COMBINE RESIDENTIAL  UNITS,  COMMERCIAL
   51  SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
   52  LEAST  THIRTY  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL
   53  BE FOR INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT  LEAST  TEN
   54  PER  CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE AFFORDABLE
   55  TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
       S. 567                              4
    1    S 10. Paragraph (h) of subdivision 3 of section 272-a of the town law,
    2  as amended by chapter 418 of the laws of 1995, is  amended  to  read  as
    3  follows:
    4    (h)  Existing  housing  resources and future housing needs, including,
    5  BUT NOT LIMITED TO, affordable housing AND HOUSING FOR  SENIOR  CITIZENS
    6  CONSISTENT WITH THE GOAL OF MIXED-USE AGE-INTEGRATED HOUSING.
    7    S 11.  Section 272-a of the town law is amended by adding a new subdi-
    8  vision 13 to read as follows:
    9    13.  MIXED-USE  AGE-INTEGRATED  HOUSING INCENTIVE FUND. IN CASES WHERE
   10  THE TOWN IS APPROVING A SUBDIVISION PLAT OR SITE PLAN FOR FIVE  OR  MORE
   11  RESIDENTIAL  UNITS  OR A MIXED-USE DEVELOPMENT THAT INCORPORATES FIVE OR
   12  MORE RESIDENTIAL UNITS, THE TOWN MAY  ESTABLISH  A  PROGRAM  TO  PROVIDE
   13  DEVELOPERS  WITH INCENTIVES TO DEVELOP MIXED-USE AGE-INTEGRATED HOUSING.
   14  SUCH PROGRAM MAY INCLUDE THE FOLLOWING INCENTIVES, IN  ADDITION  TO  ANY
   15  OTHER  INCENTIVES  ALREADY  PROVIDED  IN  LAW. IN EXCHANGE FOR A DENSITY
   16  INCREASE OF AT LEAST TEN PER CENTUM OVER THE OTHERWISE ALLOWABLE DENSITY
   17  RATIO UNDER THE APPLICABLE ZONING ORDINANCE AND COMPREHENSIVE PLAN AS OF
   18  THE DATE OF APPLICATION BY THE  DEVELOPER,  THE  TOWN  MAY  REQUIRE  THE
   19  DEVELOPER TO PROVIDE THE FOLLOWING:
   20    (A)  THE SET ASIDE OF AT LEAST TEN PER CENTUM OF THE RESIDENTIAL UNITS
   21  REQUESTED IN THE SUBDIVISION PLAT OR SITE PLAN FOR  MIXED-USE  AGE-INTE-
   22  GRATED HOUSING, OR
   23    (B)  UPON  A  FINDING  BY  THE  TOWN  THAT  THE SET ASIDE OF MIXED-USE
   24  AGE-INTEGRATED HOUSING UNITS WOULD HAVE A SPECIFIC ADVERSE  IMPACT  UPON
   25  HEALTH,  SAFETY OR THE ENVIRONMENT FOR WHICH THERE IS NO FEASIBLE METHOD
   26  TO SATISFACTORILY MITIGATE OR AVOID THE  SPECIFIC  ADVERSE  IMPACT,  THE
   27  TOWN  MAY  REQUIRE  THE  DEVELOPER  TO  PAY  A REASONABLE FEE THAT SHALL
   28  CONSTITUTE A TRUST FUND TO BE USED EXCLUSIVELY BY THE TOWN FOR PROVIDING
   29  MIXED-USE AGE-INTEGRATED SERVICES SUCH AS, BUT NOT  LIMITED  TO,  SENIOR
   30  TRANSPORTATION, HOME HEALTH CARE, HOME DELIVERED MEALS, OR RESPITE CARE.
   31  ALL FEES COLLECTED BY THE TOWN AS PROVIDED IN THIS SECTION SHALL BE KEPT
   32  IN  TRUST SEPARATE AND APART FROM ALL OTHER MONEYS. MONEYS IN SUCH TRUST
   33  FUND SHALL BE DEPOSITED AND SECURED IN THE MANNER  PROVIDED  BY  SECTION
   34  TEN  OF  THE GENERAL MUNICIPAL LAW. PENDING EXPENDITURES FROM SUCH TRUST
   35  FUND, MONEYS THEREIN MAY BE INVESTED IN THE MANNER PROVIDED  IN  SECTION
   36  ELEVEN  OF THE GENERAL MUNICIPAL LAW. ANY INTEREST OR CAPITAL GAIN REAL-
   37  IZED ON THE MONEYS SO DEPOSITED OR INVESTED SHALL ACCRUE TO  AND  BECOME
   38  PART OF SUCH TRUST FUND.
   39    PRIOR  TO  OFFERING  THE INCENTIVES INDICATED IN THIS SUBDIVISION, THE
   40  TOWN SHALL ADOPT A LOCAL LAW SPECIFYING HOW  THEY  WILL  IMPLEMENT  THIS
   41  INCENTIVE PROGRAM, INCLUDING PROVISIONS FOR HOW THE DENSITY INCREASE AND
   42  OTHER INCENTIVES WILL BE IMPLEMENTED.
   43    S  12.  Paragraph  b  of subdivision 1 of section 7-703 of the village
   44  law, as added by chapter 629 of the laws of 1991, is amended and  a  new
   45  paragraph d is added to read as follows:
   46    b.  "Community  benefits  or amenities" shall mean open space, housing
   47  for persons of low or moderate income, HOUSING FOR PERSONS AGE SIXTY  OR
   48  OLDER,  parks,  elder  care,  day care INCLUDING ADULT DAY CARE or other
   49  specific physical, social or cultural amenities, or cash in lieu  there-
   50  of,  of  benefit  to  the  residents  of the community authorized by the
   51  village board of trustees.
   52    D. "MIXED-USE AGE-INTEGRATED HOUSING" SHALL MEAN  THE  DEVELOPMENT  OR
   53  REDEVELOPMENT  OF  SINGLE SITES TO COMBINE RESIDENTIAL UNITS, COMMERCIAL
   54  SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION. PROVIDED, HOWEVER,  AT
   55  LEAST  THIRTY  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL
   56  BE FOR INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT  LEAST  TEN
       S. 567                              5
    1  PER  CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE AFFORDABLE
    2  TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
    3    S  13.  Section 7-703-a of the village law, as added by chapter 213 of
    4  the laws of 2003, is amended to read as follows:
    5    S 7-703-a Planned unit development zoning districts. A village  legis-
    6  lative  body  is hereby authorized to enact, as part of its zoning local
    7  law, procedures and requirements for the establishment  and  mapping  of
    8  planned  unit  development  zoning  districts.  Planned unit development
    9  district regulations are intended to provide  for  residential,  commer-
   10  cial, industrial or other land uses, MIXED-USE AGE-INTEGRATED HOUSING AS
   11  DEFINED  IN  SECTION  7-703  OF  THIS ARTICLE or a mix thereof, in which
   12  economies of scale, creative architectural or planning concepts and open
   13  space preservation may be achieved by a developer in furtherance of  the
   14  village comprehensive plan and zoning local law.
   15    S  14. Subdivision 2 of section 7-722 of the village law is amended by
   16  adding a new paragraph (d) to read as follows:
   17    (D) "MIXED-USE AGE-INTEGRATED HOUSING" SHALL MEAN THE  DEVELOPMENT  OR
   18  REDEVELOPMENT  OF  SINGLE SITES TO COMBINE RESIDENTIAL UNITS, COMMERCIAL
   19  SPACE AND/OR SERVICES FOR A MULTI-AGE POPULATION.  PROVIDED, HOWEVER, AT
   20  LEAST THIRTY PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL  UNITS  SHALL
   21  BE  FOR  INDIVIDUALS WHO ARE SIXTY YEARS OF AGE OR OVER AND AT LEAST TEN
   22  PER CENTUM OF THE TOTAL NUMBER OF RESIDENTIAL UNITS SHALL BE  AFFORDABLE
   23  TO INDIVIDUALS AT SIXTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME.
   24    S  15.  Paragraph (h) of subdivision 3 of section 7-722 of the village
   25  law, as amended by chapter 418 of the laws of 1995, is amended  to  read
   26  as follows:
   27    (h)  Existing  housing  resources and future housing needs, including,
   28  BUT NOT LIMITED TO, affordable housing AND HOUSING FOR  SENIOR  CITIZENS
   29  CONSISTENT  WITH  THE  GOAL  OF MIXED-USE AGE-INTEGRATED PROJECTS WITHIN
   30  COMMUNITIES.
   31    S 16. Section 7-722 of the village law is  amended  by  adding  a  new
   32  subdivision 13 to read as follows:
   33    13.  MIXED-USE  AGE-INTEGRATED  HOUSING INCENTIVE FUND. IN CASES WHERE
   34  THE VILLAGE IS APPROVING A SUBDIVISION PLAT OR SITE  PLAN  FOR  FIVE  OR
   35  MORE RESIDENTIAL UNITS OR A MIXED-USE DEVELOPMENT THAT INCORPORATES FIVE
   36  OR  MORE  RESIDENTIAL  UNITS,  THE  VILLAGE  MAY  ESTABLISH A PROGRAM TO
   37  PROVIDE DEVELOPERS WITH INCENTIVES TO DEVELOP  MIXED-USE  AGE-INTEGRATED
   38  HOUSING.  SUCH PROGRAM MAY INCLUDE THE FOLLOWING INCENTIVES, IN ADDITION
   39  TO ANY OTHER INCENTIVES ALREADY PROVIDED  IN  LAW.  IN  EXCHANGE  FOR  A
   40  DENSITY INCREASE OF AT LEAST TEN PER CENTUM OVER THE OTHERWISE ALLOWABLE
   41  DENSITY  RATIO  UNDER  THE APPLICABLE ZONING ORDINANCE AND COMPREHENSIVE
   42  PLAN AS OF THE DATE OF APPLICATION BY THE  DEVELOPER,  THE  VILLAGE  MAY
   43  REQUIRE THE DEVELOPER TO PROVIDE THE FOLLOWING:
   44    (A)  THE SET ASIDE OF AT LEAST TEN PER CENTUM OF THE RESIDENTIAL UNITS
   45  REQUESTED IN THE SUBDIVISION PLAT OR SITE PLAN FOR  MIXED-USE  AGE-INTE-
   46  GRATED HOUSING, OR
   47    (B)  UPON  A  FINDING  BY  THE VILLAGE THAT THE SET ASIDE OF MIXED-USE
   48  AGE-INTEGRATED HOUSING UNITS WOULD HAVE A SPECIFIC ADVERSE  IMPACT  UPON
   49  HEALTH,  SAFETY OR THE ENVIRONMENT FOR WHICH THERE IS NO FEASIBLE METHOD
   50  TO SATISFACTORILY MITIGATE OR AVOID THE  SPECIFIC  ADVERSE  IMPACT,  THE
   51  VILLAGE  MAY  REQUIRE  THE  DEVELOPER TO PAY A REASONABLE FEE THAT SHALL
   52  CONSTITUTE A TRUST FUND TO  BE  USED  EXCLUSIVELY  BY  THE  VILLAGE  FOR
   53  PROVIDING MIXED-USE AGE-INTEGRATED SERVICES SUCH AS, BUT NOT LIMITED TO,
   54  SENIOR  TRANSPORTATION,  HOME  HEALTH  CARE,  HOME  DELIVERED  MEALS, OR
   55  RESPITE CARE. ALL FEES COLLECTED BY THE  VILLAGE  AS  PROVIDED  IN  THIS
   56  SECTION SHALL BE KEPT IN TRUST SEPARATE AND APART FROM ALL OTHER MONEYS.
       S. 567                              6
    1  MONEYS  IN  SUCH TRUST FUND SHALL BE DEPOSITED AND SECURED IN THE MANNER
    2  PROVIDED BY SECTION TEN OF THE GENERAL MUNICIPAL LAW.  PENDING  EXPENDI-
    3  TURES FROM SUCH TRUST FUND, MONEYS THEREIN MAY BE INVESTED IN THE MANNER
    4  PROVIDED IN SECTION ELEVEN OF THE GENERAL MUNICIPAL LAW. ANY INTEREST OR
    5  CAPITAL  GAIN  REALIZED  ON  THE  MONEYS  SO DEPOSITED OR INVESTED SHALL
    6  ACCRUE TO AND BECOME PART OF SUCH TRUST FUND.
    7    PRIOR TO OFFERING THE INCENTIVES INDICATED IN  THIS  SUBDIVISION,  THE
    8  VILLAGE  SHALL ADOPT A LOCAL LAW SPECIFYING HOW THEY WILL IMPLEMENT THIS
    9  INCENTIVE PROGRAM, INCLUDING PROVISIONS FOR HOW THE DENSITY INCREASE AND
   10  OTHER INCENTIVES WILL BE IMPLEMENTED.
   11    S 17. The real property tax law is amended by  adding  a  new  section
   12  421-o to read as follows:
   13    S 421-O. MIXED-USE AGE-INTEGRATED HOUSING EXEMPTION. ANY COUNTY, CITY,
   14  TOWN,  VILLAGE  OR  SCHOOL DISTRICT MAY BY LOCAL LAW OR IN THE CASE OF A
   15  SCHOOL DISTRICT BY RESOLUTION, OTHER THAN A  SCHOOL  DISTRICT  TO  WHICH
   16  ARTICLE  FIFTY-TWO  OF THE EDUCATION LAW APPLIES, AFTER A PUBLIC HEARING
   17  ADOPT THE PROVISIONS OF THIS SECTION  PROVIDING  FOR  AN  EXEMPTION  FOR
   18  SENIOR  CITIZEN  MIXED-USE  AGE-INTEGRATED HOUSING AS DEFINED IN SECTION
   19  TWO HUNDRED SEVENTY-TWO-A OF THE TOWN LAW.
   20    SUCH LOCAL LAW, OR IN THE CASE OF A SCHOOL DISTRICT, SUCH  RESOLUTION,
   21  MAY  PROVIDE  FOR THE EXEMPTIONS APPLICATION TO BE LIMITED TO A SPECIFIC
   22  GEOGRAPHIC AREA OF SUCH COUNTY, CITY, TOWN, VILLAGE OR SCHOOL  DISTRICT.
   23  SUCH  EXEMPTIONS  SHALL BE COMPUTED UPON THE INCREASE IN VALUE ATTRIBUT-
   24  ABLE TO THE NEW CONSTRUCTION, OR IN THE CASE OF RECONSTRUCTION,  TO  THE
   25  INCREASE IN VALUE ATTRIBUTABLE TO SUCH RECONSTRUCTION.
   26    SUCH  MIXED-USE  AGE-INTEGRATED HOUSING EXEMPTION SHALL BE PURSUANT TO
   27  THE FOLLOWING EXEMPTION SCHEDULE:
   28            YEAR OF EXEMPTION             PERCENTAGE OF EXEMPTION
   29                   1                             50
   30                   2                             50
   31                   3                             50
   32                   4                             40
   33                   5                             30
   34                   6                             20
   35                   7                             10
   36                   8                             10
   37                   9                             10
   38                   10                            5
   39    S 18. The state office for the  aging  and  the  department  of  state
   40  shall:
   41    (a)  prepare  or  cause  to  be prepared and made available to cities,
   42  towns and villages model zoning  and  planning  guidelines  that  foster
   43  age-integrated  communities  including provisions to allow for accessory
   44  senior citizen units in areas zoned for single family residences and for
   45  mixed-use development accommodating senior citizen residential  housing;
   46  and
   47    (b) make recommendations, in consultation with the division of housing
   48  and  community  renewal,  to  the governor and legislature for assisting
   49  mixed-use age-integrated housing  development  or  redevelopment  demon-
   50  stration  projects  in urban, suburban and rural areas of the state. The
   51  director of the state office for the aging and the  secretary  of  state
   52  shall establish an advisory committee for purposes of this section. Such
   53  committee  shall  include, but not be limited to, top representatives of
   54  local  government,  senior  citizen  organizations,  developers,  senior
   55  service providers and planners.
       S. 567                              7
    1    S  19.  This  act  shall  take effect on the one hundred eightieth day
    2  after it shall have become a law.
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