Bill Text: NY S02297 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires that before a certificate of occupancy can be issued for a building located in a development in a city having a population of one million or more, present law respecting mapped street improvement and access thereto be complied with, or city planning commission must have certified, pursuant to requirements of a special purpose district set forth in city's zoning resolution, that development complies with a satisfactory plan of traffic control and vehicular access, and abutting street improvement satisfactory to department of transportation of the city.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CITIES [S02297 Detail]
Download: New_York-2011-S02297-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2297
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the general city law, in relation to requiring in a city
having a population of one million or more, that building developments
either comply with present law respecting abutting mapped street
access or, pursuant to requirements of a special purpose district set
forth in zoning resolution, comply with satisfactory traffic control
and street improvement plans providing vehicular access
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 2 of section 36 of the general city law, as
2 amended by chapter 815 of the laws of 1984, is amended to read as
3 follows:
4 2. A city having a population of one million or more. No public munic-
5 ipal street utility or improvement shall be constructed by any city
6 having a population of one million or more in any street or highway
7 until it has become a public street or highway and is duly placed on the
8 official map or plan, with the exception that a city may construct
9 improvements and provide services to any public way (mapped or unmapped)
10 if the public way has been open and in use to the public for a minimum
11 of ten years. The existence of the public way must be attested to by
12 documents satisfactory to the municipality, such as reports of city
13 agencies providing municipal services. No certificate of occupancy shall
14 be issued in such city for any building unless a street or highway
15 giving access to such structure has been duly placed on the official map
16 or plan, which street or highway, and any other mapped street or highway
17 abutting such building or structure shall have been suitably improved to
18 the satisfaction of the department of transportation of the city in
19 accordance with standards and specifications approved by such department
20 as adequate in respect to the public health, safety and general welfare
21 for the special circumstances of the particular street or highway, OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07395-01-1
S. 2297 2
1 UNLESS THE CITY PLANNING COMMISSION OF SUCH CITY, PURSUANT TO THE
2 REQUIREMENTS OF A SPECIAL PURPOSE DISTRICT SET FORTH IN SUCH CITY'S
3 ZONING RESOLUTION, SHALL HAVE CERTIFIED THAT THE BUILDING IS LOCATED IN
4 A DEVELOPMENT WHICH COMPLIES WITH A PLAN THAT (A) PROVIDES FOR VEHICULAR
5 ACCESS AND EGRESS FOR EMERGENCY AND OTHER VEHICULAR TRAFFIC TO THE
6 DEVELOPMENT ARRANGED SO THAT SUCH ACCESS AND EGRESS AFFORDS THE BEST
7 MEANS OF CONTROLLING THE FLOW OF TRAFFIC GENERATED BY SUCH DEVELOPMENT
8 AND (B) PROVIDES THE BUILDING WITH DIRECT OR INDIRECT ACCESS TO A STREET
9 OR HIGHWAY DULY PLACED ON THE OFFICIAL MAP OR PLAN, WHICH STREET OR
10 HIGHWAY, AND ANY OTHER STREET OR HIGHWAY ABUTTING SUCH BUILDING OR
11 STRUCTURE SHALL HAVE BEEN IMPROVED TO THE SATISFACTION OF THE DEPARTMENT
12 OF TRANSPORTATION OF THE CITY AS SET FORTH ABOVE IN THIS SECTION, or,
13 alternately, unless the owner has furnished to the department of trans-
14 portation of such city a performance bond naming the city as obligee,
15 approved by such department, to the full cost of such improvement as
16 estimated by such department, or other security approved by such depart-
17 ment, that such improvement will be completed within the time specified
18 by such department. If such improvement has not been installed within
19 the time specified by such department, such department may declare such
20 performance bond or other security to be in default and shall collect,
21 in the name of the city, the sum remaining payable thereunder. Upon
22 receipt of the proceeds thereof, the city shall install such improve-
23 ment. If the cost of such improvement exceeds the sum remaining payable
24 under such bond or other security, the owner shall be liable for and
25 shall pay to the city, the amount of such excess. Where the enforcement
26 of the provisions of this section would entail practical difficulty or
27 unnecessary hardship, and where the circumstances of the case do not
28 require the structure to be related to existing or proposed streets or
29 highways, the applicant for such a certificate of occupancy may appeal
30 from the decision of the administrative officer having charge of the
31 issuance of certificates of occupancy to the board of standards and
32 appeals or other similar board of such city having power to make vari-
33 ances or exceptions in zoning regulations, and the same provisions are
34 hereby applied to such appeals and to such board as are provided in
35 cases of appeals on zoning regulations. The board may in passing on such
36 appeal make any reasonable exception and issue the certificate of occu-
37 pancy subject to conditions that will protect any future street or high-
38 way layout. Any such decision shall be subject to review under the
39 provisions of article seventy-eight of the civil practice law and rules.
40 No permit shall be granted for the erection of any building or structure
41 in such city unless the owner has furnished to the commissioner of
42 transportation of such city a policy of liability insurance, marked
43 paid, in such amounts as may be fixed by such department, insuring,
44 indemnifying and saving the city harmless from any claims, suits,
45 demands, causes of action and judgments by reason of personal injuries
46 sustained by any person or persons, including death, and from any
47 claims, suits, demands, causes of action and judgments for damages to
48 property, occurring on any such street or highway giving access to or
49 abutting such structure, up to the date of the issuance of the certif-
50 icate of occupancy or up to the date of the completion of the improve-
51 ment of such street or highway as required by or pursuant to this
52 section, whichever is later. In the event that the owner is covered by
53 such a policy of liability insurance, the department of transportation
54 may accept a certificate of endorsement extending such policy to include
55 and cover the city. Every permit issued for the erection of any such
56 building or structure shall contain a statement that no certificate of
S. 2297 3
1 occupancy will be issued with respect to such building or structure
2 unless a street or highway giving access to such structure has been duly
3 placed on the official map or plan, which street or highway and any
4 other mapped street or highway abutting such building or structure shall
5 have been suitably improved to the satisfaction of the department of
6 transportation of the city in accordance with standards and specifica-
7 tions approved by such department as adequate in respect to the public
8 health, safety and general welfare for the special circumstances of the
9 particular street or highway or, alternately, unless the owner has
10 furnished to the department of transportation a performance bond naming
11 the city as obligee, approved by such department, sufficient to cover
12 the full cost of such improvement as estimated by such department, or
13 other security approved by such department, that such improvement will
14 be completed within the time specified by such department.
15 S 2. This act shall take effect immediately.
