Authorizes the reinstatement of prior approved work permits and waives certain requirements of general city law for homes devastated by Hurricane Sandy in the city of New York.
STATE OF NEW YORK
________________________________________________________________________
4835--B
Cal. No. 258
2013-2014 Regular Sessions
IN ASSEMBLY
February 11, 2013
___________
Introduced by M. of A. GOLDFEDER, MILLER, BRAUNSTEIN, WEPRIN, ORTIZ,
BROOK-KRASNY, TITONE -- Multi-Sponsored by -- M. of A. BRENNAN, RA,
ROZIC, WEINSTEIN -- read once and referred to the Committee on Cities
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- reported and referred to the
Committee on Ways and Means -- reported from committee, advanced to a
third reading, amended and ordered reprinted, retaining its place on
the order of third reading
AN ACT authorizing the reinstatement of prior approved work permits and
waiving the requirements of section 35 and subdivision 2 of section 36
of the general city law as such provisions relate to rebuilding and
repairing homes devastated by Hurricane Sandy in the city of New York;
and providing for the repeal of such provisions upon expiration there-
of
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. The storms, rains and
2 floods of Hurricane Sandy beginning on October 29, 2012 and ending
3 November 3, 2012 catastrophically impacted real property situated in the
4 city of New York. Storm surges in the Breezy Point neighborhood in the
5 borough of Queens severely damaged or destroyed many buildings, followed
6 by a major fire which destroyed additional buildings. Pursuant to the
7 requirements of sections 35 and 36 of the general city law, owners must
8 submit applications to the board of standards and appeals for
9 construction subject to the requirements of these provisions. However,
10 the unprecedented number of applications that could result from this
11 storm might hinder the expeditious repair and reconstruction of build-
12 ings in the area.
13 The legislature finds that it is in the best interests of owners of
14 homes and other buildings in Breezy Point to expedite the rebuilding and
15 repair of such buildings devastated in the wake of Hurricane Sandy
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08512-09-3
A. 4835--B 2
1 through waiver of the requirements of sections 35 and 36 of the general
2 city law.
3 § 2. Definitions. For the purposes of this act, the following terms
4 shall have the following meanings:
5 1. "Hurricane Sandy" shall mean the storms, rains, or floods which
6 occurred within the city of New York during the period beginning on
7 October 29, 2012 and ending November 3, 2012.
8 2. "Board" shall mean the board of standards and appeals established
9 by chapter 27 of the New York city charter.
10 3. "Department" shall mean the department of buildings of the city of
11 New York established by chapter 26 of the New York city charter.
12 4. "Owner" shall mean the owner of any building located in the subject
13 area.
14 5. "Subject area" shall mean block 16350 lot 400, block 16350 lot 300
15 or block 16340 lot 50 in the borough of Queens in the city of New York.
16 6. "Substantial damage" shall have the same meaning as set forth in
17 Appendix G201 of the New York city building code.
18 § 3. Waiver of requirement for board approval to build in the bed of a
19 mapped street. In instances where the owner of a building located in the
20 subject area that suffered substantial damage caused by Hurricane Sandy
21 seeks to rebuild such building in the bed of a mapped street no board
22 approval pursuant to section 35 of the general city law shall be
23 required for the reconstruction of such building, including accompanying
24 proposed alteration and enlargement of such building, provided the
25 following conditions are met:
26 1. the new construction is sprinklered in accordance with the stand-
27 ards of the local building and fire codes; and
28 2. to the extent the mapped street serves as required access pursuant
29 to subdivision 2 of section 36 of the general city law, or to the extent
30 such provision would otherwise require the grant of an appeal by the
31 board, the conditions set forth in section four of this act are met.
32 § 4. Waiver of restriction on issuance of certificate of occupancy
33 without grant of an appeal from the board. (a) In instances where the
34 owner of a building located in the subject area that subsequently
35 suffered substantial damage caused by Hurricane Sandy, no board approval
36 pursuant to subdivision 2 of section 36 of the general city law shall be
37 required for the reconstruction of such building, including accompanying
38 proposed alteration and enlargement of such building, provided that the
39 following conditions are met:
40 1. the new construction is sprinklered in accordance with the stand-
41 ards set forth in the local building and fire codes; and
42 2. the new construction does not increase the degree of horizontal
43 encroachment into the street; or
44 3. where there is increased horizontal encroachment into the street,
45 it is limited to stairs or ramps required for access to the building and
46 deemed necessary to accommodate the elevation of structures to promote
47 flood resistant construction and a letter of no objection is obtained
48 from the fire department of the city of New York.
49 § 5. Applications for construction under the circumstances described
50 in sections three and four of this act shall be filed with the depart-
51 ment within twelve months from the effective date of this act subject to
52 the provisions of articles 104 and 105 of chapter 1 of title 28 of the
53 administrative code of the city of New York pertaining to time limita-
54 tion of applications and expiration or permits.
A. 4835--B 3
1 § 6. This act shall take effect immediately; provided, however that
2 the provisions of this act shall expire and be deemed repealed 1 year
3 after such effective date.
