STATE OF NEW YORK
________________________________________________________________________
S. 2008 A. 1891
2013-2014 Regular Sessions
SENATE - ASSEMBLY(Prefiled)
January 9, 2013
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Local Governments
AN ACT to amend the town law, the village law and the general city law,
in relation to zoning provisions for temporary family health care
structures
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The town law is amended by adding a new section 274-c to
2 read as follows:
3 § 274-c. Zoning provisions for temporary family health care struc-
4 tures. 1. For purposes of this section:
5 (a) "Caregiver" means an adult who provides care for a mentally disa-
6 bled or physically impaired person within the state. A caregiver shall
7 be either related by blood, marriage, or adoption to or the legally
8 appointed guardian of the mentally disabled or physically impaired
9 person for whom he or she is caring.
10 (b) "Physically impaired person" means a person who is a resident of
11 the state and who requires assistance with two or more activities of
12 daily living as certified in a statement of a physician duly licensed to
13 practice medicine.
14 (c) "Mentally disabled person" means a person with a mental illness,
15 mental retardation, developmental disability, alcoholism, substance
16 dependence, or chemical dependence as defined in subdivision three of
17 section 1.03 of the mental hygiene law.
18 (d) "Temporary family health care structure" means a transportable
19 residential structure, providing an environment facilitating a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01866-01-3
S. 2008 2 A. 1891
1 caregiver's provision of care for a mentally disabled or physically
2 impaired person, that (i) is primarily assembled at a location other
3 than its site of installation, (ii) is limited to one occupant who shall
4 be the mentally disabled or physically impaired person, (iii) has no
5 more than three hundred gross square feet, and (iv) complies with appli-
6 cable provisions of section one hundred thirty of this chapter. Placing
7 the temporary family health care structure on a permanent foundation
8 shall not be required or permitted.
9 2. Zoning ordinances for all purposes shall consider temporary family
10 health care structures for use by a caregiver in providing care for a
11 mentally disabled or physically impaired person and on property owned or
12 occupied by the caregiver as his or her residence as a permitted acces-
13 sory for use in any single-family residential zoning district on lots
14 zoned for single-family detached dwellings. Such structures shall not
15 require a special use permit or be subjected to any other local require-
16 ments beyond those imposed upon other authorized accessory structures,
17 except as otherwise provided in this section. Such structures shall
18 comply with all setback requirements that apply to the primary structure
19 and with any maximum floor area ration limitations that may apply to the
20 primary structure. Only one family health care structure shall be
21 allowed on a lot or parcel of land.
22 3. Any person proposing to install a temporary family health care
23 structure shall first obtain a permit from the planning board or such
24 other administrative body, for which the locality may charge a uniform
25 fee of up to one hundred dollars. The locality may not withhold such
26 permit if the applicant provides sufficient proof of compliance with
27 this section. The locality may require that the applicant provide
28 evidence of compliance with this section on an annual basis as long as
29 the temporary family health care structure remains on the property. Such
30 evidence may involve the inspection by the locality of the temporary
31 family health care structure at reasonable times convenient to the care-
32 giver, not limited to any annual compliance confirmation.
33 4. Any temporary family health care structure installed pursuant to
34 this section may be required to connect to any water, sewer, and elec-
35 tric utilities that are serving the primary residence on the property
36 and shall comply with all applicable requirements of section one hundred
37 thirty of this chapter.
38 5. No signage advertising or otherwise promoting the existence of the
39 structure shall be permitted either on the exterior of the temporary
40 family health care structure or elsewhere on the property.
41 6. Any temporary family health care structure installed pursuant to
42 this section shall be removed within thirty days after the mentally
43 disabled or physically impaired person is no longer receiving or is no
44 longer in need of the assistance provided for in this section.
45 7. The planning board or other such administrative body may revoke the
46 permit granted pursuant to subdivision three of this section if the
47 permit holder violates any provision of this section. Additionally, the
48 local governing body may seek injunctive relief or other appropriate
49 actions or proceedings to ensure compliance with this section. The
50 planning board or other such administrative body is vested with all
51 necessary authority on behalf of the governing body of the locality to
52 ensure compliance with this section.
53 § 2. The village law is amended by adding a new section 7-725-c to
54 read as follows:
55 § 7-725-c Zoning provisions for temporary family health care struc-
56 tures. 1. For purposes of this section:
S. 2008 3 A. 1891
1 (a) "Caregiver" means an adult who provides care for a mentally disa-
2 bled or physically impaired person within the state. A caregiver shall
3 be either related by blood, marriage, or adoption to or the legally
4 appointed guardian of the mentally disabled or physically impaired
5 person for whom he or she is caring.
6 (b) "Physically impaired person" means a person who is a resident of
7 the state and who requires assistance with two or more activities of
8 daily living as certified in a statement of a physician duly licensed to
9 practice medicine.
10 (c) "Mentally disabled person" means a person with a mental illness,
11 mental retardation, developmental disability, alcoholism, substance
12 dependence, or chemical dependence as defined in subdivision three of
13 section 1.03 of the mental hygiene law.
14 (d) "Temporary family health care structure" means a transportable
15 residential structure, providing an environment facilitating a
16 caregiver's provision of care for a mentally disabled or physically
17 impaired person, that (i) is primarily assembled at a location other
18 than its site of installation, (ii) is limited to one occupant who shall
19 be the mentally disabled or physically impaired person, (iii) has no
20 more than three hundred gross square feet, and (iv) complies with appli-
21 cable provisions of section 7-700 of this article. Placing the temporary
22 family health care structure on a permanent foundation shall not be
23 required or permitted.
24 2. Zoning ordinances for all purposes shall consider temporary family
25 health care structures for use by a caregiver in providing care for a
26 mentally disabled or physically impaired person and on property owned or
27 occupied by the caregiver as his or her residence as a permitted acces-
28 sory for use in any single-family residential zoning district on lots
29 zoned for single-family detached dwellings. Such structures shall not
30 require a special use permit or be subjected to any other local require-
31 ments beyond those imposed upon other authorized accessory structures,
32 except as otherwise provided in this section. Such structures shall
33 comply with all setback requirements that apply to the primary structure
34 and with any maximum floor area ration limitations that may apply to the
35 primary structure. Only one family health care structure shall be
36 allowed on a lot or parcel of land.
37 3. Any person proposing to install a temporary family health care
38 structure shall first obtain a permit from the planning board or such
39 other administrative body, for which the locality may charge a uniform
40 fee of up to one hundred dollars. The locality may not withhold such
41 permit if the applicant provides sufficient proof of compliance with
42 this section. The locality may require that the applicant provide
43 evidence of compliance with this section on an annual basis as long as
44 the temporary family health care structure remains on the property. Such
45 evidence may involve the inspection by the locality of the temporary
46 family health care structure at reasonable times convenient to the care-
47 giver, not limited to any annual compliance confirmation.
48 4. Any temporary family health care structure installed pursuant to
49 this section may be required to connect to any water, sewer, and elec-
50 tric utilities that are serving the primary residence on the property
51 and shall comply with all applicable requirements of sections 11-1112
52 and 14-1438 of this chapter.
53 5. No signage advertising or otherwise promoting the existence of the
54 structure shall be permitted either on the exterior of the temporary
55 family health care structure or elsewhere on the property.
S. 2008 4 A. 1891
1 6. Any temporary family health care structure installed pursuant to
2 this section shall be removed within thirty days after the mentally
3 disabled or physically impaired person is no longer receiving or is no
4 longer in need of the assistance provided for in this section.
5 7. The planning board or other such administrative body may revoke the
6 permit granted pursuant to subdivision three of this section if the
7 permit holder violates any provision of this section. Additionally, the
8 local governing body may seek injunctive relief or other appropriate
9 actions or proceedings to ensure compliance with this section. The
10 planning board or other such administrative body is vested with all
11 necessary authority on behalf of the governing body of the locality to
12 ensure compliance with this section.
13 § 3. The general city law is amended by adding a new section 82 to
14 read as follows:
15 § 82. Zoning provisions for temporary family health care structures.
16 1. For purposes of this section:
17 (a) "Caregiver" means an adult who provides care for a mentally disa-
18 bled or physically impaired person within the state. A caregiver shall
19 be either related by blood, marriage, or adoption to or the legally
20 appointed guardian of the mentally disabled or physically impaired
21 person for whom he or she is caring.
22 (b) "Physically impaired person" means a person who is a resident of
23 the state and who requires assistance with two or more activities of
24 daily living as certified in a statement of a physician duly licensed to
25 practice medicine.
26 (c) "Mentally disabled person" means a person with a mental illness,
27 mental retardation, developmental disability, alcoholism, substance
28 dependence, or chemical dependence as defined in subdivision three of
29 section 1.03 of the mental hygiene law.
30 (d) "Temporary family health care structure" means a transportable
31 residential structure, providing an environment facilitating a
32 caregiver's provision of care for a mentally disabled or physically
33 impaired person, that (i) is primarily assembled at a location other
34 than its site of installation, (ii) is limited to one occupant who shall
35 be the mentally disabled or physically impaired person, (iii) has no
36 more than three hundred gross square feet, and (iv) complies with appli-
37 cable provisions of subdivisions twenty-four and twenty-five of section
38 twenty of this chapter. Placing the temporary family health care struc-
39 ture on a permanent foundation shall not be required or permitted.
40 2. Zoning ordinances for all purposes shall consider temporary family
41 health care structures for use by a caregiver in providing care for a
42 mentally disabled or physically impaired person and on property owned or
43 occupied by the caregiver as his or her residence as a permitted acces-
44 sory for use in any single-family residential zoning district on lots
45 zoned for single-family detached dwellings. Such structures shall not
46 require a special use permit or be subjected to any other local require-
47 ments beyond those imposed upon other authorized accessory structures,
48 except as otherwise provided in this section. Such structures shall
49 comply with all setback requirements that apply to the primary structure
50 and with any maximum floor area ration limitations that may apply to the
51 primary structure. Only one family health care structure shall be
52 allowed on a lot or parcel of land.
53 3. Any person proposing to install a temporary family health care
54 structure shall first obtain a permit from the planning board or such
55 other administrative body, for which the locality may charge a uniform
56 fee of up to one hundred dollars. The locality may not withhold such
S. 2008 5 A. 1891
1 permit if the applicant provides sufficient proof of compliance with
2 this section. The locality may require that the applicant provide
3 evidence of compliance with this section on an annual basis as long as
4 the temporary family health care structure remains on the property. Such
5 evidence may involve the inspection by the locality of the temporary
6 family health care structure at reasonable times convenient to the care-
7 giver, not limited to any annual compliance confirmation.
8 4. Any temporary family health care structure installed pursuant to
9 this section may be required to connect to any water, sewer, and elec-
10 tric utilities that are serving the primary residence on the property
11 and shall comply with all applicable requirements of sections twenty and
12 fifty-three of this chapter.
13 5. No signage advertising or otherwise promoting the existence of the
14 structure shall be permitted either on the exterior of the temporary
15 family health care structure or elsewhere on the property.
16 6. Any temporary family health care structure installed pursuant to
17 this section shall be removed within thirty days after the mentally
18 disabled or physically impaired person is no longer receiving or is no
19 longer in need of the assistance provided for in this section.
20 7. The planning board or other such administrative body may revoke the
21 permit granted pursuant to subdivision three of this section if the
22 permit holder violates any provision of this section. Additionally, the
23 local governing body may seek injunctive relief or other appropriate
24 actions or proceedings to ensure compliance with this section. The
25 planning board or other such administrative body is vested with all
26 necessary authority on behalf of the governing body of the locality to
27 ensure compliance with this section.
28 § 4. This act shall take effect immediately.
