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.
STATE OF NEW YORK
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5499--A
2015-2016 Regular Sessions
IN ASSEMBLY
February 24, 2015
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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 § 2. This act shall take effect immediately.
