N.Y. UDA Law § 16 — New York Code / Act UDA / Section 16
Cooperation with municipalities
Status: in_force

§ 16. Cooperation with municipalities. (1) In effectuating the\npurposes of this act, the corporation and community advisory committees\ncreated pursuant to section four of this act shall work closely, consult\nand cooperate with local elected officials and community leaders at the\nearliest practicable time. The corporation shall give primary\nconsideration to local needs and desires and shall foster local\ninitiative and participation in connection with the planning and\ndevelopment of its projects. Wherever possible, activities of the\ncorporation shall be coordinated with local urban renewal and other\ncommunity projects, and the corporation shall assist localities in\ncarrying out such projects. Consideration shall also be given to local\nand regional goals and policies as expressed in urban renewal, community\nrenewal and local comprehensive land use plans and regional plans.\n  (2) Except with respect to a project consisting in whole or in part of\nreal property acquired by the corporation pursuant to section fourteen\nof this act, before commencing the acquisition, construction,\nreconstruction, rehabilitation, alteration or improvement of any\nproject: (a) upon adoption of the general project plan, the corporation\nshall file a copy of such plan, including the findings required pursuant\nto section ten of this act, in its corporate offices and in the office\nof the clerk of any municipality in which the project is to be located.\nUpon request, any other person shall be furnished with a digest of such\nplan; (b) pursuant to authorization from the chief executive officer of\nthe corporation, which authorization may be given prior to the adoption\nof such plan by the corporation, the corporation shall: (i) publish in\none newspaper of general circulation within the municipality, (ii)\nprovide to the chief executive officer of the municipality within which\nthe project is located, and (iii) in any city having a population of one\nmillion or more, provide to any community board in which the project\nwill be located, a notice that such plan will be filed upon its adoption\nby the corporation and that digests thereof will be available, which\nnotice shall also state that a public hearing will be held to consider\nthe plan at a specified time and place on a date not less than ten days\nafter such publication; (c) the corporation shall conduct a public\nhearing pursuant to such notice, provided that such public hearing shall\nnot take place before the adoption or the filing of such plan by the\ncorporation; (d) upon a written finding of the chief executive officer\nof the corporation that no substantive negative testimony or comment has\nbeen received at such public hearing, such plan shall be effective at\nthe conclusion of such hearing; provided, however, that if any\nsubstantive negative testimony or comment is received at such public\nhearing, the corporation may, after due consideration of such testimony\nand comment, affirm, modify or withdraw the plan in the manner provided\nfor the initial filing of such plan in paragraph (a) of this\nsubdivision.\n  (3) After consultation with local officials, as provided in\nsubdivision one of this section, the corporation and any subsidiary\nthereof shall, in constructing, reconstructing, rehabilitating, altering\nor improving any project, comply with the requirements of local laws,\nordinances, codes, charters or regulations applicable to such\nconstruction, reconstruction, rehabilitation, alteration or improvement,\nprovided however, that when, in the discretion of the corporation, such\ncompliance is not feasible or practicable, the corporation and any\nsubsidiary thereof shall comply with the requirements of the state\nbuilding construction code, formulated by the state building code\ncouncil pursuant to article eighteen of the executive law, applicable to\nsuch construction, reconstruction, rehabilitation, alteration or\nimprovement. In those circumstances where, in the discretion of the\ncorporation, such compliance with local laws, ordinances, codes,\ncharters or regulations is not feasible or practicable, and in the case\nof any project where the corporation intends to acquire real property\npursuant to section thirteen of this act, the requirements of\nsubdivision two of this section shall be complied with; provided,\nhowever, that (a) the corporation shall provide a copy of the plan to\nthe chief executive officer of any municipality within which the project\nis to be located, the chairman of the planning board or commission of\nany such municipality, or if there is no planning board or commission,\nto the presiding officer of the local governing body and in any city\nhaving a population of one million or more, to any community board in\nwhich the project is located, and the public hearing to consider the\nplan required pursuant thereto shall be held on thirty days notice\nfollowing adoption of the plan by the corporation; (b) any person shall\nhave the opportunity to present written comments on the plan within\nthirty days after the public hearing; (c) any municipality within which\nthe project is to be located, by majority vote of its planning board or\ncommission, or in the event there is no planning board or commission, by\nmajority vote of its local governing body, may recommend approval,\ndisapproval or modification of the plan, which recommendation shall be\nsubmitted in writing to the corporation within thirty days after such\nhearing; and (d) after due consideration of such testimony and comments\nand municipal recommendations, if any, the corporation may affirm,\nmodify or withdraw the plan in the manner provided for the initial\nfiling of such plan in paragraph (a) of subdivision two of this section,\nprovided, however that in the event any such municipality has\nrecommended disapproval or modification of the plan, as provided herein,\nthe corporation may affirm the plan only by a vote of two-thirds of the\ndirectors thereof then in office. No municipality shall have power to\nmodify or change the drawings, plans or specifications for the\nconstruction, reconstruction, rehabilitation, alteration or improvement\nof any project of the corporation or of any subsidiary thereof, or the\nconstruction, plumbing, heating, lighting or other mechanical branch of\nwork necessary to complete the work in question, nor to require that any\nperson, firm or corporation employed on any such work shall perform any\nsuch work in any other or different manner than that provided by such\nplans and specifications, nor to require that any such person, firm or\ncorporation obtain any other or additional authority, approval, permit\nor certificate from such municipality in relation to the work being\ndone, and the doing of any such work by any person, firm or corporation\nin accordance with the terms of such drawings, plans, specifications or\ncontracts shall not subject said person, firm or corporation to any\nliability or penalty, civil or criminal, other than as may be stated in\nsuch contracts or incidental to the proper enforcement thereof; nor\nshall any municipality have power to require the corporation or any\nsubsidiary thereof, or lessee therefrom or successor in interest\nthereto, to obtain any other or additional authority, approval, permit,\ncertificate or certificate of occupancy from such municipality as a\ncondition of owning, using, maintaining, operating or occupying any\nproject acquired, constructed, reconstructed, rehabilitated, altered or\nimproved by the corporation or by any subsidiary thereof. The foregoing\nprovisions shall not preclude any municipality from exercising the right\nof inspection for the purpose of requiring compliance by any such\nproject with local requirements for operation and maintenance, affecting\nthe health, safety and welfare of the occupants thereof, provided,\nhowever, that such compliance does not require changes, modifications or\nadditions to the original construction of such project.\n  (4) Each municipality or political subdivision, including but not\nlimited to a county, city, town, village or district, in which any\nproject of the corporation or of any subsidiary thereof is located,\nshall provide for such project, whether then owned by the corporation,\nany subsidiary thereof or any successor in interest thereto, police,\nfire, sanitation, health protection and other municipal services of the\nsame character and to the same extent as those provided for other\nresidents of such municipality or political subdivision.\n  (5) Notwithstanding the provisions of any general, special or local\nlaw or charter, any municipality or any public corporation is hereby\nempowered to purchase or lease for a term not exceeding ninety-nine\nyears a civic project, upon such terms and conditions as may be agreed\nupon by such municipality or such public corporation and the\ncorporation. No agreement for such purchase or lease shall be deemed to\nbe a contract for public work or purchase within the meaning of the\ngeneral municipal law. Nothing contained in this subdivision shall be\ndeemed to amend or supersede any other provision of law requiring a vote\nof the qualified voters of any school district upon a proposed\nexpenditure of funds or incurring of indebtedness by such school\ndistrict.\n  (6) In carrying out any project, the corporation and its subsidiaries\nshall be empowered to enter into contractual agreements with\nmunicipalities and public corporations with respect to the furnishing of\nany community, municipal or public facilities or services necessary or\ndesirable for such project, and any municipality or public corporation\nis hereby authorized and empowered, notwithstanding any other law, to\nenter into such contractual agreements with the corporation and its\nsubsidiaries and to do all things necessary to carry out its obligations\nunder the same.\n