An applicant who proposes to develop land utilizing a qualified and verified Apprentice Program shall be eligible for an expedited review of the permit application before the Department of Engineering Services. An applicant otherwise required under §
87-55.1 to provide an Apprenticeship Program, shall be eligible for the incentive so long as the applicant complies with all of the provisions of this article.
An application for the incentive shall be filed
at the time an application for a permit or other approval is submitted
for review to the Department of Engineering Services, and shall contain
the following:
A. Documentation demonstrating that any general contractor,
contractor or subcontractor for such project, has apprenticeship agreements
appropriate for the type and scope of work to be performed, which
have been registered with, and approved by, the New York State Commissioner
of Labor in accordance with Article 23 of the New York Labor Law.
B. A sworn statement acknowledging the duties and obligations
assumed by the applicant in exchange for the incentives and penalties
for violating the terms of the grant. Such statement shall include
the applicant's assumption of the following responsibilities and duties:
(1) The applicant shall be responsible to provide copies
of this article and section of the code to any succeeding property
owners, their servants, heirs, agents, assigns, employees, contractees,
tenants, contractors, subcontractors and any and all persons or corporate
entities acting on their behalf on the application.
(2) The applicant assumes the responsibility of notifying
the department of any sale, transfer, assignment of the property or
development project no later than one (1) week after such occurrence.
Such notification shall include the successive owner(s), operator(s),
or other assignees' sworn statement and documentation of compliance
with all of the requirements of the Apprenticeship Program Incentive
Grant stated herein.
(3) By accepting and utilizing the grant of an Apprenticeship
Program Incentive, the applicant waives the right to assert entitlement
to any vested right associated with the issuance of building permits,
certificates of occupancy, site plan approval, or Zoning Board of
Appeals grants, that may otherwise be available under applicable law.
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(C)
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Any other document requested by the Department.
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Within seven (7) business days of receipt of
a complete Apprenticeship Program Incentive application, the receiving
department shall notify the applicant whether the Apprenticeship Program
Incentive is granted or denied.
A. Approved Apprenticeship Program Incentive Applications.
Applications that are granted the incentive shall be notified in writing
and shall be reviewed and processed before any other applications
previously filed with the receiving department.
B. Denied Apprenticeship Program Incentive Applications.
Applicant proposals, which are denied the incentive, shall be notified
in writing. The associated application shall be considered in the
order of all other applications not qualified for the incentive.
C. Random Verification. All Apprenticeship Program Incentive
projects that have been granted the incentive shall be subject to
random verification by the department. Such verification may include
but not be limited to: updated documentation of the Apprenticeship
program and on-site inspections to ensure continuous provision of
the approved Apprenticeship Program.
If the application for expedited review is denied
or revoked once granted, the applicant may appeal by filing a signed
and notarized statement containing the facts on which the appeal is
based, accompanied by the sum of one hundred ($100) dollars to cover
the cost of the hearing and of processing the appeal. At the hearing
before the Hearing Officer the applicant shall be entitled to be represented
by legal counsel and provided with an opportunity to be heard. The
applicant may present such competent and material testimony or other
evidence in his own behalf as may be relevant to the subject matter
of the hearing. The Hearing Officer shall file his/her written findings
no later than thirty (30) days from the close of the hearing.