Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to local government |
Jan 07, 2009 |
referred to local government |
Senate Bill S475
2009-2010 Legislative Session
Sponsored By
(R, C, IP, RFM) 24th Senate District
Archive: Last Bill Status - In Senate Committee Local Government Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S475 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2700
- Current Committee:
- Senate Local Government
- Law Section:
- General Municipal Law
- Laws Affected:
- Add §79, Gen Muni L; amd §§25-0403 & 24-0705, En Con L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A368
2013-2014: A516
2009-S475 (ACTIVE) - Sponsor Memo
BILL NUMBER: S475 TITLE OF BILL : An act to amend the general municipal law and the environmental conservation law, in relation to the granting of building permits and zoning variances by municipalities PURPOSE : This legislation would require applicants seeking land use approval from a municipal corporation to certify compliance with applicable state zoning and building requirements. SUMMARY OF PROVISIONS : This legislation amends the General Municipal Law by adding a new §79, and §§25-0403 and 25-0705 of the Environmental Conservation Law to provide for compliance with state laws, rules, regulations and ordinances and has received any permits or licenses required by the state prior to seeking land use approval from a municipality. JUSTIFICATION : Often, applicants go first to their local building department and get a building or demolition permit and start their project. Then when they go before the State for wetlands applications or the Department of Transportation for permits or licenses, they claim hardship, because they have already invested so much into the project.
2009-S475 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 475 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law and the environmental conser- vation law, in relation to the granting of building permits and zoning variances by municipalities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general municipal law is amended by adding a new section 79 to read as follows: S 79. COMPLIANCE WITH STATE REQUIREMENTS FOR BUILDING AND ZONING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ANY APPLICANT SEEKING LAND USE APPROVAL FROM A MUNICIPAL CORPORATION OR SUBSIDIARY THEREOF SHALL, WITH RESPECT TO THE CONSTRUCTION, DEVELOPMENT, PLANNING, IMPROVEMENT, RECONSTRUCTION OR REHABILITATION OF ANY FACILITY, BUILDING OR ANY OTHER CONSTRUCTION WHICH IS LOCATED OR PROPOSED TO BE LOCATED WITHIN SUCH MUNICIPALITY, CERTIFY TO SUCH MUNICIPAL CORPORATION THAT SUCH APPLICANT AND SUCH APPLICANT'S PROPOSED LAND USE ARE IN COMPLIANCE WITH STATE LAWS, RULES, REGULATIONS AND ORDINANCES AND HAS RECEIVED ANY PERMITS OR LICENSES REQUIRED BY THE STATE. S 2. Section 25-0403 of the environmental conservation law is amended by adding a new subdivision 4 to read as follows: 4. NO LOCAL GOVERNMENT SHALL ISSUE A PERMIT FOR CONSTRUCTION, ALTER- ATION, EXPANSION, OR DEMOLITION OR ANY ZONING VARIANCE UNTIL THE COMMIS- SIONER OR LOCAL GOVERNMENT HAS DETERMINED THAT THE PROVISIONS OF THIS ARTICLE HAVE BEEN SATISFIED. IN ADDITION, NO CLAIMS OF HARDSHIP SHALL BE CONSIDERED IN REGARD TO COMPLIANCE WITH THIS ARTICLE. S 3. Section 24-0705 of the environmental conservation law is amended by adding a new subdivision 4-a to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00991-01-9
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