Assembly Bill A5841

2011-2012 Legislative Session

Requires governmental unit which proposes to sponsor a public project within a municipality with zoning to determine whether the project is immune from such zoning

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

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2011-A5841 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add Art 12-B ยง239-n-1, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8350
2013-2014: A1714
2015-2016: A1057
2017-2018: A293

2011-A5841 (ACTIVE) - Summary

Requires a governmental unit which proposes to sponsor a public project within the boundaries of one or more other municipalities with zoning requirements, to consider a variety of factors to determine whether the project is immune from such zoning requirements.

2011-A5841 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5841

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2011
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Local Governments

AN ACT to amend the general municipal law, in relation to the  balancing
  of public interests for governmental projects in municipalities having
  zoning requirements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 12-B of the general municipal  law  is  amended  by
adding a new section 239-n-1 to read as follows:
  S 239-N-1.  BALANCING OF PUBLIC INTERESTS FOR GOVERNMENTAL PROJECTS IN
MUNICIPALITIES  HAVING ZONING REQUIREMENTS. UNLESS OTHERWISE PROVIDED BY
LAW, AN ENCROACHING  GOVERNMENTAL  UNIT  WHICH  PROPOSES  TO  SPONSOR  A
PROJECT  WITHIN THE BOUNDARIES OF ONE OR MORE OTHER MUNICIPALITIES WHICH
HAVE ADOPTED ZONING REQUIREMENTS, SHALL DETERMINE WHETHER THE PROJECT IS
IMMUNE FROM SUCH ZONING,  BASED  UPON  ITS  ANALYSIS  OF  THE  FOLLOWING
FACTORS:
  1.  THE  NATURE AND SCOPE OF THE ENCROACHING GOVERNMENTAL UNIT SEEKING
IMMUNITY;
  2. THE KIND OF FUNCTION OR LAND USE INVOLVED;
  3. THE EXTENT OF THE PUBLIC INTEREST TO BE SERVED THEREBY;
  4. THE EFFECT LOCAL LAND USE REGULATION WOULD HAVE UPON  THE  PROPOSED
PROJECT;
  5. THE IMPACT UPON LEGITIMATE LOCAL INTERESTS;
  6. THE ENCROACHING GOVERNMENTAL UNIT'S LEGISLATIVE GRANT OF AUTHORITY;
  7.  ALTERNATIVE LOCATIONS FOR THE PROPOSED PROJECT IN LESS RESTRICTIVE
ZONING AREAS;
  8. ALTERNATIVE METHODS OF PROVIDING THE NEEDED IMPROVEMENT; AND
  9. INTERGOVERNMENTAL PARTICIPATION IN THE PROJECT DEVELOPMENT  PROCESS
AND AN OPPORTUNITY TO BE HEARD.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09875-01-1

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