Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 22, 2012 |
referred to local governments |
Assembly Bill A9626
2011-2012 Legislative Session
Sponsored By
THIELE
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
Actions
co-Sponsors
Andrew Raia
Robert Reilly
Daniel P. Losquadro
Michelle Schimel
multi-Sponsors
James F. Brennan
Deborah Glick
Peter Rivera
Claudia Tenney
2011-A9626 (ACTIVE) - Details
2011-A9626 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6789 A. 9626 S E N A T E - A S S E M B L Y March 22, 2012 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. THIELE, RAIA, REILLY, LOSQUADRO -- Multi-Sponsored by -- M. of A. BRENNAN, GLICK, P. RIVERA -- read once and referred to the Committee on Local Governments AN ACT to amend the town law, the village law, and the general city law, in relation to authorizing the enactment of zoning laws and ordinances to regulate formula retail uses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative Findings. The state legislature has delegated to its local governments the authority to enact zoning and land use regulations pursuant to a duly adopted comprehensive plan. It is well established that such regulations may be enacted to promote such valid public purposes as the protection of historic character, community aesthetics, distinctive community character, and the maintenance of diverse and vibrant commercial areas. The legislature finds that these valid public purposes are being threatened in communities across the state by the phenomenon of formula retail businesses which may serve to erode such resources as historic character, aesthetics, unique community character, and commercial diver- sity that create a sameness that destroys community identity. Many communities across the nation have enacted laws to regulate formula retail uses in order to mitigate these adverse impacts. However, in New York, the statutes which delegate zoning and land use authority to local governments are silent with regard to this new threat to commu- nity character. As a result, local governments have been reluctant to enact regulations, fearing the uncertainty and potential litigation that such laws may engender because of the lack of specific authority in the state enabling acts. It is the purpose of this act to clarify that local governments have the authority to adopt comprehensive plans and local laws and ordinances EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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