Assembly Bill A1057

2015-2016 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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2015-A1057 (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
2011-2012: A5841
2013-2014: A1714
2017-2018: A293

2015-A1057 (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.

2015-A1057 (ACTIVE) - Bill Text download pdf 

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

                                  1057

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. STEC --
  read once and referred to the Committee 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.
                                                           LBD01668-01-5

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