Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to local government |
Jan 07, 2015 |
referred to local government |
Senate Bill S328
2015-2016 Legislative Session
Sponsored By
(R) 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
co-Sponsors
(D, WF) 47th Senate District
2015-S328 (ACTIVE) - Details
2015-S328 (ACTIVE) - Sponsor Memo
BILL NUMBER: S328 TITLE OF BILL : 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 PURPOSE : This legislation would make it clear that local governments have the authority under New York State law to enact regulations to address the issue of formula retail uses. SUMMARY OF PROVISIONS : Section 1. Legislative finding. Section 2, 3 and 4. The town law, the village law and the general city law, respectively, are amended to define the term "formula retail use" as a retail sales establishment which, along with ten or more other retail sales establishments located in the United States, maintains two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, a uniform apparel, standardized signage, a trademark or a service mark. Provides that zoning regulations may include the regulation, restriction or prohibition of formula retail uses where enacted pursuant to a comprehensive plan and a valid public purpose. Section 5. Effective date. JUSTIFICATION : This legislation defines the term "formula retail
2015-S328 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 328 A. 149 2015-2016 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 7, 2015 ___________ 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, SCHIMEL -- Multi- Sponsored by -- M. of A. BRENNAN, GLICK, TENNEY -- 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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