NY State Assembly Bill 2023-A3026

Assembly Bill A3026

2023-2024 Legislative Session

Relates to providing notice of quorum requirements at zoning board of appeals and planning board meetings

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Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to local governments
Feb 02, 2023	referred to local governments

2023-A3026 (ACTIVE) - Details

Current Committee:: Assembly Local Governments
Law Section:: General City Law
Laws Affected:: Amd §§81-a & 27, Gen City L; amd §§267-a & 271, Town L; amd §§7-712-a & 7-718, Vil L; amd §§239-c & 239-h, Gen Muni L

2023-A3026 (ACTIVE) - Summary

Relates to providing notice of quorum requirements to applicants for building or site permits, variances, or subdivision plats at zoning board of appeals, local planning board, county planning board, and regional planning council meetings.

2023-A3026 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3026
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the general city law, the town law, the village law  and
   the  general  municipal law, in relation to providing notice of quorum
   requirements to applicants for a building or site permit, variance, or
   subdivision plat at zoning board of appeals and planning  board  meet-
   ings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 13 of section 81-a of the general city  law  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  NOTICE  OF QUORUM REQUIREMENTS. AT THE START OF EACH MEETING OF A
 BOARD OF APPEALS AT WHICH THE ADOPTION OF  A  MOTION  OR  RESOLUTION  TO
 APPROVE  AN  APPLICATION  FOR  A  BUILDING  OR SITE PERMIT, VARIANCE, OR
 SUBDIVISION PLAT SHALL BE VOTED UPON PURSUANT TO PARAGRAPH (A)  OF  THIS
 SUBDIVISION,  THE  CHAIRPERSON  OF THE BOARD OF APPEALS SHALL INFORM ANY
 APPLICANT FOR A BUILDING OR SITE PERMIT, VARIANCE, OR  SUBDIVISION  PLAT
 OF THE FOLLOWING:
   (I)  THE  NUMBER OF MEMBERS OF THE BOARD OF APPEALS WHO ARE PRESENT OR
 ABSENT AT SUCH MEETING;
   (II) THE NUMBER OF VOTES OF THE MEMBERS OF THE BOARD  OF  APPEALS  WHO
 ARE  CURRENTLY  PRESENT  AT  SUCH MEETING THAT IS REQUIRED TO APPROVE AN
 APPLICATION FOR A BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (III) THE RIGHT OF SUCH APPLICANT TO TABLE  THEIR  APPLICATION  FOR  A
 BUILDING  OR  SITE  PERMIT, VARIANCE, OR SUBDIVISION PLAT UNTIL A FUTURE
 MEETING OF THE BOARD OF APPEALS IF  SUCH  APPLICANT  BELIEVES  THAT  THE
 NUMBER  OF  MEMBERS OF THE BOARD OF APPEALS WHO ARE PRESENT OR ABSENT AT
 SUCH MEETING WILL  SUBSTANTIALLY  IMPAIR  SUCH  APPLICANT'S  CHANCES  OF
 GETTING  THEIR  APPLICATION  FOR A BUILDING OR SITE PERMIT, VARIANCE, OR
 SUBDIVISION PLAT APPROVED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00247-01-3

 A. 3026                             2
 
   § 2. Subdivision 17 of section 27 of the general city law, as added by
 chapter 662 of the laws of 2002, is amended to read as follows:
   17.  (A) Voting requirements. Every motion or resolution of a planning
 board shall require for its adoption the affirmative vote of a  majority
 of all the members of the planning board. Where an action is the subject
 of a referral to the county planning agency or regional planning council
 the  voting  provisions  of  sections  two hundred thirty-nine-m and two
 hundred thirty-nine-n of the general municipal law shall apply.
   (B) NOTICE OF QUORUM REQUIREMENTS. AT THE START OF EACH MEETING  OF  A
 PLANNING  BOARD  AT  WHICH  THE  ADOPTION  OF  A MOTION OR RESOLUTION TO
 APPROVE AN APPLICATION FOR A  BUILDING  OR  SITE  PERMIT,  VARIANCE,  OR
 SUBDIVISION  PLAT  SHALL BE VOTED UPON PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION, THE CHAIRPERSON OF THE  PLANNING  BOARD  SHALL  INFORM  ANY
 APPLICANT  FOR  A BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT
 OF THE FOLLOWING:
   (I) THE NUMBER OF MEMBERS OF THE PLANNING BOARD  WHO  ARE  PRESENT  OR
 ABSENT AT SUCH MEETING;
   (II)  THE NUMBER OF VOTES OF THE MEMBERS OF THE PLANNING BOARD WHO ARE
 CURRENTLY PRESENT AT SUCH MEETING THAT IS REQUIRED TO APPROVE AN  APPLI-
 CATION  FOR  A  BUILDING  OR  SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (III) THE RIGHT OF SUCH APPLICANT TO TABLE  THEIR  APPLICATION  FOR  A
 BUILDING  OR  SITE  PERMIT, VARIANCE, OR SUBDIVISION PLAT UNTIL A FUTURE
 MEETING OF THE PLANNING BOARD IF SUCH APPLICANT BELIEVES THAT THE NUMBER
 OF MEMBERS OF THE PLANNING BOARD WHO ARE PRESENT OR ABSENT AT SUCH MEET-
 ING WILL SUBSTANTIALLY IMPAIR SUCH APPLICANT'S CHANCES OF GETTING  THEIR
 APPLICATION FOR A BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT
 APPROVED.
   §  3.  Subdivision  13  of section 267-a of the town law is amended by
 adding a new paragraph (c) to read as follows:
   (C) NOTICE OF QUORUM REQUIREMENTS. AT THE START OF EACH MEETING  OF  A
 BOARD  OF  APPEALS  AT  WHICH  THE ADOPTION OF A MOTION OR RESOLUTION TO
 APPROVE AN APPLICATION FOR A  BUILDING  OR  SITE  PERMIT,  VARIANCE,  OR
 SUBDIVISION  PLAT  SHALL BE VOTED UPON PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION, THE CHAIRPERSON OF THE BOARD OF APPEALS  SHALL  INFORM  ANY
 APPLICANT  FOR  A BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT
 OF THE FOLLOWING:
   (I) THE NUMBER OF MEMBERS OF THE BOARD OF APPEALS WHO ARE  PRESENT  OR
 ABSENT AT SUCH MEETING;
   (II)  THE  NUMBER  OF VOTES OF THE MEMBERS OF THE BOARD OF APPEALS WHO
 ARE CURRENTLY PRESENT AT SUCH MEETING THAT IS  REQUIRED  TO  APPROVE  AN
 APPLICATION FOR A BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (III)  THE  RIGHT  OF  SUCH APPLICANT TO TABLE THEIR APPLICATION FOR A
 BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT  UNTIL  A  FUTURE
 MEETING  OF  THE  BOARD  OF  APPEALS IF SUCH APPLICANT BELIEVES THAT THE
 NUMBER OF MEMBERS OF THE BOARD OF APPEALS WHO ARE PRESENT OR  ABSENT  AT
 SUCH  MEETING  WILL  SUBSTANTIALLY  IMPAIR  SUCH  APPLICANT'S CHANCES OF
 GETTING THEIR APPLICATION FOR A BUILDING OR SITE  PERMIT,  VARIANCE,  OR
 SUBDIVISION PLAT APPROVED.
   §  4. Subdivision 16 of section 271 of the town law, as added by chap-
 ter 662 of the laws of 2002, is amended to read as follows:
   16. (A) Voting requirements. Every motion or resolution of a  planning
 board  shall require for its adoption the affirmative vote of a majority
 of all the members of the planning board. Where an action is the subject
 of a referral to the county planning agency or regional planning council
 A. 3026                             3
 
 the voting provisions of sections  two  hundred  thirty-nine-m  and  two
 hundred thirty-nine-n of the general municipal law shall apply.
   (B)  NOTICE  OF QUORUM REQUIREMENTS. AT THE START OF EACH MEETING OF A
 PLANNING BOARD AT WHICH THE  ADOPTION  OF  A  MOTION  OR  RESOLUTION  TO
 APPROVE  AN  APPLICATION  FOR  A  BUILDING  OR SITE PERMIT, VARIANCE, OR
 SUBDIVISION PLAT SHALL BE VOTED UPON PURSUANT TO PARAGRAPH (A)  OF  THIS
 SUBDIVISION,  THE  CHAIRPERSON  OF  THE  PLANNING BOARD SHALL INFORM ANY
 APPLICANT FOR A BUILDING OR SITE PERMIT, VARIANCE, OR  SUBDIVISION  PLAT
 OF THE FOLLOWING:
   (I)  THE  NUMBER  OF  MEMBERS OF THE PLANNING BOARD WHO ARE PRESENT OR
 ABSENT AT SUCH MEETING;
   (II) THE NUMBER OF VOTES OF THE MEMBERS OF THE PLANNING BOARD WHO  ARE
 CURRENTLY  PRESENT AT SUCH MEETING THAT IS REQUIRED TO APPROVE AN APPLI-
 CATION FOR A BUILDING OR SITE  PERMIT,  VARIANCE,  OR  SUBDIVISION  PLAT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (III)  THE  RIGHT  OF  SUCH APPLICANT TO TABLE THEIR APPLICATION FOR A
 BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT  UNTIL  A  FUTURE
 MEETING OF THE PLANNING BOARD IF SUCH APPLICANT BELIEVES THAT THE NUMBER
 OF MEMBERS OF THE PLANNING BOARD WHO ARE PRESENT OR ABSENT AT SUCH MEET-
 ING  WILL SUBSTANTIALLY IMPAIR SUCH APPLICANT'S CHANCES OF GETTING THEIR
 APPLICATION FOR A BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT
 APPROVED.
   § 5. Subdivision 13 of section 7-712-a of the village law  is  amended
 by adding a new paragraph (c) to read as follows:
   (C)  NOTICE  OF QUORUM REQUIREMENTS. AT THE START OF EACH MEETING OF A
 BOARD OF APPEALS AT WHICH THE ADOPTION OF  A  MOTION  OR  RESOLUTION  TO
 APPROVE  AN  APPLICATION  FOR  A  BUILDING  OR SITE PERMIT, VARIANCE, OR
 SUBDIVISION PLAT SHALL BE VOTED UPON PURSUANT TO PARAGRAPH (A)  OF  THIS
 SUBDIVISION,  THE  CHAIRPERSON  OF THE BOARD OF APPEALS SHALL INFORM ANY
 APPLICANT FOR A BUILDING OR SITE PERMIT, VARIANCE, OR  SUBDIVISION  PLAT
 OF THE FOLLOWING:
   (I)  THE  NUMBER OF MEMBERS OF THE BOARD OF APPEALS WHO ARE PRESENT OR
 ABSENT AT SUCH MEETING;
   (II) THE NUMBER OF VOTES OF THE MEMBERS OF THE BOARD  OF  APPEALS  WHO
 ARE  CURRENTLY  PRESENT  AT  SUCH MEETING THAT IS REQUIRED TO APPROVE AN
 APPLICATION FOR A BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (III) THE RIGHT OF SUCH APPLICANT TO TABLE  THEIR  APPLICATION  FOR  A
 BUILDING  OR  SITE  PERMIT, VARIANCE, OR SUBDIVISION PLAT UNTIL A FUTURE
 MEETING OF THE BOARD OF APPEALS IF  SUCH  APPLICANT  BELIEVES  THAT  THE
 NUMBER  OF  MEMBERS OF THE BOARD OF APPEALS WHO ARE PRESENT OR ABSENT AT
 SUCH MEETING WILL  SUBSTANTIALLY  IMPAIR  SUCH  APPLICANT'S  CHANCES  OF
 GETTING  THEIR  APPLICATION  FOR A BUILDING OR SITE PERMIT, VARIANCE, OR
 SUBDIVISION PLAT APPROVED.
   § 6. Subdivision 17 of section 7-718 of the village law, as  added  by
 chapter 662 of the laws of 2002, is amended to read as follows:
   17.  (A) Voting requirements. Every motion or resolution of a planning
 board shall require for its adoption the affirmative vote of a  majority
 of all the members of the planning board. Where an action is the subject
 of a referral to the county planning agency or regional planning council
 the  voting  provisions  of  sections  two hundred thirty-nine-m and two
 hundred thirty-nine-n of the general municipal law shall apply.
   (B) NOTICE OF QUORUM REQUIREMENTS. AT THE START OF EACH MEETING  OF  A
 PLANNING  BOARD  AT  WHICH  THE  ADOPTION  OF  A MOTION OR RESOLUTION TO
 APPROVE AN APPLICATION FOR A  BUILDING  OR  SITE  PERMIT,  VARIANCE,  OR
 SUBDIVISION  PLAT  SHALL BE VOTED UPON PURSUANT TO PARAGRAPH (A) OF THIS
 A. 3026                             4
 
 SUBDIVISION, THE CHAIRPERSON OF THE  PLANNING  BOARD  SHALL  INFORM  ANY
 APPLICANT  FOR  A BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT
 OF THE FOLLOWING:
   (I)  THE  NUMBER  OF  MEMBERS OF THE PLANNING BOARD WHO ARE PRESENT OR
 ABSENT AT SUCH MEETING;
   (II) THE NUMBER OF VOTES OF THE MEMBERS OF THE PLANNING BOARD WHO  ARE
 CURRENTLY  PRESENT AT SUCH MEETING THAT IS REQUIRED TO APPROVE AN APPLI-
 CATION FOR A BUILDING OR SITE  PERMIT,  VARIANCE,  OR  SUBDIVISION  PLAT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (III)  THE  RIGHT  OF  SUCH APPLICANT TO TABLE THEIR APPLICATION FOR A
 BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT  UNTIL  A  FUTURE
 MEETING OF THE PLANNING BOARD IF SUCH APPLICANT BELIEVES THAT THE NUMBER
 OF MEMBERS OF THE PLANNING BOARD WHO ARE PRESENT OR ABSENT AT SUCH MEET-
 ING  WILL SUBSTANTIALLY IMPAIR SUCH APPLICANT'S CHANCES OF GETTING THEIR
 APPLICATION FOR A BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT
 APPROVED.
   § 7. Subdivision 5 of section 239-c of the general municipal  law,  as
 added by chapter 662 of the laws of 2002, is amended to read as follows:
   5.  (A)  Voting  requirements.  Every motion or resolution of a county
 planning board shall require for its adoption the affirmative vote of  a
 majority of all the members of the county planning board.
   (B)  NOTICE  OF QUORUM REQUIREMENTS. AT THE START OF EACH MEETING OF A
 COUNTY PLANNING BOARD AT WHICH THE ADOPTION OF A MOTION OR RESOLUTION TO
 APPROVE AN APPLICATION FOR A  BUILDING  OR  SITE  PERMIT,  VARIANCE,  OR
 SUBDIVISION  PLAT  SHALL BE VOTED UPON PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION, THE CHAIRPERSON OF THE COUNTY PLANNING BOARD  SHALL  INFORM
 ANY  APPLICANT  FOR  A BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION
 PLAT OF THE FOLLOWING:
   (I) THE NUMBER OF MEMBERS OF THE COUNTY PLANNING BOARD WHO ARE PRESENT
 OR ABSENT AT SUCH MEETING;
   (II) THE NUMBER OF VOTES OF THE MEMBERS OF THE COUNTY  PLANNING  BOARD
 WHO ARE CURRENTLY PRESENT AT SUCH MEETING THAT IS REQUIRED TO APPROVE AN
 APPLICATION FOR A BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (III)  THE  RIGHT  OF  SUCH APPLICANT TO TABLE THEIR APPLICATION FOR A
 BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT  UNTIL  A  FUTURE
 MEETING OF THE COUNTY PLANNING BOARD IF SUCH APPLICANT BELIEVES THAT THE
 NUMBER OF MEMBERS OF THE COUNTY PLANNING BOARD WHO ARE PRESENT OR ABSENT
 AT  SUCH  MEETING  WILL SUBSTANTIALLY IMPAIR SUCH APPLICANT'S CHANCES OF
 GETTING THEIR APPLICATION FOR A BUILDING OR SITE  PERMIT,  VARIANCE,  OR
 SUBDIVISION PLAT APPROVED.
   §  8.  Subdivision 6 of section 239-h of the general municipal law, as
 added by chapter 662 of the laws of 2002, is amended to read as follows:
   6. (A) Voting requirements. Every motion or resolution of  a  regional
 planning  council shall require for its adoption the affirmative vote of
 a majority of all the members of the regional planning council.
   (B) NOTICE OF QUORUM REQUIREMENTS. AT THE START OF EACH MEETING  OF  A
 REGIONAL  PLANNING  COUNCIL  AT WHICH THE ADOPTION OF A MOTION OR RESOL-
 UTION TO APPROVE AN APPLICATION FOR A BUILDING OR SITE PERMIT, VARIANCE,
 OR SUBDIVISION PLAT SHALL BE VOTED UPON PURSUANT  TO  PARAGRAPH  (A)  OF
 THIS SUBDIVISION, THE CHAIRPERSON OF THE REGIONAL PLANNING COUNCIL SHALL
 INFORM  ANY APPLICANT FOR A BUILDING OR SITE PERMIT, VARIANCE, OR SUBDI-
 VISION PLAT OF THE FOLLOWING:
   (I) THE NUMBER OF MEMBERS OF THE REGIONAL  PLANNING  COUNCIL  WHO  ARE
 PRESENT OR ABSENT AT SUCH MEETING;
 A. 3026                             5
 
   (II) THE NUMBER OF VOTES OF THE MEMBERS OF THE REGIONAL PLANNING COUN-
 CIL  WHO  ARE  CURRENTLY  PRESENT  AT  SUCH  MEETING THAT IS REQUIRED TO
 APPROVE AN APPLICATION FOR A  BUILDING  OR  SITE  PERMIT,  VARIANCE,  OR
 SUBDIVISION PLAT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (III)  THE  RIGHT  OF  SUCH APPLICANT TO TABLE THEIR APPLICATION FOR A
 BUILDING OR SITE PERMIT, VARIANCE, OR SUBDIVISION PLAT  UNTIL  A  FUTURE
 MEETING OF THE REGIONAL PLANNING COUNCIL IF SUCH APPLICANT BELIEVES THAT
 THE  NUMBER  OF MEMBERS OF THE REGIONAL PLANNING COUNCIL WHO ARE PRESENT
 OR ABSENT AT SUCH MEETING WILL  SUBSTANTIALLY  IMPAIR  SUCH  APPLICANT'S
 CHANCES  OF  GETTING  THEIR  APPLICATION  FOR A BUILDING OR SITE PERMIT,
 VARIANCE, OR SUBDIVISION PLAT APPROVED.
   § 9. This act shall take effect immediately.

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Assembly Bill A3026

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Sponsored By

SANTABARBARA

Current Bill Status - In Assembly Committee

2023-A3026 (ACTIVE) - Details

2023-A3026 (ACTIVE) - Summary

2023-A3026 (ACTIVE) - Bill Text download pdf

Comments