Assembly Bill A2700

2009-2010 Legislative Session

Requires applicants seeking land use approval from a municipal corporation to certify compliance with applicable state zoning and building requirements

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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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2009-A2700 (ACTIVE) - Details

See Senate Version of this Bill:
S475
Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add §79, Gen Muni L; amd §§25-0403 & 24-0705, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A368
2013-2014: A516

2009-A2700 (ACTIVE) - Summary

Requires applicants seeking land use approval from a municipal corporation to certify compliance with applicable state zoning and building procedures and requirements.

2009-A2700 (ACTIVE) - Bill Text download pdf

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

                                  2700

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. CUSICK, COLTON, PHEFFER -- read once and referred
  to the Committee on Local Governments

AN  ACT to amend the general municipal law and the environmental conser-
  vation law, in relation to the granting of building permits and zoning
  variances by municipalities

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

  Section  1.  The  general  municipal  law  is  amended by adding a new
section 79 to read as follows:
  S 79. COMPLIANCE WITH STATE  REQUIREMENTS  FOR  BUILDING  AND  ZONING.
NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, ANY APPLICANT SEEKING  LAND  USE  APPROVAL  FROM  A  MUNICIPAL
CORPORATION   OR   SUBSIDIARY   THEREOF   SHALL,  WITH  RESPECT  TO  THE
CONSTRUCTION,  DEVELOPMENT,  PLANNING,  IMPROVEMENT,  RECONSTRUCTION  OR
REHABILITATION OF ANY FACILITY, BUILDING OR ANY OTHER CONSTRUCTION WHICH
IS  LOCATED  OR PROPOSED TO BE LOCATED WITHIN SUCH MUNICIPALITY, CERTIFY
TO SUCH MUNICIPAL CORPORATION THAT SUCH APPLICANT AND  SUCH  APPLICANT'S
PROPOSED  LAND USE ARE IN COMPLIANCE WITH STATE LAWS, RULES, REGULATIONS
AND ORDINANCES AND HAS RECEIVED ANY PERMITS OR LICENSES REQUIRED BY  THE
STATE.
  S  2. Section 25-0403 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
  4. NO LOCAL GOVERNMENT SHALL ISSUE A PERMIT FOR  CONSTRUCTION,  ALTER-
ATION, EXPANSION, OR DEMOLITION OR ANY ZONING VARIANCE UNTIL THE COMMIS-
SIONER  OR  LOCAL  GOVERNMENT HAS DETERMINED THAT THE PROVISIONS OF THIS
ARTICLE HAVE BEEN SATISFIED. IN ADDITION, NO CLAIMS OF HARDSHIP SHALL BE
CONSIDERED IN REGARD TO COMPLIANCE WITH THIS ARTICLE.
  S 3. Section 24-0705 of the environmental conservation law is  amended
by adding a new subdivision 4-a to read as follows:
  4-A. NO LOCAL GOVERNMENT SHALL ISSUE A PERMIT FOR CONSTRUCTION, ALTER-
ATION, EXPANSION, OR DEMOLITION OR ANY ZONING VARIANCE UNTIL THE COMMIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00991-01-9
              

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