senate Bill S4226

Signed by Governor

Authorizes city and village planning boards to grant more than 2 extensions of conditional approval of final plats

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 24 / Mar / 2011
    • REFERRED TO CITIES
  • 05 / Apr / 2011
    • 1ST REPORT CAL.313
  • 06 / Apr / 2011
    • 2ND REPORT CAL.
  • 11 / Apr / 2011
    • ADVANCED TO THIRD READING
  • 09 / May / 2011
    • PASSED SENATE
  • 09 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 09 / May / 2011
    • REFERRED TO CITIES
  • 14 / Jun / 2011
    • SUBSTITUTED FOR A7654
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.144
  • 14 / Jun / 2011
    • PASSED ASSEMBLY
  • 14 / Jun / 2011
    • RETURNED TO SENATE
  • 12 / Sep / 2011
    • DELIVERED TO GOVERNOR
  • 23 / Sep / 2011
    • SIGNED CHAP.561

Summary

Authorizes city and village planning boards to grant more than 2 extensions of conditional approval of final plats if warranted by the particular circumstances.

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Bill Details

See Assembly Version of this Bill:
A7654
Versions:
S4226
Legislative Cycle:
2011-2012
Law Section:
General City Law
Laws Affected:
Amd §32, Gen City L; amd §7-728, Vil L

Sponsor Memo

BILL NUMBER:S4226

TITLE OF BILL:
An act
to amend the general city law and the village law, in relation to
conditional approval of final plats

PURPOSE:
To authorize city and village planning boards to extend conditional
approval of a final plat if such extension is warranted by the
particular circumstances.

SUMMARY OF PROVISIONS:
Section 1 amends General City Law §32-7(c) to permit the city planning
board to extend conditional approval of a final plat for periods of
ninety days if such extension is warranted by the particular
circumstances.

Section 2 amends Village Law §7-728-7(c) to permit the village
planning board to extend conditional approval of a final plat for
periods of ninety days if such extension is warranted by the
particular circumstances.

Section 3 sets forth the immediate effective date.

JUSTIFICATION:
Under current law, conditional approval of the final plat expires
after 180 days, with a maximum of two (2) ninety day extensions. This
bill would simply give the planning board the discretion, upon a
determination that it is warranted, to extend the duration of the
conditional approval of the final plat. The current economic climate,
combined with the difficulty in obtaining project financing in many
cases, argues for giving the planning board the discretion to extend
conditional approval of the final plat. There are already significant
hurdles and expenses generated in residential development which
should not be compounded because of a time limitation that would
effectively terminate a project.

The municipality has made a significant investment in reviewing the
project and generating the conditions required for approval of the
plat. If additional time is required with no negative consequences to
the municipality, the planning board should have the appropriate
discretion.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act would take effect immediately.

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

                                  4226

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 24, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the general city law and the village law, in relation to
  conditional approval of final plats

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

  Section 1. Paragraph (c) of subdivision 7 of section 32 of the general
city  law,  as  added  by chapter 423 of the laws of 1995, is amended to
read as follows:
  (c) Duration  of  conditional  approval  of  final  plat.  Conditional
approval  of  the final plat shall expire within one hundred eighty days
after the resolution granting  such  approval  unless  all  requirements
stated in such resolution have been certified as completed. The planning
board may extend [by not more than two additional] FOR periods of ninety
days  each  the  time  in  which  a  conditionally approved plat must be
submitted for signature if, in the planning board's opinion, such exten-
sion is warranted by the particular circumstances.
  S 2. Paragraph (c) of subdivision 7 of section 7-728  of  the  village
law,  as  amended by chapter 486 of the laws of 1994, is amended to read
as follows:
  (c) Duration  of  conditional  approval  of  final  plat.  Conditional
approval  of  the final plat shall expire within one hundred eighty days
after the resolution granting  such  approval  unless  all  requirements
stated in such resolution have been certified as completed. The planning
board may extend [by not more than two additional] FOR periods of ninety
days  each  the  time  in  which  a  conditionally approved plat must be
submitted for signature if, in the planning board's opinion, such exten-
sion is warranted by the particular circumstances.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10095-01-1

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