senate Bill S6625A

Provides that certain zoning ordinances enacted by a town or village shall be deemed to be arbitrary and capricious upon enactment

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Bill Status


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

  • 06 / Mar / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 11 / Apr / 2012
    • AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
  • 11 / Apr / 2012
    • PRINT NUMBER 6625A
  • 19 / Apr / 2012
    • 1ST REPORT CAL.557
  • 25 / Apr / 2012
    • 2ND REPORT CAL.
  • 26 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Provides that certain zoning ordinances enacted by a town, village or city shall be deemed to be arbitrary and capricious upon enactment.

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Bill Details

See Assembly Version of this Bill:
A10306
Versions:
S6625
S6625A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Town Law
Laws Affected:
Amd §261, Town L; amd §7-700, Vil L

Votes

7
0
7
Aye
0
Nay
0
aye with reservations
0
absent
1
excused
0
abstained
show Local Government committee vote details

Sponsor Memo

BILL NUMBER:S6625A REVISED 04/23/12

TITLE OF BILL:
An act to amend the town law and the village law, in relation to the
enactment of certain zoning ordinances

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the enactment of zoning ordinances by towns and villages
that would render a majority of existing residential properties within
the locality non-conforming.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 261 of the town law to add provisions
restricting the enactment of a zoning ordinance by a town that would
increase the minimum lot area, lot frontage, or lot depth within an
existing zone established for residential properties by a factor of two
or greater above the largest existing requirements within an existing
zoning district. It additionally restricts the enactment of a zoning
ordinance that would render more than half of the currently existing
residential properties within a zone non-conforming. Such zoning changes
shall be presumed to be arbitrary and capricious.

Section two amends section 7-700 of the village law to restrict the same
zoning actions by villages.

Section three sets the enacting date.

JUSTIFICATION:
Towns and villages are authorized to create and amend zoning require-
ments for municipal planning purposes. However, extreme changes to local
codes can cause a disproportionate number of existing lots or parcels to
become nonconforming under a newly enacted zoning scheme. In addition,
increased scrutiny is appropriate in the creation of any new zone whose
dimensional requirements are disproportionately larger than currently
existing residential requirements.

This bill is intended to provide a measure of stability to property
owners in the context of significant zoning changes.

This bill would place the burden of proof on the locality making changes
to its zoning code that would radically alter the existing scheme by
presuming such action to be arbitrary and capricious.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 6625--A

                            I N  S E N A T E

                              March 6, 2012
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the town law and the village law,  in  relation  to  the
  enactment of certain zoning ordinances

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

  Section 1. The opening paragraph of section 261 of  the  town  law  is
designated  subdivision  1 and two new subdivisions 2 and 3 are added to
read as follows:
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
ZONING ORDINANCE BY A TOWN THAT CREATES AN INCREASE IN THE  MINIMUM  LOT
AREA, LOT FRONTAGE, OR LOT DEPTH WITHIN AN EXISTING ZONE ESTABLISHED FOR
RESIDENTIAL  PROPERTIES  BY A FACTOR OF TWO OR GREATER ABOVE THE LARGEST
SUCH EXISTING REQUIREMENTS WITHIN THE CURRENT ZONING ORDINANCE  APPLICA-
BLE  TO  RESIDENTIAL PROPERTIES WITHIN SUCH TOWN SHALL BE PRESUMED TO BE
ARBITRARY AND CAPRICIOUS UPON SUCH ENACTMENT.
  3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
ZONING ORDINANCE BY A TOWN THAT RESULTS IN RENDERING GREATER  THAN  HALF
OF THE CURRENTLY EXISTING RESIDENTIAL PROPERTIES WITHIN THE ZONE NONCON-
FORMING  TO  THE  NEWLY ENACTED ZONING ORDINANCE SHALL BE PRESUMED TO BE
ARBITRARY AND CAPRICIOUS UPON ENACTMENT.
  S 2. The opening paragraph of section 7-700  of  the  village  law  is
designated  subdivision  1 and two new subdivisions 2 and 3 are added to
read as follows:
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
ZONING ORDINANCE BY A VILLAGE THAT CREATES AN INCREASE  IN  THE  MINIMUM
LOT AREA, LOT FRONTAGE, OR LOT DEPTH WITHIN AN EXISTING ZONE ESTABLISHED
FOR RESIDENTIAL PROPERTIES BY A FACTOR OF TWO OR GREATER ABOVE THE LARG-
EST  SUCH  EXISTING  REQUIREMENTS  WITHIN  THE  CURRENT ZONING ORDINANCE
APPLICABLE TO  RESIDENTIAL  PROPERTIES  WITHIN  SUCH  VILLAGE  SHALL  BE
PRESUMED TO BE ARBITRARY AND CAPRICIOUS UPON SUCH ENACTMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14886-02-2

S. 6625--A                          2

  3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
ZONING  ORDINANCE  BY  A  VILLAGE THAT RESULTS IN RENDERING GREATER THAN
HALF OF THE CURRENTLY EXISTING RESIDENTIAL PROPERTIES  WITHIN  THE  ZONE
NONCONFORMING TO THE NEWLY ENACTED ZONING ORDINANCE SHALL BE PRESUMED TO
BE ARBITRARY AND CAPRICIOUS UPON ENACTMENT.
  S 3. This act shall take effect immediately.

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