senate Bill S2487

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

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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

  • 17 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT

Summary

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

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Bill Details

See Assembly Version of this Bill:
A516
Versions:
S2487
Legislative Cycle:
2013-2014
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add §79, Gen Muni L; amd §§25-0403 & 24-0705, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A368, A368
2009-2010: A2700, A2700
2007-2008: A2740, A2740

Sponsor Memo

BILL NUMBER:S2487

TITLE OF BILL: An act to amend the general municipal law and the
environmental conservation law, in relation to the granting of
building permits and zoning variances by municipalities

PURPOSE OR GENERAL IDEA OF BILL: This legislation would require
applicants seeking land use approval from a municipal corporation to
certify compliance with applicable state zoning and building
requirements.

SUMMARY OF SPECIFIC PROVISIONS: This legislation amends the General
Municipal Law by adding a new § 79 to provide for compliance with
state laws, rules, regulations and ordinances and has received any
permits or licenses required by the state prior to seeking land use
approval from a municipality.

JUSTIFICATION: Often, applicants go first to their local building
department and get a building or demolition permit and start their
project. Then, when they go before the State for wetlands applications
or Department of Transportation permits or licenses and found not in
compliance, they claim hardship because they have already invested so
much into the project. This legislation would put a stop to this by
requiring that before a municipality can issue a building permit or
zoning variance, the applicant must certify to such municipality that
the applicant has complied with all relevant state permits and
licensing procedures for the premises.

PRIOR LEGISLATIVE HISTORY: 2011-2012: A.368 - Died in Local
Governments; 20092010: A.2654/S.507 Passed Assembly, Remained in
Senate Environmental Conservation; 2007-2008: A.2799/S.3035 Passed
Assembly, Remained in Senate Environmental Conservation; 2005-2006:
A.7461-B/S.5169-B Passed Assembly, Remained in Senate Environmental
Conservation; A. 2004: A.7075-A / S.2990-A - Died in Local
Governments; New legislation for 2003.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law and shall apply to all applications for
land use approval submitted on or after such effective date.

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

                                  2487

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

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

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.
                                                           LBD00781-01-3

S. 2487                             2

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  4.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply  to  all  applications  for  land  use
approval submitted on or after such effective date.

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