Assembly Bill A695

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

                                 695--A
                                                          Cal. No. 4

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. HOYT, McENENY, CANESTRARI, GLICK, BOYLAND, LUPAR-
  DO  --  Multi-Sponsored by -- M. of A. ABBATE, CAHILL, DelMONTE, GOTT-
  FRIED, MILLMAN,  PHEFFER,  J. RIVERA,  WEISENBERG  --  read  once  and
  referred  to  the Committee on Tourism, Arts and Sports Development --
  passed by Assembly and delivered to  the  Senate,  recalled  from  the
  Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
  its place on the order of third reading

AN ACT to amend the general municipal law,  in  relation  to  protecting
  historic  districts  and  landmarks  from substantial deterioration by
  neglect

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

  Section  1.  Section  96-a  of  the general municipal law, as added by
chapter 513 of the laws of 1968, is amended to read as follows:
  S 96-a. Protection of historical places, buildings and works  of  art.
In  addition  to  any  power  or authority of a municipal corporation to
regulate by planning or zoning laws and regulations or by local laws and
regulations, the governing board or local legislative body of any  coun-
ty,  city,  town  or  village  is  empowered  to provide by regulations,
special conditions and restrictions  for  the  protection,  enhancement,
perpetuation and use of places, districts, sites, buildings, structures,
works  of  art,  and other objects having a special character or special
historical or aesthetic interest or value.   SUCH  REGULATIONS,  SPECIAL
CONDITIONS AND RESTRICTIONS MAY PROHIBIT IMPROPER MAINTENANCE OR LACK OF
MAINTENANCE  WHICH  RESULTS  IN  SUBSTANTIAL DETERIORATION AS DEFINED IN
SECTION ONE HUNDRED  NINETEEN-B  OF  THIS  CHAPTER  THAT  THREATENS  THE
AESTHETIC  OR HISTORICAL VALUE, STABILITY AND PRESERVATION OF SUCH PLAC-
ES, DISTRICTS, SITES, BUILDINGS, STRUCTURES, WORKS OF ART AND OTHER SUCH
OBJECTS OF INTEREST OR VALUE. Such regulations, special  conditions  and
restrictions  may  include appropriate and reasonable control of the use

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD02855-02-9

A. 695--A                           2

or appearance of neighboring private property  within  public  view,  or
both.  In any such instance such measures, if adopted in the exercise of
the police power, shall be reasonable and appropriate to the purpose, or
if  constituting  a  taking  of  private  property shall provide for due
compensation, which may include the limitation or remission of taxes.
  S 2. Subdivision 1 of section 119-dd of the general municipal law,  as
added by chapter 354 of the laws of 1980, is amended to read as follows:
  1. Provide by regulations, special conditions and restrictions for the
protection,  enhancement,  perpetuation  and  use  of places, districts,
sites, buildings, structures, works of art and other  objects  having  a
special  character or special historical, cultural or aesthetic interest
or value.   SUCH REGULATIONS, SPECIAL CONDITIONS  AND  RESTRICTIONS  MAY
PROHIBIT  IMPROPER  MAINTENANCE  OR LACK OF MAINTENANCE WHICH RESULTS IN
SUBSTANTIAL DETERIORATION AS DEFINED IN SECTION ONE HUNDRED  NINETEEN-BB
OF  THIS  ARTICLE  THAT  THREATENS  THE  AESTHETIC  OR HISTORICAL VALUE,
STABILITY AND PRESERVATION OF SUCH PLACES, DISTRICTS, SITES,  BUILDINGS,
STRUCTURES,  WORKS  OF  ART AND OTHER SUCH OBJECTS OF INTEREST OR VALUE.
Such regulations, special conditions and restrictions may include appro-
priate and reasonable control of the use or  appearance  of  neighboring
private property within the public view, or both.
  S  3.  Subdivision 6 of section 119-bb of the general municipal law is
renumbered subdivision 7 and a new subdivision 6 is  added  to  read  as
follows:
  6. "SUBSTANTIAL DETERIORATION" MEANS DEGRADATION OF SUCH A NATURE THAT
DAMAGING WATER PENETRATION IS NO LONGER PREVENTED, OR THAT CAUSES STRESS
OR  STRAIN ON STRUCTURAL MEMBER SUPPORTS OR MATERIALS THAT CONTRIBUTE TO
COLLAPSE OR WARPING, EVIDENCE OF WHICH MAY INCLUDE PREVIOUSLY FUNCTIONAL
BUT NOW DEFECTIVE MATERIALS, BROKEN WINDOWS, COVERINGS AND  INTERNAL  OR
EXTERNAL DECAY.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.