Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to local governments |
May 15, 2009 |
referred to local governments |
Assembly Bill A8350
2009-2010 Legislative Session
Sponsored By
KOON
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
Actions
2009-A8350 (ACTIVE) - Details
2009-A8350 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8350 2009-2010 Regular Sessions I N A S S E M B L Y May 15, 2009 ___________ Introduced by M. of A. KOON, LIFTON, BACALLES, BURLING -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, in relation to the balancing of public interests for governmental projects in municipalities having zoning requirements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 12-B of the general municipal law is amended by adding a new section 239-n-1 to read as follows: S 239-N-1. BALANCING OF PUBLIC INTERESTS FOR GOVERNMENTAL PROJECTS IN MUNICIPALITIES HAVING ZONING REQUIREMENTS. UNLESS OTHERWISE PROVIDED BY LAW, AN ENCROACHING GOVERNMENTAL UNIT WHICH PROPOSES TO SPONSOR A PROJECT WITHIN THE BOUNDARIES OF ONE OR MORE OTHER MUNICIPALITIES WHICH HAVE ADOPTED ZONING REQUIREMENTS, SHALL DETERMINE WHETHER THE PROJECT IS IMMUNE FROM SUCH ZONING, BASED UPON ITS ANALYSIS OF THE FOLLOWING FACTORS: 1. THE NATURE AND SCOPE OF THE ENCROACHING GOVERNMENTAL UNIT SEEKING IMMUNITY; 2. THE KIND OF FUNCTION OR LAND USE INVOLVED; 3. THE EXTENT OF THE PUBLIC INTEREST TO BE SERVED THEREBY; 4. THE EFFECT LOCAL LAND USE REGULATION WOULD HAVE UPON THE PROPOSED PROJECT; 5. THE IMPACT UPON LEGITIMATE LOCAL INTERESTS; 6. THE ENCROACHING GOVERNMENTAL UNIT'S LEGISLATIVE GRANT OF AUTHORITY; 7. ALTERNATIVE LOCATIONS FOR THE PROPOSED PROJECT IN LESS RESTRICTIVE ZONING AREAS; 8. ALTERNATIVE METHODS OF PROVIDING THE NEEDED IMPROVEMENT; AND 9. INTERGOVERNMENTAL PARTICIPATION IN THE PROJECT DEVELOPMENT PROCESS AND AN OPPORTUNITY TO BE HEARD. S 2. This act shall take effect on the first of July next succeeding the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00262-01-9
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