NY State Senate Bill 2009-S5947

Archive: Last Bill Status - In Senate Committee Local Government 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2010	print number 5947a
Jan 29, 2010	amend and recommit to local government
Jan 06, 2010	referred to local government
Jun 19, 2009	referred to rules

Bill Amendments

Original

A (Active)

2009-S5947 - Details

See Assembly Version of this Bill:: A8932
Current Committee:: Senate Local Government
Law Section:: Real Property

2009-S5947 - Sponsor Memo

                                 BILL NUMBER:  S5947

 TITLE OF BILL :
An act in relation to the continuation of planning and zoning
approvals and permits


 PURPOSE :
This legislation would extend all planning and zoning approvals and
permits for residential and commercial facilities in existence on June
30, 2009 until June 30, 2010.

 SUMMARY OF PROVISIONS :
This bill establishes an unconsolidated law to extend the date for the
effectiveness of any permit or approval in existence on June 30, 2009
under the authority of any general, special or local law, rule or
regulation, charter ordinance or administrative code pertaining to the
planning or zoning of housing accommodations and commercial facilities
until June 30, 2010.

 JUSTIFICATION :
The current economic conditions, particularly relating to the lack of
financing for construction projects for both residential and
commercial development, are presenting projects which have received
the required approvals and pulpits from reaching completion. The lack
of financing for construction because of distressed credit markets and

unavailability of bank financing is resulting in development projects
being placed on hold.

Property owners are required to make substantial investment to obtain
zoning and planning permits. Attorneys, architects and engineers are
often engaged to assist in the process which includes studies of
traffic, wetlands, air quality, sales models, archeological surveys,
landscape architecture, and surveys and architectural drawings,
renderings, and analysis. Substantial expenses are incurred not only
by the landowner or developer but also by the municipality through its
various planning and zoning boards which must analyze and make
determinations based on the voluminous information submitted. If
permits and approvals lapse because of the current economic
conditions, it will cause a substantial problem in terms of cost to
reacquire such permits and approvals. It would also result in a
substantial time delay.  The consequence of the additional cost and
time might result in a project being abandoned. This abandonment would
be deleterious for the economy when shovel ready projects are at a
premium. It also impacts municipalities where only a portion of a
project is completed. This leaves the municipality with an incomplete
project which could result in a dangerous condition and, at a minimum,
certainly an unappealing undeveloped site.

This legislation would effectively preserve any permit or approval in
existence on June 30, 2009 pertaining to planning or zoning until June
30, 2010. An affected permit or approval will not be extended beyond
June 30, 2010 without legislative action.

The current economic emergency justifies state action not only because
a piecemeal approach by municipalities would be time consuming and
expensive to accomplish, but also because there are statutory limits
imposed on certain approvals which require state action to accomplish
an extension.

 LEGISLATIVE HISTORY :
New Legislation.

 FISCAL IMPACT ON THE STATE :
None.

 EFFECTIVE DATE :
This act shall take immediately.

2009-S5947 - Bill Text download pdf

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

                                  5947

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

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

AN ACT in relation to the continuation of planning and zoning  approvals
  and permits

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

  Section 1. The legislature finds and declares that:
  a. There exists a state of national recession, which  has  drastically
affected  various segments of the New York economy, but none as severely
as the state's banking,  real  estate  and  construction  sectors,  with
significant  unemployment  among construction trades, which has resulted
in a real estate finance emergency in New York state.
  b. The real estate finance sector  of  the  economy  is  under  severe
stress  due to the sub-prime mortgage problem and the resultant widening
mortgage finance crisis. The extreme tightening of lending standards for
home buyers and other real estate borrowers has reduced  access  to  the
capital markets.
  c.  As a result of the crisis in the real estate finance sector of the
economy, residential and commercial real  estate  developers  and  home-
builders,  have  experienced an industry-wide decline, including reduced
demand, cancelled orders, declining sales and rentals, price reductions,
increased inventory, fewer participants in real estate markets, layoffs,
and scaled back growth plans. Moreover, unemployment in the construction
industry is at record levels.
  d. The process of obtaining planning board and zoning board  approvals
for  subdivisions, site plans, special use permits and variances is time
consuming and expensive, both  for  private  applicants  and  government
bodies.
  e.  The  process  of  obtaining the myraid other government approvals,
required to commence residential  or  commercial  development,  such  as
wetlands,  stormwater  and  on-site wastewater disposal permits, highway

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14374-01-9

S. 5947                             2

access permits, and numerous waivers and variances,  also  can  be  time
consuming and expensive.
  f.  The construction industry and related trades are sustaining severe
economic losses, and the lapsing  of  government  development  approvals
would,  if not addressed, exacerbate those losses. At a time when shovel
ready construction projects are at a premium, the loss of zoning,  plan-
ning  and other development related approvals or permits because of time
limits, or other conditions imposed by statute, local law, ordinance  or
regulation will exacerbate this real estate finance emergency.
  g.  Financial  institutions that lent money to property owners, build-
ers, and developers are experiencing erosion of collateral and  depreci-
ation of their assets as permits and approvals expire, and the extension
of  these  permits  and  approvals is necessary to maintain the value of
collateral and the solvency of  financial  institutions  throughout  the
state.
  h.  Due  to  the current inability of builders and their purchasers or
lessees to obtain financing, under existing economic conditions, zoning,
planning and other development related approvals or permits are expiring
or lapsing and, as these approvals and permits lapse, lenders must reap-
praise and thereafter substantially lower real estate valuations  estab-
lished  in  conjunction  with  approved  projects, thereby requiring the
reclassification of numerous loans which, in turn, affects the stability
of the banking system and reduces the funds available for  future  lend-
ing,  thus  creating more severe restrictions on credit and leading to a
vicious cycle of default.
  i. As a result of the real estate finance emergency and the  continued
expiration  of  approvals  and  permits  which were granted by state and
local governments, it is possible that thousands of  government  actions
will  lapse  because  of  the  passage of time, or the inability to meet
conditions tied to the commencement of the project.
  j. Obtaining an extension of an approval or permit pursuant to  exist-
ing statutory or regulatory provisions may be impossible because of time
limitations  or  conditions  imposed under state statutes, local laws or
regulations and even if renewable it can be both costly in terms of time
and financial resources. Moreover, those projects that do  survive  will
come  at the expense of delayed construction jobs and delayed tax reven-
ues to municipalities.
  k. It is the purpose of this act to  enact  a  law  requiring  certain
local  governments  to preserve project approvals for development due to
the real estate finance  emergency,  by  extending  the  term  of  these
approvals  and  permits for a period of time, thereby preventing a waste
of public and private resources.
  S 2. a. In the event that a permit or approval applying to the  devel-
opment  of  real  estate,  and in existence on June 30, 2009, expires or
lapses on or after June 30, 2009 and before June 30, 2010, based on time
limitations or other conditions imposed in such permit or approval,  the
period  of  validity of such permit or approval shall be extended, based
on the real estate finance emergency, until June 30, 2010.
  b. The provisions of this section  shall  apply  to  all  real  estate
development  permits  and  approvals issued pursuant to the authority of
state or local law on or prior to June 30, 2009,  and  in  existence  on
that  date,  and shall apply notwithstanding any provision of law to the
contrary.
  c. The provisions of this section shall not be  construed  to  shorten
the  duration  of  any  permit  or approval issued on or before June 30,

S. 5947                             3

2009, nor shall they limit the granting of any extensions  that  may  be
provided for other than pursuant to the provisions of this section.
  d. The provisions of this section shall not apply to any city having a
population in excess of one million people.
  e. As used in this section, the term "authority of state or local law"
means authority conferred pursuant to any general, special or local law,
rule or regulation, charter, ordinance or administrative code pertaining
to  the planning or zoning of housing accommodations, commercial facili-
ties and incidental facilities, including but not limited to subdivision
approvals, variance approvals, special use permits, site plan approvals,
county planning board approvals and county health department approvals.
  S 3. This act shall take effect immediately.

2009-S5947A (ACTIVE) - Details

See Assembly Version of this Bill:: A8932
Current Committee:: Senate Local Government
Law Section:: Real Property

2009-S5947A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5947A

 TITLE OF BILL :
An act in relation to the continuation of planning and zoning
approvals and permits


 PURPOSE :
This legislation would extend all planning and zoning approvals and
permits for residential and commercial facilities in existence on June
30, 2009 until June 30, 2011.

 SUMMARY OF PROVISIONS :
This bill establishes an unconsolidated law to extend the date for the
effectiveness of any permit or approval in existence on June 30, 2009
under the authority of any general, special or local law, rule or
regulation, charter ordinance or administrative code pertaining to the
planning or zoning of housing accommodations and commercial facilities
until June 30, 2011.

 JUSTIFICATION :
The current economic conditions, particularly relating to the lack of
financing for construction projects for both residential and
commercial development, are presenting projects which have received
the required approvals and pulpits from reaching completion. The lack
of financing for construction because of distressed credit markets and

unavailability of bank financing is resulting in development projects
being placed on hold.

Property owners are required to make substantial investment to obtain
zoning and planning permits. Attorneys, architects and engineers are
often engaged to assist in the process which includes studies of
traffic, wetlands, air quality, sales models, archeological Surveys,
landscape architecture, and surveys and architectural drawings,
renderings, and analysis. Substantial expenses are incurred not only
by the landowner or developer but also by the municipality through its
various planning and zoning boards which must analyze and make
determinations based on the voluminous information submitted. If
permits and approvals lapse because of the current economic
conditions, it will cause a substantial problem in terms of cost to
reacquire such permits and approvals. It would also result in a
substantial time delay.  The consequence of the additional cost and
time might result in a project being abandoned. This abandonment would
be deleterious for the economy when shovel ready projects are at a
premium. It also impacts municipalities where only a portion of a
project is completed. This leaves the municipality with an incomplete
project which could result in a dangerous condition and, at a minimum,
certainly an unappealing undeveloped site.

This legislation would effectively preserve any permit or approval in
existence on June 30, 2009 pertaining to planning or zoning until June
30, 2011. An affected permit or approval will not be extended beyond
June 30, 2011 without legislative action.

The current economic emergency justifies state action not only because
a piecemeal approach by municipalities would be time consuming and
expensive to accomplish, but also because there are statutory limits
imposed on certain approvals which require state action to accomplish
an extension.

 LEGISLATIVE HISTORY :
New Legislation.

 FISCAL IMPACT ON THE STATE :
None.

 EFFECTIVE DATE :
This act shall take immediately.

2009-S5947A (ACTIVE) - Bill Text download pdf

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

                                 5947--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee  on  Local Government in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT in relation to the continuation of planning and zoning approvals
  and permits

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

  Section 1. The legislature finds and declares that:
  a.  There  exists a state of national recession, which has drastically
affected various segments of the New York economy, but none as  severely
as  the  state's  banking,  real  estate  and construction sectors, with
significant unemployment among construction trades, which  has  resulted
in a real estate finance emergency in New York state.
  b.  The  real  estate  finance  sector  of the economy is under severe
stress due to the sub-prime mortgage problem and the resultant  widening
mortgage finance crisis. The extreme tightening of lending standards for
home  buyers  and  other real estate borrowers has reduced access to the
capital markets.
  c. As a result of the crisis in the real estate finance sector of  the
economy,  residential  and  commercial  real estate developers and home-
builders, have experienced an industry-wide decline,  including  reduced
demand, cancelled orders, declining sales and rentals, price reductions,
increased inventory, fewer participants in real estate markets, layoffs,
and scaled back growth plans. Moreover, unemployment in the construction
industry is at record levels.
  d.  The process of obtaining planning board and zoning board approvals
for subdivisions, site plans, special use permits and variances is  time
consuming  and  expensive,  both  for  private applicants and government
bodies.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14374-04-0

S. 5947--A                          2

  e. The process of obtaining the  myriad  other  government  approvals,
required  to  commence  residential  or  commercial development, such as
wetlands, stormwater and on-site wastewater  disposal  permits,  highway
access  permits,  and  numerous  waivers and variances, also can be time
consuming and expensive.
  f.  The construction industry and related trades are sustaining severe
economic losses, and the lapsing  of  government  development  approvals
would,  if not addressed, exacerbate those losses. At a time when shovel
ready construction projects are at a premium, the loss of zoning,  plan-
ning  and other development related approvals or permits because of time
limits, or other conditions imposed by statute, local law, ordinance  or
regulation will exacerbate this real estate finance emergency.
  g.  Financial  institutions that lent money to property owners, build-
ers, and developers are experiencing erosion of collateral and  depreci-
ation of their assets as permits and approvals expire, and the extension
of  these  permits  and  approvals is necessary to maintain the value of
collateral and the solvency of  financial  institutions  throughout  the
state.
  h.  Due  to  the current inability of builders and their purchasers or
lessees to obtain financing, under existing economic conditions, zoning,
planning and other development related approvals or permits are expiring
or lapsing and, as these approvals and permits lapse, lenders must reap-
praise and thereafter substantially lower real estate valuations  estab-
lished  in  conjunction  with  approved  projects, thereby requiring the
reclassification of numerous loans which, in turn, affects the stability
of the banking system and reduces the funds available for  future  lend-
ing,  thus  creating more severe restrictions on credit and leading to a
vicious cycle of default.
  i. As a result of the real estate finance emergency and the  continued
expiration  of  approvals  and  permits  which were granted by state and
local governments, it is possible that thousands of  government  actions
will  lapse  because  of  the  passage of time, or the inability to meet
conditions tied to the commencement of the project.
  j. Obtaining an extension of an approval or permit pursuant to  exist-
ing statutory or regulatory provisions may be impossible because of time
limitations  or  conditions  imposed under state statutes, local laws or
regulations and even if renewable it can be both costly in terms of time
and financial resources. Moreover, those projects that do  survive  will
come  at the expense of delayed construction jobs and delayed tax reven-
ues to municipalities.
  k. It is the purpose of this act to  enact  a  law  requiring  certain
local  governments  to preserve project approvals for development due to
the real estate finance  emergency,  by  extending  the  term  of  these
approvals  and  permits for a period of time, thereby preventing a waste
of public and private resources.
  S 2. a. In the event that a permit or approval applying to the  devel-
opment  of  real  estate,  and in existence on June 30, 2009, expires or
lapses on or after June 30, 2009 and before June 30, 2011, based on time
limitations or other conditions imposed in such permit or approval,  the
period  of  validity of such permit or approval shall be extended, based
on the real estate finance emergency, until June 30, 2011.
  b. The provisions of this section  shall  apply  to  all  real  estate
development  permits  and  approvals issued pursuant to the authority of
state or local law on or prior to June 30, 2009,  and  in  existence  on
that  date,  and shall apply notwithstanding any provision of law to the
contrary.

S. 5947--A                          3

  c. The provisions of this section shall not be  construed  to  shorten
the  duration  of  any  permit  or approval issued on or before June 30,
2009, nor shall they limit the granting of any extensions  that  may  be
provided for other than pursuant to the provisions of this section.
  d. The provisions of this section shall not apply to any city having a
population in excess of one million people.
  e. As used in this section, the term "authority of state or local law"
means authority conferred pursuant to any general, special or local law,
rule or regulation, charter, ordinance or administrative code pertaining
to  the planning or zoning of housing accommodations, commercial facili-
ties and incidental facilities, including but not limited to subdivision
approvals, variance approvals, special use permits, site plan approvals,
county planning board approvals and county health department approvals.
  S 3. This act shall take effect immediately.

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Senate Bill S5947

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2009-S5947 - Details

2009-S5947 - Sponsor Memo

2009-S5947 - Bill Text download pdf

2009-S5947A (ACTIVE) - Details

2009-S5947A (ACTIVE) - Sponsor Memo

2009-S5947A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5947

Share this bill

Sponsored By

Brian X. Foley

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2009-S5947 - Details

2009-S5947 - Sponsor Memo

2009-S5947 - Bill Text download pdf

2009-S5947A (ACTIVE) - Details

2009-S5947A (ACTIVE) - Sponsor Memo

2009-S5947A (ACTIVE) - Bill Text download pdf

Comments