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Assembly Bill A2381

2009-2010 Legislative Session

Prohibits the location of certain manufacturing facilities within five hundred feet of schools and residential areas

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Archive: Last Bill Status - In Assembly Committee

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2009-A2381 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add ยง137, Gen Muni L

2009-A2381 (ACTIVE) - Summary

Prohibits the location of certain manufacturing facilities within five hundred feet of schools and residential areas.

2009-A2381 (ACTIVE) - Bill Text download pdf 

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

                                  2381

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
  tee on Local Governments

AN  ACT  to  amend the general municipal law, in relation to prohibiting
  the location of manufacturing facilities within five hundred  feet  of
  schools and residential areas

  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 137 to read as follows:
  S  137. LOCATION OF CERTAIN MANUFACTURING FACILITIES. 1. THE GOVERNING
BOARD OF ANY MUNICIPAL CORPORATION SHALL NOT ISSUE OR RENEW A PERMIT FOR
THE CONSTRUCTION AND USE OF  ANY  MANUFACTURING  OR  WAREHOUSE  FACILITY
WITHIN  FIVE HUNDRED FEET OF ANY ELEMENTARY, MIDDLE OR SECONDARY SCHOOL,
AREA ZONED FOR ANY RESIDENTIAL USE, OR PARK WHERE SUCH MANUFACTURING  OR
WAREHOUSE FACILITY WOULD NEGATIVELY AFFECT AIR QUALITY AND POSE A SAFETY
HAZARD  OR UNREASONABLY INTERFERE WITH THE COMFORTABLE ENJOYMENT OF LIFE
AND PROPERTY WITHIN FIVE HUNDRED FEET OF SUCH FACILITY OR AREA.
  2. THIS SECTION SHALL NOT BE CONSTRUED TO AFFECT OR  SUPERSEDE  ZONING
ORDINANCES  OR  LOCAL  LAWS  WHICH  PROVIDE  GREATER RESTRICTIONS TO THE
LOCATION OF MANUFACTURING FACILITIES THAN PROVIDED IN THIS  SECTION  NOW
IN  EFFECT  OR  HEREAFTER  ENACTED BY ANY MUNICIPALITY WITHIN THE PROPER
EXERCISE OF THE POLICE POWER OF SUCH A MUNICIPALITY.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05723-01-9

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