Assembly Bill A6043

2009-2010 Legislative Session

Provides that municipalities may not create zoning overlay districts unless they have entered into an intermunicipal agreement with another municipality

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2009-A6043 (ACTIVE) - Details

See Senate Version of this Bill:
S4820
Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add Art 5-L ยง119-ee, Gen Muni L

2009-A6043 (ACTIVE) - Summary

Provides that municipalities may not create zoning overlay districts unless they have entered into an intermunicipal agreement with another municipality; provides that a municipality may not up-zone through the use of an overlay district.

2009-A6043 (ACTIVE) - Bill Text download pdf 

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

                                  6043

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by M. of A. KOON, LAVINE, SCHROEDER -- Multi-Sponsored by --
  M. of A. BOYLAND, ROBINSON, WALKER -- read once and  referred  to  the
  Committee on Local Governments

AN  ACT  to  amend  the general municipal law, in relation to the use of
  zoning overlay districts

  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 arti-
cle 5-L to read as follows:
                                ARTICLE 5-L
                     USE OF ZONING OVERLAY DISTRICTS
SECTION 119-EE. USE OF ZONING OVERLAY DISTRICTS.
  S 119-EE. USE OF ZONING OVERLAY DISTRICTS. 1. ZONING OVERLAY DISTRICTS
MAY ONLY BE UTILIZED WHEN
  A. PRIOR TO THE CREATION OF THE OVERLAY DISTRICT, THERE EXISTS A WRIT-
TEN, LEGALLY ADOPTED, INTERMUNICIPAL  AGREEMENT  BETWEEN  OR  AMONG  ALL
MUNICIPALITIES THAT WILL BE COVERED BY THE OVERLAY DISTRICT; OR
  B. AFTER A MUNICIPALITY HAS EXHAUSTED ALL OTHER METHODS.
  2.  A  MUNICIPALITY  MAY NOT CREATE A ZONING OVERLAY DISTRICT OR ENTER
INTO AN INTERMUNICIPAL AGREEMENT FOR THE CREATION OF  A  ZONING  OVERLAY
DISTRICT  UNLESS  THE  MUNICIPALITY  HAS  FIRST  COMPLETED AND ADOPTED A
COMPREHENSIVE PLAN.
  3.  WHEN  CREATING  A  ZONING  OVERLAY  DISTRICT,  THE  MUNICIPALITIES
INVOLVED MUST CLEARLY DEFINE WHAT COMMUNITY RESOURCE IS TO BE PROTECTED,
ENHANCED, OR DEVELOPED. THE MUNICIPALITIES MUST ALSO SHOW THAT THEY HAVE
A  COMPELLING  GOAL IN THE PUBLIC INTEREST THAT CANNOT BE ACHIEVED USING
METHODS OTHER THAN AN OVERLAY DISTRICT.
  4. IF A ZONING OVERLAY DISTRICT IS USED,  THE  OVERLAY  DISTRICT  MUST
PRESERVE  THE  INTEGRITY OF THE UNDERLYING OR PRIMARY ZONING, IT MUST BE
CONSISTENT WITH THE UNDERLYING OR PRIMARY ZONING, AND MAY  NOT,  IN  ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02475-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.