S T A T E O F N E W Y O R K
________________________________________________________________________
9198
2009-2010 Regular Sessions
I N A S S E M B L Y
October 21, 2009
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Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Agriculture
AN ACT in relation to prohibiting the issuance of permits to operate,
construct or develop slaughterhouses within a fifteen hundred foot
radius of a residential dwelling
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. a. Notwithstanding any law, rule or regulation promulgated
pursuant to the authority of state or local law to the contrary, on and
after November 1, 2009, no building permit or approval applying to the
development of real estate shall be issued to any person, firm, partner-
ship or corporation to operate, develop or construct any commercial
place or establishment where animals and/or fowl are slaughtered or
butchered for food if any portion of such facility is located within a
fifteen hundred foot radius of a residential dwelling.
b. The provisions of this act shall not apply to any premises upon
which a person, firm, partnership or corporation has been continuously
conducting business as described in subdivision a of this section from a
date prior to the effective date of this act.
c. The provisions of this act shall apply to all real estate develop-
ment permits and approvals issued pursuant to the authority of state or
local law on or after November 1, 2009.
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 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.