Senate Bill S3607

2009-2010 Legislative Session

Defers, at local option, the approval of subdivision plats and site plans in high growth towns, cities and villages

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local government
Mar 25, 2009	referred to local government

2009-S3607 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Ren §285 to be §286, add §285, Town L; add §27-c, Gen City L; add §7-733, Vil L

2009-S3607 (ACTIVE) - Summary

Permits high growth towns, cities and villages, at local option, to defer the approval of subdivision plats and site plans in such municipality for twelve years where the planning board finds that existing infrastructure is inadequate to support such development.

2009-S3607 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3607

 TITLE OF BILL :

An act to amend the town law, the general city law and the village
law, in relation to the deferral of approval of subdivision plats and
site plans in high growth areas


 PURPOSE :

It is the purpose of this act to defer, at local option, the approval
of subdivision plats and site plans in high growth towns, cities and
villages.

 SUMMARY OF PROVISIONS :

Amends town law by adding a new section 286; amends general city law
by adding a new section 27-c; amends village law by adding a new
section 7-733.

 JUSTIFICATION :

Eastern Long Island has unfortunately experienced adverse impacts due
to uncontrollable growth.  In order to better manage the pace and
impact of such growth in local communities, this legislation would

permit a local town, village or city board, within a high growth area,
to authorize their planning boards to defer action on a site plan or
subdivision plat where the board has made a finding that existing
facilities are inadequate to support the proposed development when it
is fully built out. A high growth area is a town, village or city that
has had a growth rate in population or housing units of 6% or greater
for the period from 1990 to 2000 as determined by the Federal Census.
However, a local government would first be required to prepare a
Capital Facilities Plan for entities such as schools, roads, police,
fire, water, energy and sewage. Nearly every Long Island community has
a capital facilities chapter as part of its Comprehensive Plan.

This legislation would not mandate. It does require local governments
in high growth areas to implement a growth management law, but it does
provide them with the option.

 LEGISLATIVE HISTORY :

2007-08, S.657; 2005-06, S.1634; 2003-04, S.3265.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S3607 (ACTIVE) - Bill Text download pdf

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

                                  3607

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the town law, the general city law and the village  law,
  in  relation to the deferral of approval of subdivision plats and site
  plans in high growth areas

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

  Section  1.  Section 285 of the town law, as renumbered by chapter 724
of the laws of 1992, is renumbered section 286 and a new section 285  is
added to read as follows:
  S 285. DEFERRAL OF PLAT AND SITE PLAN APPROVAL. 1. FOR THE PURPOSES OF
THIS SECTION, "HIGH-GROWTH TOWN" SHALL MEAN A TOWN THAT HAS HAD A GROWTH
RATE  IN  POPULATION  OR HOUSING UNITS OF SIX PERCENT OR GREATER FOR THE
PERIOD FROM NINETEEN HUNDRED NINETY TO TWO THOUSAND AS DETERMINED BY THE
DECENNIAL FEDERAL CENSUS.
  2. IN ANY HIGH-GROWTH TOWN, THE TOWN BOARD MAY AUTHORIZE THE  PLANNING
BOARD  BY  LOCAL  LAW TO DEFER THE APPROVAL OF SUBDIVISION PLATS OR SITE
PLANS, WHEN THE PLANNING BOARD DETERMINES THAT EXISTING  FACILITIES  FOR
SCHOOLS,  ROADS,  ENERGY,  PUBLIC  SAFETY,  INCLUDING  FIRE  AND  POLICE
PROTECTION, PUBLIC  SEWER  AND  WATER,  INCLUDING  BOTH  COLLECTION  AND
DISTRIBUTION  LINES,  TREATMENT  CAPACITY,  AND AVAILABILITY OF ADEQUATE
WATER SUPPLY ARE INADEQUATE TO SUPPORT THE DEVELOPMENT WHEN IT IS  BUILT
OUT  AS PROPOSED IN ANY PLAT OR SITE PLAN. NOTHING IN THIS SECTION SHALL
PRECLUDE THE APPLICANT FROM ENTERING INTO AN ENFORCEABLE AGREEMENT  WITH
THE TOWN TO PAY FOR OR PROVIDE THE REQUIRED INFRASTRUCTURE.
  3. PRIOR TO THE ADOPTION OF SUCH LOCAL LAW, THE TOWN BOARD SHALL ADOPT
A  CAPITAL  FACILITIES    PLAN  THAT PROVIDES THE BASIS FOR AN OBJECTIVE
DETERMINATION REGARDING THE INADEQUACY OF SUCH FACILITIES IN THE AREA OF
THE PROPOSED DEVELOPMENT. THE  TOWN  SHALL  EXERCISE  DUE  DILIGENCE  TO
INSURE  THE  IMPLEMENTATION  OF SUCH CAPITAL FACILITIES PLAN IN A TIMELY
MANNER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02068-01-9

S. 3607                             2

  4. IN NO EVENT MAY A DEFERRAL PURSUANT TO THIS SECTION  EXTEND  BEYOND
TWELVE YEARS FROM THE DATE OF FIRST DEFERRAL OF A PLAT OR SITE PLAN.
  5.  DURING  THE DEFERRAL PERIOD, THE APPLICANT FOR A PLAT OR SITE PLAN
APPROVAL SHALL BE ENTITLED TO THE  APPROVAL  OF  A  PLAT,  OTHERWISE  IN
COMPLIANCE  WITH APPLICABLE REGULATIONS, AT THE LOWEST DENSITY PERMITTED
IN THE TOWN FOR ANY ZONING DISTRICT.
  6. NOTHING CONTAINED IN THIS SECTION SHALL BE  DEEMED  TO  AFFECT  THE
ABILITY  OF  A TOWN TO APPROVE OR DENY A SITE PLAN OR PLAT FOR ANY OTHER
REASONS PERMITTED BY LAW.
  7. THE APPRAISAL OF PROPERTY SUBJECT TO A DEFERRAL UNDER THIS  SECTION
SHALL  BE  CONDUCTED  AS  IF  THE PROVISIONS OF THIS SECTION WERE NOT IN
EFFECT.
  S 2. The general city law is amended by adding a new section  27-c  to
read as follows:
  S  27-C.  DEFERRAL OF PLAT AND SITE PLAN APPROVAL. 1. FOR THE PURPOSES
OF THIS SECTION, "HIGH-GROWTH CITY" SHALL MEAN A CITY  THAT  HAS  HAD  A
GROWTH RATE IN POPULATION OR HOUSING UNITS OF SIX PERCENT OR GREATER FOR
THE PERIOD FROM NINETEEN HUNDRED NINETY TO TWO THOUSAND AS DETERMINED BY
THE DECENNIAL FEDERAL CENSUS.
  2.  IN  ANY HIGH-GROWTH CITY, THE CITY COUNCIL MAY AUTHORIZE THE PLAN-
NING BOARD BY LOCAL LAW TO DEFER THE APPROVAL OF  SUBDIVISION  PLATS  OR
SITE  PLANS, WHEN THE PLANNING BOARD DETERMINES THAT EXISTING FACILITIES
FOR SCHOOLS, ROADS, ENERGY, PUBLIC SAFETY,  INCLUDING  FIRE  AND  POLICE
PROTECTION,  PUBLIC  SEWER  AND  WATER,  INCLUDING  BOTH  COLLECTION AND
DISTRIBUTION LINES, TREATMENT CAPACITY,  AND  AVAILABILITY  OF  ADEQUATE
WATER  SUPPLY ARE INADEQUATE TO SUPPORT THE DEVELOPMENT WHEN IT IS BUILT
OUT AS PROPOSED IN ANY PLAT OR SITE PLAN. NOTHING IN THIS SECTION  SHALL
PRECLUDE  THE APPLICANT FROM ENTERING INTO AN ENFORCEABLE AGREEMENT WITH
THE CITY TO PAY FOR OR PROVIDE THE REQUIRED INFRASTRUCTURE.
  3. PRIOR TO THE ADOPTION OF SUCH LOCAL LAW,  THE  CITY  COUNCIL  SHALL
ADOPT A CAPITAL FACILITIES PLAN THAT PROVIDES THE BASIS FOR AN OBJECTIVE
DETERMINATION REGARDING THE INADEQUACY OF SUCH FACILITIES IN THE AREA OF
THE  PROPOSED  DEVELOPMENT.  THE  CITY  SHALL  EXERCISE DUE DILIGENCE TO
INSURE THE IMPLEMENTATION OF SUCH CAPITAL FACILITIES PLAN  IN  A  TIMELY
MANNER.
  4.  IN  NO EVENT MAY A DEFERRAL PURSUANT TO THIS SECTION EXTEND BEYOND
TWELVE YEARS FROM THE DATE OF FIRST DEFERRAL OF A PLAT OR SITE PLAN.
  5. DURING THE DEFERRAL PERIOD, THE APPLICANT FOR A PLAT OR  SITE  PLAN
APPROVAL  SHALL  BE  ENTITLED  TO  THE  APPROVAL OF A PLAT, OTHERWISE IN
COMPLIANCE WITH APPLICABLE REGULATIONS, AT THE LOWEST DENSITY  PERMITTED
IN THE TOWN FOR ANY ZONING DISTRICT.
  6.  NOTHING  CONTAINED  IN  THIS SECTION SHALL BE DEEMED TO AFFECT THE
ABILITY OF THE PLANNING BOARD TO APPROVE OR DENY A SITE PLAN OR PLAT FOR
ANY OTHER REASONS PERMITTED BY LAW.
  7. THE APPRAISAL OF PROPERTY SUBJECT TO A DEFERRAL UNDER THIS  SECTION
SHALL  BE  CONDUCTED  AS  IF  THE PROVISIONS OF THIS SECTION WERE NOT IN
EFFECT.
  S 3. The village law is amended by adding a new section 7-733 to  read
as follows:
  S  7-733  DEFERRAL OF PLAT AND SITE PLAN APPROVAL. 1. FOR THE PURPOSES
OF THIS SECTION, "HIGH-GROWTH VILLAGE" SHALL MEAN A VILLAGE THAT HAS HAD
A GROWTH RATE IN POPULATION OR HOUSING UNITS OF SIX PERCENT  OR  GREATER
FOR  THE  PERIOD  FROM NINETEEN HUNDRED NINETY TO TWO THOUSAND AS DETER-
MINED BY THE DECENNIAL FEDERAL CENSUS.
  2. IN ANY HIGH-GROWTH VILLAGE, THE VILLAGE  BOARD  MAY  AUTHORIZE  THE
PLANNING  BOARD  BY LOCAL LAW TO DEFER THE APPROVAL OF SUBDIVISION PLATS

S. 3607                             3

OR SITE PLANS, WHEN THE PLANNING BOARD DETERMINES THAT EXISTING  FACILI-
TIES  FOR  SCHOOLS,  ROADS,  ENERGY,  PUBLIC  SAFETY, INCLUDING FIRE AND
POLICE PROTECTION, PUBLIC SEWER AND WATER, INCLUDING BOTH COLLECTION AND
DISTRIBUTION  LINES,  TREATMENT  CAPACITY,  AND AVAILABILITY OF ADEQUATE
WATER SUPPLY ARE INADEQUATE TO SUPPORT THE DEVELOPMENT WHEN IT IS  BUILT
OUT  AS PROPOSED IN ANY PLAT OR SITE PLAN. NOTHING IN THIS SECTION SHALL
PRECLUDE THE APPLICANT FROM ENTERING INTO AN ENFORCEABLE AGREEMENT  WITH
THE VILLAGE TO PAY FOR OR PROVIDE THE REQUIRED INFRASTRUCTURE.
  3.  PRIOR  TO  THE ADOPTION OF SUCH LOCAL LAW, THE VILLAGE BOARD SHALL
ADOPT A CAPITAL FACILITIES PLAN THAT PROVIDES THE BASIS FOR AN OBJECTIVE
DETERMINATION REGARDING THE INADEQUACY OF SUCH FACILITIES IN THE AREA OF
THE PROPOSED DEVELOPMENT. THE VILLAGE SHALL EXERCISE  DUE  DILIGENCE  TO
INSURE  THE  IMPLEMENTATION  OF SUCH CAPITAL FACILITIES PLAN IN A TIMELY
MANNER.
  4. IN NO EVENT MAY A DEFERRAL PURSUANT TO THIS SECTION  EXTEND  BEYOND
TWELVE YEARS FROM THE DATE OF FIRST DEFERRAL OF A PLAT OR SITE PLAN.
  5.  DURING  THE DEFERRAL PERIOD, THE APPLICANT FOR A PLAT OR SITE PLAN
APPROVAL SHALL BE ENTITLED TO THE  APPROVAL  OF  A  PLAT,  OTHERWISE  IN
COMPLIANCE  WITH APPLICABLE REGULATIONS, AT THE LOWEST DENSITY PERMITTED
IN THE VILLAGE FOR ANY ZONING DISTRICT.
  6. NOTHING CONTAINED IN THIS SECTION SHALL BE  DEEMED  TO  AFFECT  THE
ABILITY  OF  A  VILLAGE  TO  APPROVE OR DENY A SITE PLAN OR PLAT FOR ANY
OTHER REASONS PERMITTED BY LAW.
  7. THE APPRAISAL OF PROPERTY SUBJECT TO A DEFERRAL UNDER THIS  SECTION
SHALL  BE  CONDUCTED  AS  IF  THE PROVISIONS OF THIS SECTION WERE NOT IN
EFFECT.
  S 4.  If any clause, sentence, paragraph, section or part of this  act
shall  be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder ther-
eof, but shall be confined in its operation  to  the  clause,  sentence,
paragraph,  section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  S 5. This act shall take effect immediately.

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Senate Bill S3607

Sponsored By

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

Actions

2009-S3607 (ACTIVE) - Details

2009-S3607 (ACTIVE) - Summary

2009-S3607 (ACTIVE) - Sponsor Memo

2009-S3607 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kenneth P. LaValle

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

Actions

2009-S3607 (ACTIVE) - Details

2009-S3607 (ACTIVE) - Summary

2009-S3607 (ACTIVE) - Sponsor Memo

2009-S3607 (ACTIVE) - Bill Text download pdf

Comments