Senate Bill S4820

2009-2010 Legislative Session

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

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Sponsored By

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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2009-S4820 (ACTIVE) - Details

See Assembly Version of this Bill:
A6043
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add Art 5-L §119-ee, Gen Muni L

2009-S4820 (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-S4820 (ACTIVE) - Sponsor Memo

2009-S4820 (ACTIVE) - Bill Text download pdf 

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

                                  4820

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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

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
WAY,  INCREASE  THE  PERMITTED  USES OF THE UNDERLYING OR PRIMARY ZONING
(ALSO KNOWN AS UP-ZONE).
  5. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MUNICIPALITIES.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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