senate Bill S6625A

2011-2012 Legislative Session

Provides that certain zoning ordinances enacted by a town or village shall be deemed to be arbitrary and capricious upon enactment

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Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Apr 26, 2012 advanced to third reading
Apr 25, 2012 2nd report cal.
Apr 19, 2012 1st report cal.557
Apr 11, 2012 print number 6625a
amend (t) and recommit to local government
Mar 06, 2012 referred to local government

Votes

view votes

Apr 19, 2012 - Local Government committee Vote

S6625A
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Local Government committee vote details

Local Government Committee Vote: Apr 19, 2012

excused (1)

S6625 - Details

See Assembly Version of this Bill:
A10306
Law Section:
Town Law
Laws Affected:
Amd §261, Town L; amd §7-700, Vil L

S6625 - Summary

Provides that certain zoning ordinances enacted by a town, village or city shall be deemed to be arbitrary and capricious upon enactment.

S6625 - Sponsor Memo

S6625 - Bill Text download pdf

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

                                  6625

                            I N  S E N A T E

                              March 6, 2012
                               ___________

Introduced  by  Sen. MARTINS -- 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 village law and the general city  law,
  in relation to the enactment of certain zoning ordinances

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

  Section 1. The opening paragraph of section 261 of  the  town  law  is
designated  subdivision  1 and two new subdivisions 2 and 3 are added to
read as follows:
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
ZONING ORDINANCE BY A TOWN THAT CREATES AN INCREASE IN THE  MINIMUM  LOT
AREA, LOT FRONTAGE, OR LOT DEPTH WITHIN AN EXISTING ZONE ESTABLISHED FOR
RESIDENTIAL  PROPERTIES  BY A FACTOR OF TWO OR GREATER ABOVE THE LARGEST
SUCH EXISTING REQUIREMENTS WITHIN THE CURRENT ZONING ORDINANCE  APPLICA-
BLE  TO  RESIDENTIAL PROPERTIES WITHIN SUCH TOWN SHALL BE PRESUMED TO BE
ARBITRARY AND CAPRICIOUS UPON SUCH ENACTMENT.
  3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
ZONING ORDINANCE BY A TOWN THAT RESULTS IN RENDERING GREATER  THAN  HALF
OF THE CURRENTLY EXISTING RESIDENTIAL PROPERTIES WITHIN THE ZONE NONCON-
FORMING  TO  THE  NEWLY ENACTED ZONING ORDINANCE SHALL BE PRESUMED TO BE
ARBITRARY AND CAPRICIOUS UPON ENACTMENT.
  S 2. The opening paragraph of section 7-700  of  the  village  law  is
designated  subdivision  1 and two new subdivisions 2 and 3 are added to
read as follows:
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
ZONING ORDINANCE BY A VILLAGE THAT CREATES AN INCREASE  IN  THE  MINIMUM
LOT AREA, LOT FRONTAGE, OR LOT DEPTH WITHIN AN EXISTING ZONE ESTABLISHED
FOR RESIDENTIAL PROPERTIES BY A FACTOR OF TWO OR GREATER ABOVE THE LARG-
EST  SUCH  EXISTING  REQUIREMENTS  WITHIN  THE  CURRENT ZONING ORDINANCE
APPLICABLE TO  RESIDENTIAL  PROPERTIES  WITHIN  SUCH  VILLAGE  SHALL  BE
PRESUMED TO BE ARBITRARY AND CAPRICIOUS UPON SUCH ENACTMENT.
  3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
ZONING  ORDINANCE  BY  A  VILLAGE THAT RESULTS IN RENDERING GREATER THAN
HALF OF THE CURRENTLY EXISTING RESIDENTIAL PROPERTIES  WITHIN  THE  ZONE

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

S6625A (ACTIVE) - Details

See Assembly Version of this Bill:
A10306
Law Section:
Town Law
Laws Affected:
Amd §261, Town L; amd §7-700, Vil L

S6625A (ACTIVE) - Summary

Provides that certain zoning ordinances enacted by a town, village or city shall be deemed to be arbitrary and capricious upon enactment.

S6625A (ACTIVE) - Sponsor Memo

S6625A (ACTIVE) - Bill Text download pdf

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

                                 6625--A

                            I N  S E N A T E

                              March 6, 2012
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the town law and the village law,  in  relation  to  the
  enactment of certain zoning ordinances

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

  Section 1. The opening paragraph of section 261 of  the  town  law  is
designated  subdivision  1 and two new subdivisions 2 and 3 are added to
read as follows:
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
ZONING ORDINANCE BY A TOWN THAT CREATES AN INCREASE IN THE  MINIMUM  LOT
AREA, LOT FRONTAGE, OR LOT DEPTH WITHIN AN EXISTING ZONE ESTABLISHED FOR
RESIDENTIAL  PROPERTIES  BY A FACTOR OF TWO OR GREATER ABOVE THE LARGEST
SUCH EXISTING REQUIREMENTS WITHIN THE CURRENT ZONING ORDINANCE  APPLICA-
BLE  TO  RESIDENTIAL PROPERTIES WITHIN SUCH TOWN SHALL BE PRESUMED TO BE
ARBITRARY AND CAPRICIOUS UPON SUCH ENACTMENT.
  3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
ZONING ORDINANCE BY A TOWN THAT RESULTS IN RENDERING GREATER  THAN  HALF
OF THE CURRENTLY EXISTING RESIDENTIAL PROPERTIES WITHIN THE ZONE NONCON-
FORMING  TO  THE  NEWLY ENACTED ZONING ORDINANCE SHALL BE PRESUMED TO BE
ARBITRARY AND CAPRICIOUS UPON ENACTMENT.
  S 2. The opening paragraph of section 7-700  of  the  village  law  is
designated  subdivision  1 and two new subdivisions 2 and 3 are added to
read as follows:
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
ZONING ORDINANCE BY A VILLAGE THAT CREATES AN INCREASE  IN  THE  MINIMUM
LOT AREA, LOT FRONTAGE, OR LOT DEPTH WITHIN AN EXISTING ZONE ESTABLISHED
FOR RESIDENTIAL PROPERTIES BY A FACTOR OF TWO OR GREATER ABOVE THE LARG-
EST  SUCH  EXISTING  REQUIREMENTS  WITHIN  THE  CURRENT ZONING ORDINANCE
APPLICABLE TO  RESIDENTIAL  PROPERTIES  WITHIN  SUCH  VILLAGE  SHALL  BE
PRESUMED TO BE ARBITRARY AND CAPRICIOUS UPON SUCH ENACTMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14886-02-2

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