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Assembly Bill A10306

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 Assembly Committee

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2011-A10306 (ACTIVE) - Details

See Senate Version of this Bill:
S6625
Current Committee:
Assembly Local Governments
Law Section:
Town Law
Laws Affected:
Amd §261, Town L; amd §7-700, Vil L

2011-A10306 (ACTIVE) - Summary

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

2011-A10306 (ACTIVE) - Bill Text download pdf 

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

                                  10306

                          I N  A S S E M B L Y

                              May 22, 2012
                               ___________

Introduced by M. of A. HIKIND -- read once and referred to the Committee
  on Local Governments

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.
  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
NONCONFORMING TO THE NEWLY ENACTED ZONING ORDINANCE SHALL BE PRESUMED TO
BE ARBITRARY AND CAPRICIOUS UPON ENACTMENT.
  S 3. This act shall take effect immediately.

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