S T A T E O F N E W Y O R K
________________________________________________________________________
5841
2011-2012 Regular Sessions
I N A S S E M B L Y
March 2, 2011
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to the balancing
of public interests for governmental projects in municipalities having
zoning requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 12-B of the general municipal law is amended by
adding a new section 239-n-1 to read as follows:
S 239-N-1. BALANCING OF PUBLIC INTERESTS FOR GOVERNMENTAL PROJECTS IN
MUNICIPALITIES HAVING ZONING REQUIREMENTS. UNLESS OTHERWISE PROVIDED BY
LAW, AN ENCROACHING GOVERNMENTAL UNIT WHICH PROPOSES TO SPONSOR A
PROJECT WITHIN THE BOUNDARIES OF ONE OR MORE OTHER MUNICIPALITIES WHICH
HAVE ADOPTED ZONING REQUIREMENTS, SHALL DETERMINE WHETHER THE PROJECT IS
IMMUNE FROM SUCH ZONING, BASED UPON ITS ANALYSIS OF THE FOLLOWING
FACTORS:
1. THE NATURE AND SCOPE OF THE ENCROACHING GOVERNMENTAL UNIT SEEKING
IMMUNITY;
2. THE KIND OF FUNCTION OR LAND USE INVOLVED;
3. THE EXTENT OF THE PUBLIC INTEREST TO BE SERVED THEREBY;
4. THE EFFECT LOCAL LAND USE REGULATION WOULD HAVE UPON THE PROPOSED
PROJECT;
5. THE IMPACT UPON LEGITIMATE LOCAL INTERESTS;
6. THE ENCROACHING GOVERNMENTAL UNIT'S LEGISLATIVE GRANT OF AUTHORITY;
7. ALTERNATIVE LOCATIONS FOR THE PROPOSED PROJECT IN LESS RESTRICTIVE
ZONING AREAS;
8. ALTERNATIVE METHODS OF PROVIDING THE NEEDED IMPROVEMENT; AND
9. INTERGOVERNMENTAL PARTICIPATION IN THE PROJECT DEVELOPMENT PROCESS
AND AN OPPORTUNITY TO BE HEARD.
S 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09875-01-1