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Senate Bill S3658A

2011-2012 Legislative Session

Restricts authority of villages to regulate lot size for residential lots

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

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Bill Amendments

2011-S3658 - Details

Current Committee:
Senate Local Government
Law Section:
Village Law
Laws Affected:
Amd §7-700, Vil L
Versions Introduced in 2013-2014 Legislative Session:
S3003

2011-S3658 - Summary

Restricts authority of villages to regulate lot size for residential lots.

2011-S3658 - Sponsor Memo

2011-S3658 - Bill Text download pdf

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

                                  3658

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 1, 2011
                               ___________

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

AN ACT to amend the village law, in relation  to  the  minimum  size  of
  residential parcels

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

  Section 1. Section 7-700 of the village law  is  amended  to  read  as
follows:
  S 7-700 Grant of power. For the purpose of promoting the health, safe-
ty,  morals, or the general welfare of the community, the board of trus-
tees of a village is hereby empowered, by local  law,  to  regulate  and
restrict  the  height, number of stories and size of buildings and other
structures, the percentage of lot that may  be  occupied,  the  size  of
yards,  courts and other open spaces, the density of population, and the
location and use of buildings, structures and land for trade,  industry,
residence or other purposes.  PROVIDED, HOWEVER, THAT NO SUCH LOCAL LAW,
ENACTED  AFTER  JANUARY FIRST, TWO THOUSAND FIVE, SHALL REQUIRE THAT ANY
ONE OR TWO FAMILY RESIDENTIAL BUILDING OR  STRUCTURE  BE  SITUATE  ON  A
PARCEL  OF LAND WHICH EXCEEDS ONE-HALF OF ONE ACRE, OR THAT ANY THREE OR
FOUR FAMILY RESIDENTIAL BUILDING OR STRUCTURE BE SITUATE ON A PARCEL  OF
LAND  WHICH EXCEEDS THREE-QUARTERS OF ONE ACRE. As a part of the compre-
hensive plan and design, the village board is empowered by local law, to
regulate and restrict certain  areas  as  national  historic  landmarks,
special  historic sites, places and buildings for the purpose of conser-
vation, protection, enhancement and  perpetuation  of  these  places  of
natural heritage. Such regulations shall provide that a board of appeals
may  determine  and  vary  their application in harmony with the general
purpose and intent, and in accordance with  general  or  specific  rules
therein contained.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09485-01-1

              

2011-S3658A (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
Village Law
Laws Affected:
Amd §7-700, Vil L
Versions Introduced in 2013-2014 Legislative Session:
S3003

2011-S3658A (ACTIVE) - Summary

Restricts authority of villages to regulate lot size for residential lots.

2011-S3658A (ACTIVE) - Sponsor Memo

2011-S3658A (ACTIVE) - Bill Text download pdf

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

                                 3658--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 1, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 village law, in relation  to  the  minimum  size  of
  residential lots

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

  Section 1. Section 7-700 of the village law  is  amended  to  read  as
follows:
  S 7-700 Grant of power. For the purpose of promoting the health, safe-
ty,  morals, or the general welfare of the community, the board of trus-
tees of a village is hereby empowered, by local  law,  to  regulate  and
restrict  the  height, number of stories and size of buildings and other
structures, the percentage of lot that may  be  occupied,  the  size  of
yards,  courts and other open spaces, the density of population, and the
location and use of buildings, structures and land for trade,  industry,
residence  or  other purposes.  PROVIDED, HOWEVER, THAT A VILLAGE FORMED
AFTER JANUARY FIRST, TWO THOUSAND FIVE HAVING  A  POPULATION  OF  THIRTY
THOUSAND  OR LESS SHALL NOT REQUIRE A RESIDENTIAL LOT SIZE EXCEEDING THE
AVERAGE FOR AN IMPROVED RESIDENTIAL LOT SIZE IN THE VILLAGE AT THE  TIME
OF  SUCH  FORMATION. As a part of the comprehensive plan and design, the
village board is empowered  by  local  law,  to  regulate  and  restrict
certain  areas  as  national historic landmarks, special historic sites,
places and  buildings  for  the  purpose  of  conservation,  protection,
enhancement  and  perpetuation of these places of natural heritage. Such
regulations shall provide that a board of appeals may determine and vary
their application in harmony with the general purpose and intent, and in
accordance with general or specific rules therein contained.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09485-02-1

              

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