NY State Senate Bill 2011-S4226

Senate Bill S4226

Signed By Governor

2011-2012 Legislative Session

Authorizes city and village planning boards to grant more than 2 extensions of conditional approval of final plats

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 23, 2011	signed chap.561
Sep 12, 2011	delivered to governor
Jun 14, 2011	returned to senate passed assembly ordered to third reading rules cal.144 substituted for a7654
May 09, 2011	referred to cities delivered to assembly passed senate
Apr 11, 2011	advanced to third reading
Apr 06, 2011	2nd report cal.
Apr 05, 2011	1st report cal.313
Mar 24, 2011	referred to cities

Votes

- May 9, 2011 - Floor Vote
  S4226
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 9, 2011
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (1)
      
      Perkins
  Apr 5, 2011 - Committee Vote
  S4226
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Apr 5, 2011
      
      aye (6)
      
      Avella
      
      DeFrancisco
      
      Grisanti
      
      Lanza
      
      Oppenheimer
      
      Robach

2011-S4226 (ACTIVE) - Details

See Assembly Version of this Bill:: A7654
Law Section:: General City Law
Laws Affected:: Amd §32, Gen City L; amd §7-728, Vil L

2011-S4226 (ACTIVE) - Summary

Authorizes city and village planning boards to grant more than 2 extensions of conditional approval of final plats if warranted by the particular circumstances.

2011-S4226 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4226

TITLE OF BILL:
An act
to amend the general city law and the village law, in relation to
conditional approval of final plats

PURPOSE:
To authorize city and village planning boards to extend conditional
approval of a final plat if such extension is warranted by the
particular circumstances.

SUMMARY OF PROVISIONS:
Section 1 amends General City Law §32-7(c) to permit the city planning
board to extend conditional approval of a final plat for periods of
ninety days if such extension is warranted by the particular
circumstances.

Section 2 amends Village Law §7-728-7(c) to permit the village
planning board to extend conditional approval of a final plat for
periods of ninety days if such extension is warranted by the
particular circumstances.

Section 3 sets forth the immediate effective date.

JUSTIFICATION:

Under current law, conditional approval of the final plat expires
after 180 days, with a maximum of two (2) ninety day extensions. This
bill would simply give the planning board the discretion, upon a
determination that it is warranted, to extend the duration of the
conditional approval of the final plat. The current economic climate,
combined with the difficulty in obtaining project financing in many
cases, argues for giving the planning board the discretion to extend
conditional approval of the final plat. There are already significant
hurdles and expenses generated in residential development which
should not be compounded because of a time limitation that would
effectively terminate a project.

The municipality has made a significant investment in reviewing the
project and generating the conditions required for approval of the
plat. If additional time is required with no negative consequences to
the municipality, the planning board should have the appropriate
discretion.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act would take effect immediately.

2011-S4226 (ACTIVE) - Bill Text download pdf

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

                                  4226

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 24, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the general city law and the village law, in relation to
  conditional approval of final plats

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

  Section 1. Paragraph (c) of subdivision 7 of section 32 of the general
city  law,  as  added  by chapter 423 of the laws of 1995, is amended to
read as follows:
  (c) Duration  of  conditional  approval  of  final  plat.  Conditional
approval  of  the final plat shall expire within one hundred eighty days
after the resolution granting  such  approval  unless  all  requirements
stated in such resolution have been certified as completed. The planning
board may extend [by not more than two additional] FOR periods of ninety
days  each  the  time  in  which  a  conditionally approved plat must be
submitted for signature if, in the planning board's opinion, such exten-
sion is warranted by the particular circumstances.
  S 2. Paragraph (c) of subdivision 7 of section 7-728  of  the  village
law,  as  amended by chapter 486 of the laws of 1994, is amended to read
as follows:
  (c) Duration  of  conditional  approval  of  final  plat.  Conditional
approval  of  the final plat shall expire within one hundred eighty days
after the resolution granting  such  approval  unless  all  requirements
stated in such resolution have been certified as completed. The planning
board may extend [by not more than two additional] FOR periods of ninety
days  each  the  time  in  which  a  conditionally approved plat must be
submitted for signature if, in the planning board's opinion, such exten-
sion is warranted by the particular circumstances.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10095-01-1

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