|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to local government|
|Jan 17, 2013||referred to local government|
senate Bill S2487
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2487 - Details
S2487 - Summary
Requires applicants seeking land use approval from a municipal corporation to certify compliance with applicable state zoning and building procedures and requirements.
S2487 - Sponsor Memo
BILL NUMBER:S2487 TITLE OF BILL: An act to amend the general municipal law and the environmental conservation law, in relation to the granting of building permits and zoning variances by municipalities PURPOSE OR GENERAL IDEA OF BILL: This legislation would require applicants seeking land use approval from a municipal corporation to certify compliance with applicable state zoning and building requirements. SUMMARY OF SPECIFIC PROVISIONS: This legislation amends the General Municipal Law by adding a new § 79 to provide for compliance with state laws, rules, regulations and ordinances and has received any permits or licenses required by the state prior to seeking land use approval from a municipality. JUSTIFICATION: Often, applicants go first to their local building department and get a building or demolition permit and start their project. Then, when they go before the State for wetlands applications or Department of Transportation permits or licenses and found not in compliance, they claim hardship because they have already invested so much into the project. This legislation would put a stop to this by requiring that before a municipality can issue a building permit or zoning variance, the applicant must certify to such municipality that the applicant has complied with all relevant state permits and
S2487 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2487 2013-2014 Regular Sessions I N S E N A T E January 17, 2013 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law and the environmental conser- vation law, in relation to the granting of building permits and zoning variances by municipalities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general municipal law is amended by adding a new section 79 to read as follows: S 79. COMPLIANCE WITH STATE REQUIREMENTS FOR BUILDING AND ZONING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ANY APPLICANT SEEKING LAND USE APPROVAL FROM A MUNICIPAL CORPORATION OR SUBSIDIARY THEREOF SHALL, WITH RESPECT TO THE CONSTRUCTION, DEVELOPMENT, PLANNING, IMPROVEMENT, RECONSTRUCTION OR REHABILITATION OF ANY FACILITY, BUILDING OR ANY OTHER CONSTRUCTION WHICH IS LOCATED OR PROPOSED TO BE LOCATED WITHIN SUCH MUNICIPALITY, CERTIFY TO SUCH MUNICIPAL CORPORATION THAT SUCH APPLICANT AND SUCH APPLICANT'S PROPOSED LAND USE ARE IN COMPLIANCE WITH STATE LAWS, RULES, REGULATIONS AND ORDINANCES AND HAS RECEIVED ANY PERMITS OR LICENSES REQUIRED BY THE STATE. S 2. Section 25-0403 of the environmental conservation law is amended by adding a new subdivision 4 to read as follows: 4. NO LOCAL GOVERNMENT SHALL ISSUE A PERMIT FOR CONSTRUCTION, ALTER- ATION, EXPANSION, OR DEMOLITION OR ANY ZONING VARIANCE UNTIL THE COMMIS- SIONER OR LOCAL GOVERNMENT HAS DETERMINED THAT THE PROVISIONS OF THIS ARTICLE HAVE BEEN SATISFIED. IN ADDITION, NO CLAIMS OF HARDSHIP SHALL BE CONSIDERED IN REGARD TO COMPLIANCE WITH THIS ARTICLE. S 3. Section 24-0705 of the environmental conservation law is amended by adding a new subdivision 4-a to read as follows: 4-A. NO LOCAL GOVERNMENT SHALL ISSUE A PERMIT FOR CONSTRUCTION, ALTER- ATION, EXPANSION, OR DEMOLITION OR ANY ZONING VARIANCE UNTIL THE COMMIS- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00781-01-3
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