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Senate Bill S3833

2015-2016 Legislative Session

Requires applicants seeking land use approval from a municipal corporation to certify compliance with applicable state zoning and building requirements

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

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2015-S3833 (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add §79, Gen Muni L; amd §§25-0403 & 24-0705, En Con L
Versions Introduced in 2013-2014 Legislative Session:
S2487

2015-S3833 (ACTIVE) - Summary

Requires applicants seeking land use approval from a municipal corporation to certify compliance with applicable state zoning and building procedures and requirements.

2015-S3833 (ACTIVE) - Sponsor Memo

2015-S3833 (ACTIVE) - Bill Text download pdf 

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

                                  3833

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

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.
                                                           LBD01105-01-5

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