NY State Senate Bill 2015-S7031A

Archive: Last Bill Status - In Senate Committee Rules Committee

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
Jun 17, 2016	committed to rules
Jun 08, 2016	amended on third reading 7031a
May 18, 2016	advanced to third reading
May 17, 2016	2nd report cal.
May 16, 2016	1st report cal.825
Mar 17, 2016	referred to local government

Votes

- May 16, 2016 - Local Government Committee Vote
  S7031A
  
  7
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: May 16, 2016
      
      aye (7)
      
      Boyle
      
      Latimer
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie
      
      Valesky
      
      aye wr (2)
      
      Kaminsky
      
      Panepinto

Bill Amendments

Original

A (Active)

2015-S7031 - Details

See Assembly Version of this Bill:: A9658
Current Committee:: Senate Rules
Law Section:: General Municipal Law
Laws Affected:: Amd Art 5-K Head, add §119-ddd, Gen Muni L
Versions Introduced in 2017-2018 Legislative Session:: S1531, A1432

2015-S7031 - Summary

Relates to the creation and recognition of architectural districts.

2015-S7031 - Sponsor Memo

                                 BILL NUMBER:  S7031

 TITLE OF BILL :

An act to amend the general municipal law, in relation to the creation
and recognition of architectural districts

 PURPOSE :

To allow for the creation and recognition of architectural districts
statewide.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends the article heading of article 5-K of
the general municipal law to read as "Historic Preservation and
Architectural Districts."

Section 2 amends the general municipal law by adding a new section
119-ddd which states that the legislative body of a county, city, town
or village is hereby empowered to recognize and establish an
architectural district or commission with such powers as are necessary
to carry out all or any of the authority possessed by the municipality
for such creation, as the local legislative body deems appropriate.

Subdivision 2 of this section requires an individual to submit a

detailed plan setting forth architectural design characteristics such
as, but not limited to, natural areas, aesthetics, and open spaces
within the community.  These plans shall include a rendering, drawing,
sketch prepared to specifications that shows the arrangement, layout,
and design of the proposed architectural district and shall be
reviewed pursuant to subdivision three of this section.

Subdivision 3 of this section states that after notice and public
hearing by the governing board of such municipality, regarding a
proposed creation and recognition of an architectural district, such
board shall determine whether to recognize and establish such district
and preserve the qualities it deems qualifies as such district.

Subdivision 4 of this section states that the governing board of the
municipality in which an architectural district is created and
recognized, pursuant to subdivision three of this section, shall
determine the entity who shall enforce the preservation of such
district.

Section 3 states that this act shall take effect immediately.

 JUSTIFICATION :

Currently, neighborhoods can change their zoning to protect against
overdevelopment or apply for historic district designation to protect
the historic character of the neighborhood. Unfortunately, some
neighborhoods have been unsuccessful in obtaining either type of
protection due to the difficulty in getting an area zoned as a special
district or because of the overly restrictive qualifications that are
required for a historic district designation.

This bill would afford neighborhoods throughout the state an
alternative path for maintaining the character of their neighborhood
through a mechanism that is less stringent than is required to create
special zoning districts or landmark designations. By allowing
municipalities to establish architectural districts, residents will be
given another opportunity to retain the unique architectural integrity
of their community that would otherwise be lost to development.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7031 - Bill Text download pdf

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

                                  7031

                            I N  S E N A T E

                             March 17, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- 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, in relation to  the  creation
  and recognition of architectural districts

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

  Section 1. The article heading of article 5-K of the general municipal
law, as added by chapter 354 of the laws of 1980, is amended to read  as
follows:
            HISTORIC PRESERVATION AND ARCHITECTURAL DISTRICTS
  S  2.  The  general  municipal  law is amended by adding a new section
119-ddd to read as follows:
  S 119-DDD. ARCHITECTURAL DISTRICTS. IN ADDITION TO EXISTING POWERS AND
AUTHORITIES TO REGULATE BY PLANNING OR ZONING LAWS,  HISTORIC  PRESERVA-
TION  LAWS  AND  REGULATIONS  OR  BY  LOCAL LAWS AND REGULATIONS FOR THE
CREATION OF DISTRICTS, THE LEGISLATIVE BODY OF A COUNTY, CITY,  TOWN  OR
VILLAGE IS HEREBY EMPOWERED TO:
  1.  RECOGNIZE  AND  ESTABLISH  AN ARCHITECTURAL DISTRICT OR COMMISSION
WITH SUCH POWERS AS ARE NECESSARY TO CARRY OUT ALL OR ANY OF THE AUTHOR-
ITY POSSESSED BY THE MUNICIPALITY FOR SUCH CREATION, AS THE LOCAL LEGIS-
LATIVE BODY DEEMS APPROPRIATE.
  2. AN INDIVIDUAL SHALL SUBMIT A DETAILED PLAN SETTING FORTH  ARCHITEC-
TURAL DESIGN CHARACTERISTICS SUCH AS, BUT NOT LIMITED TO, NATURAL AREAS,
AESTHETICS,  AND  OPEN  SPACES  WITHIN  THE  COMMUNITY.  SUCH PLAN SHALL
INCLUDE A RENDERING, DRAWING, OR SKETCH PREPARED TO SPECIFICATIONS WHICH
SHOWS THE ARRANGEMENT, LAYOUT AND DESIGN OF THE  PROPOSED  ARCHITECTURAL
DISTRICT  AND  SHALL  BE  REVIEWED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION.
  3. AFTER NOTICE AND PUBLIC HEARING BY  THE  GOVERNING  BOARD  OF  SUCH
MUNICIPALITY, REGARDING A PROPOSED CREATION AND RECOGNITION OF AN ARCHI-
TECTURAL  DISTRICT,  SUCH BOARD SHALL DETERMINE WHETHER TO RECOGNIZE AND
ESTABLISH SUCH DISTRICT AND PRESERVE THE QUALITIES IT DEEMS QUALIFIES AS
SUCH DISTRICT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14685-01-6

S. 7031                             2

  4. THE GOVERNING BOARD OF THE MUNICIPALITY IN WHICH  AN  ARCHITECTURAL
DISTRICT  IS  CREATED  AND  RECOGNIZED, PURSUANT TO SUBDIVISION THREE OF
THIS SECTION, SHALL DETERMINE THE ENTITY WHO SHALL ENFORCE THE PRESERVA-
TION OF SUCH DISTRICT.
  S 3. This act shall take effect immediately.

2015-S7031A (ACTIVE) - Details

See Assembly Version of this Bill:: A9658
Current Committee:: Senate Rules
Law Section:: General Municipal Law
Laws Affected:: Amd Art 5-K Head, add §119-ddd, Gen Muni L
Versions Introduced in 2017-2018 Legislative Session:: S1531, A1432

2015-S7031A (ACTIVE) - Summary

Relates to the creation and recognition of architectural districts.

2015-S7031A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7031A

 TITLE OF BILL :

An act to amend the general municipal law, in relation to the creation
and recognition of architectural districts

 PURPOSE :

To allow for the creation and recognition of architectural districts
statewide.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends the article heading of article 5-K of
the general municipal law to read as "Historic Preservation and
Architectural Districts."

Section 2 amends the general municipal law by adding a new section
119-ddd which states that the governing board of a county, city, town
or village is hereby empowered to recognize and establish an
architectural district or commission with such powers as are necessary
to carry out all or any of the authority possessed by the municipality
for such creation, as the governing legislative body deems
appropriate.

Subdivision 2 of this section allows any resident of a municipality to
submit a detailed plan setting forth architectural design
characteristics such as, but not limited to, natural areas,
aesthetics, and open spaces within the community. These plans shall
include a rendering, drawing, sketch prepared to specifications that
shows the arrangement, layout, and design of the proposed
architectural district and shall be reviewed pursuant to subdivision
three of this section.

Subdivision 3 of this section states that after receiving such plan,
the municipality may hold a public hearing regarding a proposed
creation and recognition of an architectural district. After holding
the hearing, the governing board of the municipality may determine
whether to recognize and establish such district and preserve the
qualities it deems qualifies as such district.

Subdivision 4 of this section states that the governing board of the
municipality in which an architectural district is created and
recognized, pursuant to subdivision three of this section, shall
determine the local agency or department that shall enforce the
preservation of such district.

Section 3 states that this act shall take effect immediately.

 JUSTIFICATION :

Currently, neighborhoods can change their zoning to protect against
overdevelopment or apply for historic district designation to protect
the historic character of the neighborhood. Unfortunately, some
neighborhoods have been unsuccessful in obtaining either type of
protection due to the difficulty in getting an area zoned as a special
district or because of the overly restrictive qualifications that are
required for a historic district designation.

This bill would afford neighborhoods throughout the state an
alternative path for maintaining the character of their neighborhood
through a mechanism that is less stringent than is required to create
special zoning districts or landmark designations. By allowing
municipalities to establish architectural districts, residents will be

given another opportunity to retain the unique architectural integrity
of their community that would otherwise be lost to development.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7031A (ACTIVE) - Bill Text download pdf

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

                                 7031--A
    Cal. No. 825

                            I N  S E N A T E

                             March 17, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to amend the general municipal law, in relation to the creation
  and recognition of architectural districts

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

  Section 1. The article heading of article 5-K of the general municipal
law,  as added by chapter 354 of the laws of 1980, is amended to read as
follows:
            HISTORIC PRESERVATION AND ARCHITECTURAL DISTRICTS
  S 2. The general municipal law is amended  by  adding  a  new  section
119-ddd to read as follows:
  S 119-DDD. ARCHITECTURAL DISTRICTS. IN ADDITION TO EXISTING POWERS AND
AUTHORITIES  TO  REGULATE BY PLANNING OR ZONING LAWS, HISTORIC PRESERVA-
TION LAWS AND REGULATIONS OR BY  LOCAL  LAWS  AND  REGULATIONS  FOR  THE
CREATION OF DISTRICTS, THE GOVERNING BOARD OF A MUNICIPAL CORPORATION IS
HEREBY EMPOWERED TO:
  1.  RECOGNIZE  AND  ESTABLISH  AN ARCHITECTURAL DISTRICT OR COMMISSION
WITH SUCH POWERS AS ARE NECESSARY TO CARRY OUT ALL OR ANY OF THE AUTHOR-
ITY POSSESSED BY THE MUNICIPAL CORPORATION FOR  SUCH  CREATION,  AS  THE
GOVERNING BOARD DEEMS APPROPRIATE.
  2. ANY RESIDENT OF A MUNICIPAL CORPORATION MAY SUBMIT TO THE GOVERNING
BOARD OF SUCH MUNICIPAL CORPORATION A DETAILED PLAN SETTING FORTH ARCHI-
TECTURAL  DESIGN  CHARACTERISTICS  SUCH  AS, BUT NOT LIMITED TO, NATURAL
AREAS, AESTHETICS, AND OPEN SPACES. SUCH PLAN SHALL INCLUDE A RENDERING,
DRAWING, OR SKETCH PREPARED TO SPECIFICATIONS WHICH SHOWS  THE  ARRANGE-
MENT, LAYOUT AND DESIGN OF THE PROPOSED ARCHITECTURAL DISTRICT AND SHALL
BE REVIEWED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  3.  UPON  RECEIPT  OF SUCH PLAN, THE GOVERNING BOARD OF SUCH MUNICIPAL
CORPORATION MAY HOLD A PUBLIC HEARING REGARDING A PROPOSED CREATION  AND

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

                                                           LBD14685-02-6

S. 7031--A                          2

RECOGNITION  OF  THE  ARCHITECTURAL DISTRICT WITH NOTICE PROVIDED TO THE
AFFECTED COMMUNITY.
  4.  AFTER  NOTICE  AND  PUBLIC  HEARING BY THE GOVERNING BOARD OF SUCH
MUNICIPAL CORPORATION, REGARDING A PROPOSED CREATION AND RECOGNITION  OF
AN ARCHITECTURAL DISTRICT, SUCH BOARD MAY DETERMINE WHETHER TO RECOGNIZE
AND  ESTABLISH  SUCH DISTRICT AND PRESERVE THE QUALITIES IT DEEMS QUALI-
FIES AS SUCH DISTRICT.
  5. THE GOVERNING BOARD OF A MUNICIPAL CORPORATION IN WHICH  AN  ARCHI-
TECTURAL  DISTRICT  IS  CREATED  AND RECOGNIZED, PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION, SHALL DESIGNATE THE  LOCAL  AGENCY  OR  DEPARTMENT
THAT SHALL ENFORCE THE PRESERVATION OF SUCH DISTRICT.
  S 3. This act shall take effect immediately.

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Senate Bill S7031A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 16, 2016 - Local Government Committee Vote

Local Government Committee Vote: May 16, 2016

Bill Amendments

2015-S7031 - Details

2015-S7031 - Summary

2015-S7031 - Sponsor Memo

2015-S7031 - Bill Text download pdf

2015-S7031A (ACTIVE) - Details

2015-S7031A (ACTIVE) - Summary

2015-S7031A (ACTIVE) - Sponsor Memo

2015-S7031A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7031A

Share this bill

Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2015-S7031 - Details

2015-S7031 - Summary

2015-S7031 - Sponsor Memo

2015-S7031 - Bill Text download pdf

2015-S7031A (ACTIVE) - Details

2015-S7031A (ACTIVE) - Summary

2015-S7031A (ACTIVE) - Sponsor Memo

2015-S7031A (ACTIVE) - Bill Text download pdf

Comments