Assembly Bill A293

2017-2018 Legislative Session

Requires governmental unit which proposes to sponsor a public project within a municipality with zoning to determine whether the project is immune from such zoning

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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multi-Sponsors

2017-A293 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add Art 12-B §239-n-1, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8350
2011-2012: A5841
2013-2014: A1714
2015-2016: A1057

2017-A293 (ACTIVE) - Summary

Requires a governmental unit which proposes to sponsor a public project within the boundaries of one or more other municipalities with zoning requirements, to consider a variety of factors to determine whether the project is immune from such zoning requirements.

2017-A293 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    293
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. STEC --
   read once and referred to the Committee on Local Governments
 
 AN  ACT to amend the general municipal law, in relation to the balancing
   of public interests for governmental projects in municipalities having
   zoning requirements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Article  12-B  of the general municipal law is amended by
 adding a new section 239-n-1 to read as follows:
   § 239-N-1.  BALANCING OF PUBLIC INTERESTS FOR GOVERNMENTAL PROJECTS IN
 MUNICIPALITIES HAVING ZONING REQUIREMENTS. UNLESS OTHERWISE PROVIDED  BY
 LAW,  AN  ENCROACHING  GOVERNMENTAL  UNIT  WHICH  PROPOSES  TO SPONSOR A
 PROJECT WITHIN THE BOUNDARIES OF ONE OR MORE OTHER MUNICIPALITIES  WHICH
 HAVE ADOPTED ZONING REQUIREMENTS, SHALL DETERMINE WHETHER THE PROJECT IS
 IMMUNE  FROM  SUCH  ZONING,  BASED  UPON  ITS  ANALYSIS OF THE FOLLOWING
 FACTORS:
   1. THE NATURE AND SCOPE OF THE ENCROACHING GOVERNMENTAL  UNIT  SEEKING
 IMMUNITY;
   2. THE KIND OF FUNCTION OR LAND USE INVOLVED;
   3. THE EXTENT OF THE PUBLIC INTEREST TO BE SERVED THEREBY;
   4.  THE  EFFECT LOCAL LAND USE REGULATION WOULD HAVE UPON THE PROPOSED
 PROJECT;
   5. THE IMPACT UPON LEGITIMATE LOCAL INTERESTS;
   6. THE ENCROACHING GOVERNMENTAL UNIT'S LEGISLATIVE GRANT OF AUTHORITY;
   7. ALTERNATIVE LOCATIONS FOR THE PROPOSED PROJECT IN LESS  RESTRICTIVE
 ZONING AREAS;
   8. ALTERNATIVE METHODS OF PROVIDING THE NEEDED IMPROVEMENT; AND
   9.  INTERGOVERNMENTAL PARTICIPATION IN THE PROJECT DEVELOPMENT PROCESS
 AND AN OPPORTUNITY TO BE HEARD.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.

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

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