S T A T E O F N E W Y O R K
________________________________________________________________________
4266--B
2017-2018 Regular Sessions
I N S E N A T E
February 7, 2017
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government -- recom-
mitted to the Committee on Local Government in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the town law and the village law, in relation to requir-
ing local building and planning regulations to accommodate the use of
certain renewable and alternative energy sources
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 263 of the town law, as amended by chapter 602 of
the laws of 2003, is amended to read as follows:
§ 263. Purposes in view. Such regulations shall be made in accordance
with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, flood, panic and other dangers; to
promote health and general welfare; to provide adequate light and air;
to prevent the overcrowding of land; to avoid undue concentration of
population; to make provision for, so far as conditions may permit, the
accommodation of [solar energy systems and equipment and access to
sunlight necessary therefor] SOLAR THERMAL, PHOTOVOLTAICS, WIND, HYDRO-
ELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL GROUND SOURCE HEAT, TIDAL
ENERGY, WAVE ENERGY, OCEAN THERMAL, FARM WASTE ELECTRIC GENERATING
EQUIPMENT AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION
SIXTY-SIX-J OF THE PUBLIC SERVICE LAW, AND FUEL CELLS; to facilitate the
practice of forestry; to facilitate the adequate provision of transpor-
tation, water, sewerage, schools, parks and other public requirements.
Such regulations shall be made with reasonable consideration, among
other things, as to the character of the district and its peculiar suit-
ability for particular uses, and with a view to conserving the value of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01060-05-8
S. 4266--B 2
buildings and encouraging the most appropriate use of land throughout
such municipality.
§ 2. Section 7-704 of the village law, as amended by chapter 742 of
the laws of 1979, is amended to read as follows:
§ 7-704 Purposes in view. Such regulations shall be made in accordance
with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic, floods and other dangers; to
promote health and the general welfare; to provide adequate light and
air; to prevent the overcrowding of land; to avoid undue concentration
of population; to make provision for, so far as conditions may permit,
the accommodation of [solar energy systems and equipment and access to
sunlight necessary therefor] SOLAR THERMAL, PHOTOVOLTAICS, WIND, HYDRO-
ELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL GROUND SOURCE HEAT, TIDAL
ENERGY, WAVE ENERGY, OCEAN THERMAL, FARM WASTE ELECTRIC GENERATING
EQUIPMENT AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION
SIXTY-SIX-J OF THE PUBLIC SERVICE LAW AND FUEL CELLS; to facilitate the
adequate provision of transportation, water, sewerage, schools, parks
and other public requirements. Such regulations shall be made with
reasonable consideration, among other things, as to the character of the
district and its peculiar suitability for particular uses, and with a
view to conserving the value of buildings and encouraging the most
appropriate use of land throughout such municipality.
§ 3. This act shall take effect immediately.