Senate Bill S162

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    162
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 2
 
 AN ACT to amend the general city law, the village law and the town  law,
   in  relation  to limiting a municipality's authority to impose certain
   zoning requirements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  24 of section 20 of the general city law, as
 amended by chapter 742 of the laws  of  1979,  is  amended  to  read  as
 follows:
   24.  [To] (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION,
 TO regulate and limit the height, bulk and location of  buildings  here-
 after  erected,  to regulate and determine the area of yards, courts and
 other open spaces, and to regulate the  density  of  population  in  any
 given  area,  and  for  said purposes to divide the city into districts.
 Such regulations shall be uniform for each class of buildings throughout
 any district, but the regulations in one or more  districts  may  differ
 from  those  in  other  districts. Such regulations shall be designed to
 secure safety from fire, flood and other  dangers  and  to  promote  the
 public  health  and welfare, including, so far as conditions may permit,
 provision for adequate light, air, convenience of access, and the accom-
 modation of solar energy systems and equipment and  access  to  sunlight
 necessary  therefor,  and  shall  be  made with reasonable regard to the
 character of buildings erected in each district, the value of  land  and
 the  use  to  which  it may be put, to the end that such regulations may
 promote public health, safety and welfare and the most desirable use for
 which the land of each district may be adapted and may tend to  conserve
 the  value  of  buildings  and  enhance the value of land throughout the
 city.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02119-01-3
              

 S. 162                              2
 
   (B) NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  NO  CITY
 SHALL:
   (I) ESTABLISH A MINIMUM LOT SIZE OF MORE THAN ONE THOUSAND TWO HUNDRED
 SQUARE FEET;
   (II) REQUIRE THE CONSTRUCTION OF OFF-STREET PARKING SPACES AS A CONDI-
 TION  OF PERMITTING CONSTRUCTION OF ANY BUILDING, EXCEPT THAT A CITY MAY
 REQUIRE THE CONSTRUCTION OF AN  OFF-STREET  AREA  FOR  THE  LOADING  AND
 UNLOADING OF FREIGHT OR OTHER DELIVERIES;
   (III)  PROHIBIT THE CONSTRUCTION AND OCCUPATION OF A DWELLING FOR FOUR
 OR FEWER FAMILIES ON A SINGLE LOT, OR  IMPOSE  RESTRICTIONS  ON  HEIGHT,
 SETBACKS,  FLOOR  AREA  RATIOS  OR  ANY  SIMILAR METRIC THAT EFFECTIVELY
 PREVENT THE CONSTRUCTION OR  OCCUPATION  OF  SUCH  A  DWELLING,  IN  ANY
 DISTRICT  IN  WHICH RESIDENTIAL CONSTRUCTION AND OCCUPATION IS OTHERWISE
 PERMITTED; OR
   (IV) PROHIBIT THE CONSTRUCTION AND OCCUPATION OF A DWELLING FOR SIX OR
 FEWER FAMILIES ON A  SINGLE  LOT,  OR  IMPOSE  RESTRICTIONS  ON  HEIGHT,
 SETBACKS,  FLOOR  AREA  RATIOS  OR  ANY  SIMILAR METRIC THAT EFFECTIVELY
 PREVENT THE CONSTRUCTION OR OCCUPATION OF SUCH A DWELLING, ON A  LOT  IN
 ANY  DISTRICT IN WHICH RESIDENTIAL CONSTRUCTION AND OCCUPATION IS OTHER-
 WISE PERMITTED IF SUCH LOT IS WITHIN ONE QUARTER MILE  OF  ANY  COMMUTER
 RAIL OR SUBWAY STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE METRO-
 POLITAN TRANSPORTATION AUTHORITY, THE PORT AUTHORITY OF NEW YORK AND NEW
 JERSEY, OR THE NEW JERSEY TRANSIT CORPORATION.
   § 2. Section 7-700 of the village law is amended to read as follows:
   § 7-700 Grant of power. [For] 1. EXCEPT AS PROVIDED IN SUBDIVISION TWO
 OF  THIS  SECTION,  FOR  the  purpose  of  promoting the health, safety,
 morals, or the general welfare of the community, the board  of  trustees
 of a village is hereby empowered, by local law, to regulate and restrict
 the  height,  number  of  stories and size of buildings and other struc-
 tures, the percentage of lot that may be occupied, the  size  of  yards,
 courts  and  other  open  spaces,  the  density  of  population, and the
 location and use of buildings, structures and land for trade,  industry,
 residence  or  other purposes.   As a part of the comprehensive plan and
 design, the village board is empowered by local  law,  to  regulate  and
 restrict  certain areas as national historic landmarks, special historic
 sites, places and buildings for the purpose of conservation, protection,
 enhancement and perpetuation of these places of natural  heritage.  Such
 regulations shall provide that a board of appeals may determine and vary
 their application in harmony with the general purpose and intent, and in
 accordance with general or specific rules therein contained.
   2.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, NO VILLAGE
 SHALL:
   A. ESTABLISH A MINIMUM LOT SIZE OF MORE THAN ONE THOUSAND TWO  HUNDRED
 SQUARE FEET;
   B.  REQUIRE  THE CONSTRUCTION OF OFF-STREET PARKING SPACES AS A CONDI-
 TION OF PERMITTING CONSTRUCTION OF ANY BUILDING, EXCEPT THAT  A  VILLAGE
 MAY  REQUIRE  THE CONSTRUCTION OF AN OFF-STREET AREA FOR THE LOADING AND
 UNLOADING OF FREIGHT OR OTHER DELIVERIES;
   C. PROHIBIT THE CONSTRUCTION AND OCCUPATION OF A DWELLING FOR  TWO  OR
 FEWER  FAMILIES  ON  A  SINGLE  LOT,  OR  IMPOSE RESTRICTIONS ON HEIGHT,
 SETBACKS, FLOOR AREA RATIOS  OR  ANY  SIMILAR  METRIC  THAT  EFFECTIVELY
 PREVENT  THE  CONSTRUCTION  OR  OCCUPATION  OF  SUCH  A DWELLING, IN ANY
 DISTRICT IN WHICH RESIDENTIAL CONSTRUCTION AND OCCUPATION  IS  OTHERWISE
 PERMITTED; OR
   D.  PROHIBIT  THE CONSTRUCTION AND OCCUPATION OF A DWELLING FOR SIX OR
 FEWER FAMILIES ON A  SINGLE  LOT,  OR  IMPOSE  RESTRICTIONS  ON  HEIGHT,
 S. 162                              3
 
 SETBACKS,  FLOOR  AREA  RATIOS  OR  ANY  SIMILAR METRIC THAT EFFECTIVELY
 PREVENT THE CONSTRUCTION OR OCCUPATION OF SUCH A DWELLING, ON A  LOT  IN
 ANY  DISTRICT IN WHICH RESIDENTIAL CONSTRUCTION AND OCCUPATION IS OTHER-
 WISE  PERMITTED  IF  SUCH LOT IS WITHIN ONE QUARTER MILE OF ANY COMMUTER
 RAIL OR SUBWAY STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE METRO-
 POLITAN TRANSPORTATION AUTHORITY, THE PORT AUTHORITY OF NEW YORK AND NEW
 JERSEY, OR THE NEW JERSEY TRANSIT CORPORATION.
   § 3. Section 261 of the town law, as amended by  chapter  458  of  the
 laws of 1997, is amended to read as follows:
   §  261.  Grant  of power; appropriations for certain expenses incurred
 under this article. [For] 1. EXCEPT AS PROVIDED IN  SUBDIVISION  TWO  OF
 THIS  SECTION,  FOR the purpose of promoting the health, safety, morals,
 or the general welfare of  the  community,  the  town  board  is  hereby
 empowered by local law or ordinance to regulate and restrict the height,
 number  of  stories  and  size  of  buildings  and other structures, the
 percentage of lot that may be occupied, the size of yards,  courts,  and
 other  open  spaces, the density of population, and the location and use
 of buildings, structures and land  for  trade,  industry,  residence  or
 other purposes; provided that such regulations shall apply to and affect
 only  such  part  of a town as is outside the limits of any incorporated
 village or  city;  provided  further,  that  all  charges  and  expenses
 incurred  under  this  article for zoning and planning shall be a charge
 upon the taxable property of that part of the town outside of any incor-
 porated village or  city.  The  town  board  is  hereby  authorized  and
 empowered  to make such appropriation as it may see fit for such charges
 and expenses, provided however, that such  appropriation  shall  be  the
 estimated  charges  and  expenses  less  fees,  if  any,  collected, and
 provided, that the amount so appropriated shall be assessed, levied  and
 collected from the property outside of any incorporated village or city.
 Such  regulations  may provide that a board of appeals may determine and
 vary their application in harmony with their general purpose and intent,
 and in accordance with general or specific rules therein contained.
   2. NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  NO  TOWN
 SHALL:
   A. ESTABLISH A MINIMUM LOT SIZE OF MORE THAN FIVE THOUSAND SQUARE FEET
 IF A LOT HAS ACCESS TO SEWER AND WATER INFRASTRUCTURE; OR
   B.  ESTABLISH  A  MINIMUM LOT SIZE OF MORE THAN TWENTY THOUSAND SQUARE
 FEET IN ANY AREA.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided that any city, town or village that
 has a local law, regulation or other policy that does  not  comply  with
 the  provisions  of  this act shall, prior to the effective date of this
 act, take any action necessary to ensure compliance with this  act  upon
 the effective date of the act.