S3658A-2011 Actions

• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jun 7, 2011: PRINT NUMBER 3658A
• Jun 7, 2011: AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
• Mar 1, 2011: REFERRED TO LOCAL GOVERNMENT

S3658A-2011 Memo

BILL NUMBER:S3658A

TITLE OF BILL:
An act
to amend the village law, in relation to the minimum size of residential
lots

PURPOSE:
This bill would restrict the authority of villages to regulate lot
size for residential property.

SUMMARY OF PROVISIONS:
Section 1: Amends Section 7-700 of the village law is amended to read
that "a village formed after January first, two thousand five having
a population of thirty thousand or less shall not require a
residential lot size exceeding the average for an improved
residential lot size in the village at the time of such formation.

JUSTIFICATION:
Some villages are adopting regulations that call for residential
densities in excess of the surrounding town, totally reversing the
original idea of a village to begin with. village zoning has become a
tool of exclusion. These villages are formed as a "protection"
against such a group or sect from settling in their community and
forming their own village with a hamlet or cluster type environment.
Once formed, the new village officials then proceed to "up zone" the
area that the group or sect sought to utilize by increasing in some
areas ignoring the traditional idea of a village.

This amendment would go a long way to curtailing the abuse of the
delegated zoning power by communities seeking to exclude by way of
high densities in new villages.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S3658A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3658--A
 2011-2012 Regular Sessions
 I N  SENATE
 March 1, 2011
 
 Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
 printed to be committed  to  the  Committee  on  Local  Government  -
 committee  discharged,  bill amended, ordered reprinted as amended and
 recommitted to said committee
 

AN ACT to amend the village law, in relation  to  the  minimum  size  of
 residential lots
 

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

 

Section 1.

Section 7-700 of the village law  is  amended  to  read  as
 follows:

 

S 7-700 Grant of power. For the purpose of promoting the health, safe
 ty,  morals, or the general welfare of the community, the board of trus
 tees of a village is hereby empowered, by local  law,  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, HOWEVER, THAT A VILLAGE FORMED
 AFTER JANUARY FIRST, TWO THOUSAND FIVE HAVING  A  POPULATION  OF  THIRTY
 THOUSAND  OR LESS SHALL NOT REQUIRE A RESIDENTIAL LOT SIZE EXCEEDING THE
 AVERAGE FOR AN IMPROVED RESIDENTIAL LOT SIZE IN THE VILLAGE AT THE  TIME
 OF  SUCH  FORMATION. 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.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09485-02-1

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