Requires municipalities to provide notice of certain construction projects to those living within such municipality and those living within 500 feet of such projects.

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S6527-2011 Actions

• Feb 23, 2012: REFERRED TO LOCAL GOVERNMENT

S6527-2011 Memo

BILL NUMBER:S6527

TITLE OF BILL:
An  act  to  amend  the  general municipal law, in relation to providing
notice of certain construction projects

PURPOSE:
This legislation would  require  municipalities  to  provide  notice  of
certain construction projects.

SUMMARY OF PROVISIONS:
The  general  municipal  law  is  amended  by adding a new section 79 to
require that a municipality must notify in writing, within 60 days prior
to commencement of construction, to every person whose property boundary
is  within  five  hundred  feet  of  the  property  boundary   of   such
construction  project,  regardless  of  what  municipality  such persons
reside in.

Construction is defined as the erection of any new building or  facility
by  any municipality. It will not include road or highway work, repaving
or resurfacing.

JUSTIFICATION:
When a municipality makes a decision to erect a new building or facility
within their boundaries, the construction and/or the future project  can
have an impact on the immediate surrounding community near the project.

This  legislation takes this impact in to account and requires any muni-
cipality to notify in writing, within 60 days prior to  commencement  of
construction,  to  every  person  whose property boundary is within five
hundred feet of the property  boundary  of  such  construction  project,
regardless of what municipality such persons reside in.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This  act  shall  take  effect  on the ninetieth day after it shall have
become a law.

S6527-2011 Text

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

                                    6527

                              I N  SENATE

                              February 23, 2012
                                 ___________

  Introduced  by  Sen.  MARCELLINO  -- 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  providing
    notice of certain construction projects

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


    Section 1.   The general municipal law is  amended  by  adding  a  new
  section 79 to read as follows:

    S  79.  NOTICE  OF  CONSTRUCTION  PROJECTS.  1.  FOR  PURPOSES OF THIS
  SECTION:

    (A) THE TERMS "CONSTRUCTION  PROJECT"  OR  "PROJECT"  SHALL  MEAN  THE
  ERECTION  OF  ANY NEW BUILDING OR FACILITY BY ANY MUNICIPALITY AND SHALL
  INCLUDE, BUT NOT BE LIMITED TO A WATER TOWER, FIRE  STATION,  WASTEWATER
  TREATMENT  PLANT  OR MUNICIPAL GOVERNMENT BUILDING. SUCH TERMS SHALL NOT
  INCLUDE ANY ROAD OR HIGHWAY WORK, REPAVING OR RESURFACING.
    (B) "MUNICIPALITY" SHALL MEAN ANY CITY, TOWN, VILLAGE, COUNTY, AND ANY
  DISTRICTS THEREOF, INCLUDING, BUT NOT LIMITED TO  ANY  SEWER,  DRAINAGE,
  WATER,  WATER  QUALITY  TREATMENT,  PARK, PUBLIC PARKING, LIGHTING, SNOW
  REMOVAL, WATER SUPPLY, SIDEWALK, REFUSE AND  GARBAGE  DISTRICT,  AQUATIC
  PLANT GROWTH CONTROL DISTRICT OR AMBULANCE DISTRICT.
    2.  WITHIN  SIXTY  DAYS  PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION
  PROJECT, THE MUNICIPALITY RESPONSIBLE FOR SUCH PROJECT SHALL NOTIFY,  IN
  WRITING,  EVERY  PERSON  WHOSE  PROPERTY BOUNDARY IS WITHIN FIVE HUNDRED
  FEET OF THE PROPERTY BOUNDARY OF SUCH CONSTRUCTION  PROJECT,  REGARDLESS
  OF WHAT MUNICIPALITY SUCH PERSONS RESIDE IN.
    3.  THE  NOTICE  PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION SHALL
  INCLUDE, BUT NOT BE  LIMITED  TO  INFORMATION  ABOUT  THE  SIZE  OF  THE
  PROJECT,  THE CURRENT USE OF THE PROPERTY AND THE INTENDED USE AFTER THE
  COMPLETION OF SUCH PROJECT.
    S 2. This act shall take effect on the ninetieth day  after  it  shall
  have become a law.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14627-02-2