Requires applicants seeking land use approval from a municipal corporation to certify compliance with applicable state zoning and building procedures and requirements.

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S2487-2013 Actions

• Jan 17, 2013: REFERRED TO LOCAL GOVERNMENT

S2487-2013 Memo

BILL NUMBER:S2487

TITLE OF BILL:  An act to amend the general municipal law and the
environmental conservation law, in relation to the granting of
building permits and zoning variances by municipalities

PURPOSE OR GENERAL IDEA OF BILL: This legislation would require
applicants seeking land use approval from a municipal corporation to
certify compliance with applicable state zoning and building
requirements.

SUMMARY OF SPECIFIC PROVISIONS: This legislation amends the General
Municipal Law by adding a new � 79 to provide for compliance with
state laws, rules, regulations and ordinances and has received any
permits or licenses required by the state prior to seeking land use
approval from a municipality.

JUSTIFICATION: Often, applicants go first to their local building
department and get a building or demolition permit and start their
project. Then, when they go before the State for wetlands applications
or Department of Transportation permits or licenses and found not in
compliance, they claim hardship because they have already invested so
much into the project. This legislation would put a stop to this by
requiring that before a municipality can issue a building permit or
zoning variance, the applicant must certify to such municipality that
the applicant has complied with all relevant state permits and
licensing procedures for the premises.

PRIOR LEGISLATIVE HISTORY: 2011-2012: A.368 - Died in Local
Governments; 20092010: A.2654/S.507 Passed Assembly, Remained in
Senate Environmental Conservation; 2007-2008: A.2799/S.3035 Passed
Assembly, Remained in Senate Environmental Conservation; 2005-2006:
A.7461-B/S.5169-B Passed Assembly, Remained in Senate Environmental
Conservation; A. 2004: A.7075-A / S.2990-A - Died in Local
Governments; New legislation for 2003.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law and shall apply to all applications for
land use approval submitted on or after such effective date.

S2487-2013 Text

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

                                    2487

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 17, 2013
                                 ___________

  Introduced  by  Sen.  LANZA  -- 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 and the environmental  conser-
    vation law, in relation to the granting of building permits and zoning
    variances by municipalities

    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.  COMPLIANCE  WITH  STATE  REQUIREMENTS FOR BUILDING AND ZONING.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO  THE
  CONTRARY,  ANY  APPLICANT  SEEKING  LAND  USE  APPROVAL FROM A MUNICIPAL
  CORPORATION  OR  SUBSIDIARY  THEREOF  SHALL,   WITH   RESPECT   TO   THE
  CONSTRUCTION,  DEVELOPMENT,  PLANNING,  IMPROVEMENT,  RECONSTRUCTION  OR
  REHABILITATION OF ANY FACILITY, BUILDING OR ANY OTHER CONSTRUCTION WHICH
  IS LOCATED OR PROPOSED TO BE LOCATED WITHIN SUCH  MUNICIPALITY,  CERTIFY
  TO  SUCH  MUNICIPAL CORPORATION THAT SUCH APPLICANT AND SUCH APPLICANT'S
  PROPOSED LAND USE ARE IN COMPLIANCE WITH STATE LAWS, RULES,  REGULATIONS
  AND  ORDINANCES AND HAS RECEIVED ANY PERMITS OR LICENSES REQUIRED BY THE
  STATE.
    S 2. Section 25-0403 of the environmental conservation law is  amended
  by adding a new subdivision 4 to read as follows:

    4.  NO  LOCAL GOVERNMENT SHALL ISSUE A PERMIT FOR CONSTRUCTION, ALTER-
  ATION, EXPANSION, OR DEMOLITION OR ANY ZONING VARIANCE UNTIL THE COMMIS-
  SIONER OR LOCAL GOVERNMENT HAS DETERMINED THAT THE  PROVISIONS  OF  THIS
  ARTICLE HAVE BEEN SATISFIED. IN ADDITION, NO CLAIMS OF HARDSHIP SHALL BE
  CONSIDERED IN REGARD TO COMPLIANCE WITH THIS ARTICLE.
    S  3. Section 24-0705 of the environmental conservation law is amended
  by adding a new subdivision 4-a to read as follows:

    4-A. NO LOCAL GOVERNMENT SHALL ISSUE A PERMIT FOR CONSTRUCTION, ALTER-
  ATION, EXPANSION, OR DEMOLITION OR ANY ZONING VARIANCE UNTIL THE COMMIS-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00781-01-3

 S. 2487                             2

  SIONER OR LOCAL GOVERNMENT HAS DETERMINED THAT THE  PROVISIONS  OF  THIS
  ARTICLE HAVE BEEN SATISFIED. IN ADDITION, NO CLAIMS OF HARDSHIP SHALL BE
  CONSIDERED IN REGARD TO COMPLIANCE WITH THIS ARTICLE.
    S  4.  This  act shall take effect on the ninetieth day after it shall
  have become a law and shall apply  to  all  applications  for  land  use
  approval submitted on or after such effective date.