Bill S2487-2013

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

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

Details

Actions

  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Jan 17, 2013: REFERRED TO LOCAL GOVERNMENT

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2487 2013-2014 Regular Sessions IN 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-
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.

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