Senate Bill S328

2015-2016 Legislative Session

Authorizes the enactment of zoning laws and ordinances to regulate formula retail uses

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Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S328 (ACTIVE) - Details

See Assembly Version of this Bill:
A149
Current Committee:
Senate Local Government
Law Section:
Town Law
Laws Affected:
Add §261-d, Town L; add §7-703-b, Vil L; add §81-g, Gen City L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6789, A9626
2013-2014: S1771, A1216

2015-S328 (ACTIVE) - Summary

Authorizes the enactment of zoning laws and ordinances to regulate formula retail uses; defines "formula retail uses".

2015-S328 (ACTIVE) - Sponsor Memo

2015-S328 (ACTIVE) - Bill Text download pdf

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

    S. 328                                                    A. 149

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  --  Introduced by M. of A. THIELE, RAIA, SCHIMEL -- Multi-
  Sponsored by -- M. of A. BRENNAN,  GLICK,  TENNEY  --  read  once  and
  referred to the Committee on Local Governments

AN ACT to amend the town law, the village law, and the general city law,
  in relation to authorizing the enactment of zoning laws and ordinances
  to regulate formula retail uses

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

  Section 1. Legislative Findings.  The state legislature has  delegated
to  its  local  governments  the  authority to enact zoning and land use
regulations pursuant to a duly adopted comprehensive plan.   It is  well
established  that  such regulations may be enacted to promote such valid
public purposes as  the  protection  of  historic  character,  community
aesthetics,  distinctive  community  character,  and  the maintenance of
diverse and vibrant commercial areas.
  The legislature finds that  these  valid  public  purposes  are  being
threatened  in communities across the state by the phenomenon of formula
retail businesses which may serve to erode such  resources  as  historic
character, aesthetics, unique community character, and commercial diver-
sity that create a sameness that destroys community identity.
  Many  communities  across  the  nation  have  enacted laws to regulate
formula retail uses in order to mitigate these adverse impacts. However,
in New York, the statutes which delegate zoning and land  use  authority
to local governments are silent with regard to this new threat to commu-
nity  character.  As  a result, local governments have been reluctant to
enact regulations, fearing the uncertainty and potential litigation that

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

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