Bill S4226-2011

Authorizes city and village planning boards to grant more than 2 extensions of conditional approval of final plats

Authorizes city and village planning boards to grant more than 2 extensions of conditional approval of final plats if warranted by the particular circumstances.

Details

Actions

  • Sep 23, 2011: SIGNED CHAP.561
  • Sep 12, 2011: DELIVERED TO GOVERNOR
  • Jun 14, 2011: returned to senate
  • Jun 14, 2011: passed assembly
  • Jun 14, 2011: ordered to third reading rules cal.144
  • Jun 14, 2011: substituted for a7654
  • May 9, 2011: referred to cities
  • May 9, 2011: DELIVERED TO ASSEMBLY
  • May 9, 2011: PASSED SENATE
  • Apr 11, 2011: ADVANCED TO THIRD READING
  • Apr 6, 2011: 2ND REPORT CAL.
  • Apr 5, 2011: 1ST REPORT CAL.313
  • Mar 24, 2011: REFERRED TO CITIES

Votes

VOTE: COMMITTEE VOTE: - Cities - Apr 5, 2011
Ayes (6): Lanza, DeFrancisco, Grisanti, Robach, Avella, Oppenheimer

Memo

BILL NUMBER:S4226

TITLE OF BILL: An act to amend the general city law and the village law, in relation to conditional approval of final plats

PURPOSE: To authorize city and village planning boards to extend conditional approval of a final plat if such extension is warranted by the particular circumstances.

SUMMARY OF PROVISIONS: Section 1 amends General City Law §32-7(c) to permit the city planning board to extend conditional approval of a final plat for periods of ninety days if such extension is warranted by the particular circumstances.

Section 2 amends Village Law §7-728-7(c) to permit the village planning board to extend conditional approval of a final plat for periods of ninety days if such extension is warranted by the particular circumstances.

Section 3 sets forth the immediate effective date.

JUSTIFICATION: Under current law, conditional approval of the final plat expires after 180 days, with a maximum of two (2) ninety day extensions. This bill would simply give the planning board the discretion, upon a determination that it is warranted, to extend the duration of the conditional approval of the final plat. The current economic climate, combined with the difficulty in obtaining project financing in many cases, argues for giving the planning board the discretion to extend conditional approval of the final plat. There are already significant hurdles and expenses generated in residential development which should not be compounded because of a time limitation that would effectively terminate a project.

The municipality has made a significant investment in reviewing the project and generating the conditions required for approval of the plat. If additional time is required with no negative consequences to the municipality, the planning board should have the appropriate discretion.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act would take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4226 2011-2012 Regular Sessions IN SENATE March 24, 2011 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the general city law and the village law, in relation to conditional approval of final plats THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 7 of section 32 of the general city law, as added by chapter 423 of the laws of 1995, is amended to read as follows: (c) Duration of conditional approval of final plat. Conditional approval of the final plat shall expire within one hundred eighty days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The planning board may extend [by not more than two additional] FOR periods of ninety days each the time in which a conditionally approved plat must be submitted for signature if, in the planning board's opinion, such exten- sion is warranted by the particular circumstances. S 2. Paragraph (c) of subdivision 7 of section 7-728 of the village law, as amended by chapter 486 of the laws of 1994, is amended to read as follows: (c) Duration of conditional approval of final plat. Conditional approval of the final plat shall expire within one hundred eighty days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The planning board may extend [by not more than two additional] FOR periods of ninety days each the time in which a conditionally approved plat must be submitted for signature if, in the planning board's opinion, such exten- sion is warranted by the particular circumstances. S 3. This act shall take effect immediately.

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