Bill S6625A-2011

Provides that certain zoning ordinances enacted by a town or village shall be deemed to be arbitrary and capricious upon enactment

Provides that certain zoning ordinances enacted by a town, village or city shall be deemed to be arbitrary and capricious upon enactment.

Details

Actions

  • Jun 21, 2012: COMMITTED TO RULES
  • Apr 26, 2012: ADVANCED TO THIRD READING
  • Apr 25, 2012: 2ND REPORT CAL.
  • Apr 19, 2012: 1ST REPORT CAL.557
  • Apr 11, 2012: PRINT NUMBER 6625A
  • Apr 11, 2012: AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
  • Mar 6, 2012: REFERRED TO LOCAL GOVERNMENT

Votes

VOTE: COMMITTEE VOTE: - Local Government - Apr 19, 2012
Ayes (7): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Klein
Excused (1): Oppenheimer

Memo

BILL NUMBER:S6625A              REVISED 04/23/12

TITLE OF BILL: An act to amend the town law and the village law, in relation to the enactment of certain zoning ordinances

PURPOSE OR GENERAL IDEA OF BILL: To prohibit the enactment of zoning ordinances by towns and villages that would render a majority of existing residential properties within the locality non-conforming.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 261 of the town law to add provisions restricting the enactment of a zoning ordinance by a town that would increase the minimum lot area, lot frontage, or lot depth within an existing zone established for residential properties by a factor of two or greater above the largest existing requirements within an existing zoning district. It additionally restricts the enactment of a zoning ordinance that would render more than half of the currently existing residential properties within a zone non-conforming. Such zoning changes shall be presumed to be arbitrary and capricious.

Section two amends section 7-700 of the village law to restrict the same zoning actions by villages.

Section three sets the enacting date.

JUSTIFICATION: Towns and villages are authorized to create and amend zoning requirements for municipal planning purposes. However, extreme changes to local codes can cause a disproportionate number of existing lots or parcels to become nonconforming under a newly enacted zoning scheme. In addition, increased scrutiny is appropriate in the creation of any new zone whose dimensional requirements are disproportionately larger than currently existing residential requirements.

This bill is intended to provide a measure of stability to property owners in the context of significant zoning changes.

This bill would place the burden of proof on the locality making changes to its zoning code that would radically alter the existing scheme by presuming such action to be arbitrary and capricious.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6625--A IN SENATE March 6, 2012 ___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the town law and the village law, in relation to the enactment of certain zoning ordinances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of section 261 of the town law is designated subdivision 1 and two new subdivisions 2 and 3 are added to read as follows: 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A ZONING ORDINANCE BY A TOWN THAT CREATES AN INCREASE IN THE MINIMUM LOT AREA, LOT FRONTAGE, OR LOT DEPTH WITHIN AN EXISTING ZONE ESTABLISHED FOR RESIDENTIAL PROPERTIES BY A FACTOR OF TWO OR GREATER ABOVE THE LARGEST SUCH EXISTING REQUIREMENTS WITHIN THE CURRENT ZONING ORDINANCE APPLICA- BLE TO RESIDENTIAL PROPERTIES WITHIN SUCH TOWN SHALL BE PRESUMED TO BE ARBITRARY AND CAPRICIOUS UPON SUCH ENACTMENT. 3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A ZONING ORDINANCE BY A TOWN THAT RESULTS IN RENDERING GREATER THAN HALF OF THE CURRENTLY EXISTING RESIDENTIAL PROPERTIES WITHIN THE ZONE NONCON- FORMING TO THE NEWLY ENACTED ZONING ORDINANCE SHALL BE PRESUMED TO BE ARBITRARY AND CAPRICIOUS UPON ENACTMENT. S 2. The opening paragraph of section 7-700 of the village law is designated subdivision 1 and two new subdivisions 2 and 3 are added to read as follows: 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A ZONING ORDINANCE BY A VILLAGE THAT CREATES AN INCREASE IN THE MINIMUM LOT AREA, LOT FRONTAGE, OR LOT DEPTH WITHIN AN EXISTING ZONE ESTABLISHED FOR RESIDENTIAL PROPERTIES BY A FACTOR OF TWO OR GREATER ABOVE THE LARG- EST SUCH EXISTING REQUIREMENTS WITHIN THE CURRENT ZONING ORDINANCE APPLICABLE TO RESIDENTIAL PROPERTIES WITHIN SUCH VILLAGE SHALL BE PRESUMED TO BE ARBITRARY AND CAPRICIOUS UPON SUCH ENACTMENT.
3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A ZONING ORDINANCE BY A VILLAGE THAT RESULTS IN RENDERING GREATER THAN HALF OF THE CURRENTLY EXISTING RESIDENTIAL PROPERTIES WITHIN THE ZONE NONCONFORMING TO THE NEWLY ENACTED ZONING ORDINANCE SHALL BE PRESUMED TO BE ARBITRARY AND CAPRICIOUS UPON ENACTMENT. S 3. This act shall take effect immediately.

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