Requires governmental unit which proposes to sponsor a public project within a municipality with zoning to determine whether the project is immune from such zoning

2 Co-sponsors

• Darrel J. Aubertine
• George Winner

Title of bill

An act to amend the general municipal law, in relation to the balancing of public interests for governmental projects in municipalities having zoning requirements

Purpose

To amend the general municipal law to promote compliance with municipal zoning requirements while at the same time promoting a balancing of public interests, intergovernmental cooperation and the resolution of potential and use disputes, thus enhancing the general welfare of the state and its communities.

Summary of provisions

Section one of the bill sets forth a new section 239-n-1 of Article 12-B of the general municipal law to provide a procedure for encroaching governmental units to follow when they propose a project in another municipality or municipalities with zoning requirements.

Subdivision one sets forth the process to be followed in conducting the balancing of interests test by encroaching governmental units using the factors established by the court of appeals in the MATTER OF COUNTY OF MONROE V. CITY OF ROCHESTER (1988), 72 NY2s 338, 533 NY2d 702.

Section 2 establishes the effective date for this legislation.

Existing law

This bill amends article 12-B of the general municipal law to add a new section to the law.

Justification

This bill provides in statute a procedure to be used for the balancing of the public interests when an encroaching governmental unit proposes to undertake a project within the boundaries of another municipality, which has adopted zoning requirements. Such a balancing will assist in the resolution of potential land use disputes among municipalities, thereby reducing lengthy and costly delays, while at the same time ensuring that the general welfare of the state and the communities impacted by the project are promoted.

A 1988 Court of Appeals case, MATTER OF COUNTY OF MONROE V. CITY OF ROCHESTER , established in case law a new method for gauging whether a project is immune from municipal land use regulations using a balancing of interests approach. According to Monroe, unless a state statute specifically exempts it, the governmental unit proposing a project is presumed to be subject to the zoning regulations of a municipality where a project will be located, and various factors, as outlined in the case, must be considered in determining whether or not it is in the public interest for the encroaching governmental unit to be subject to the zoning regulations of the municipality. Since MONROE , uncertainty and confusion has existed because neither case law nor existing land use statutes establish a procedure to initiate and conduct this balancing of interest determination or which governmental unit is responsible for formulating such analysis and determination.

This legislation clarifies in statute the responsible governmental unit and the factors such entity should consider in the balancing of public interests, as outlined in the Monroe case, thus giving local governmental units the guidance necessary to determine how the balancing of public interests should proceed.

Legislative history

2008: S.1131 Local Government; A.1302 Local Governments 2007: S.1131 Passed Senate; A.1302 Local Governments 2005/06: S.4916 Passed Senate; A.5782 Local Governments

Fiscal implications

None.

Effective date

This act shall take effect on the first of July next succeeding the date on which it shall have become a law.