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S4820Senate2009-2010 SessionSame asA6043

Provides that municipalities may not create zoning overlay districts unless they have entered into an intermunicipal agreement with another municipality

Sponsor Darrel J. AubertineSD-48Affects Local Government
Status
In Senate Committee
Local Government
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Local Government

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Who cares

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Sponsors

Primary sponsor
Darrel J. Aubertine

Senator · Senate District 48

No co-sponsors yet.

History

  1. Referred to local government
  2. Referred to local government

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the general municipal law, in relation to the use of zoning overlay districts

Purpose of bill

To more strictly define the use of zoning overlay districts.

Summary of provisions

Section 1 amends the general municipal law by adding a new section, 119-ee under Article 5-L. It states that before an overlay district is created there must be a written intermunicipal agreement with all the involved municipalities or a municipality must have exhausted all other methods. It requires that municipalities creating an overlay district must have a comprehensive plan. Municipalities must clearly define what community resource is to be protected, enhanced, or developed, and must show there is a compelling goal in the public interest that cannot be achieved any other way. The integrity of the underlying zoning must be preserved and there can be no increases in the permitted uses of the underlying zoning.

Section 2 contains the effective date.

Justification

Overlay districts are very loosely defined in the general municipal law. These special districts overlay primary zoning districts. Municipalities can create an overlay district that spans one or more underlying districts to protect, enhance, or develop a community resource. Municipalities have applied a broad definition of overlay districts, which has lead to increased use of the special zoning district. Overlay districts should rarely be used, but they have come to be used to supplant planning, rezoning, and SEQRA (State Environmental Quality Review Act) action. Specific uses are permitted in overlay districts, often differing from the uses permitted in the primary zoning. This bill would require municipalities seeking an overlay district to have a comprehensive zoning plan and define the resource to be protected, enhanced, or developed, among other things. The intention here is to promote zoning integrity and prevent abuses of overlay districts.

Legislative history

2007-08: S.7099, Referred to Local Government

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.