Restricts authority of villages to regulate lot size for residential lots

BILL NUMBER:S3658A

Title of bill

An act to amend the village law, in relation to the minimum size of residential lots

Purpose

This bill would restrict the authority of villages to regulate lot size for residential property.

Summary of provisions

Section 1: Amends Section 7-700 of the village law is amended to read that "a village formed after January first, two thousand five having a population of thirty thousand or less shall not require a residential lot size exceeding the average for an improved residential lot size in the village at the time of such formation.

Justification

Some villages are adopting regulations that call for residential densities in excess of the surrounding town, totally reversing the original idea of a village to begin with. village zoning has become a tool of exclusion. These villages are formed as a "protection" against such a group or sect from settling in their community and forming their own village with a hamlet or cluster type environment. Once formed, the new village officials then proceed to "up zone" the area that the group or sect sought to utilize by increasing in some areas ignoring the traditional idea of a village.

This amendment would go a long way to curtailing the abuse of the delegated zoning power by communities seeking to exclude by way of high densities in new villages.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.