Skip to content
S6625Senate2011-2012 SessionSame asA10306

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

Sponsor Jack M. MartinsSD-7Affects Local Government
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Jack M. Martins

Senator · Senate District 7

Chair, Local Government

No co-sponsors yet.

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.557
  5. Print number 6625a
  6. Amend (t) and recommit to local government
  7. Referred to local government

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10306Assembly

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

In Assembly Committee · Local Governments · Sponsor Dov Hikind

Full text

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

Sponsor's 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 require- ments 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.

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