Requires applicants seeking land use approval from a municipal corporation to certify compliance with applicable state zoning and building requirements

BILL NUMBER:S3833

Title of bill

An act to amend the general municipal law and the environmental conservation law, in relation to the granting of building permits and zoning variances by municipalities

Purpose or general idea of bill

This legislation would require applicants seeking land use approval from a municipal corporation to certify compliance with applicable state zoning and building requirements.

Summary of specific provisions

This legislation amends the General Municipal Law by adding a new § 79 to provide for compliance with state laws, rules, regulations and ordinances and has received any permits or licenses required by the state prior to seeking land use approval from a municipality.

Justification

Often, applicants go first to their local building department and get a building or demolition permit and start their project. Then, when they go before the State for wetlands applications or Department of Transportation permits or licenses and found not in compliance, they claim hardship because they have already invested so much into the project. This legislation would put a stop to this by requiring that before a municipality can issue a building permit or zoning variance, the applicant must certify to such municipality that the applicant has complied with all relevant state permits and licensing procedures for the premises.

Prior legislative history

2014: S.2487 Referred to Local Government/A.516 Referred to Local Governments 2011-2012: A.368 - Died in Local Governments; 2009-2010: A.2654/S.507 Passed Assembly, Remained in Senate Environmental Conservation; 2007-2008: A.2799/S.3035 Passed Assembly, Remained in Senate Environmental Conservation; 2005-2006: A.7461-B/S.5169-B Passed Assembly, Remained in Senate Environmental Conservation; A. 2004: A.7075-A / S.2990-A - Died in Local Governments; New legislation for 2003.

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law and shall apply to all applications for land use approval submitted on or after such effective date.