What's happening
This bill clarifies that zoning amendments in towns with four or more board members require a three-fourths majority if protested.
Why it matters
Clarifies voting requirements for contested zoning changes. The bill specifies that in towns with four or more board members, a higher threshold (three-fourths majority) is needed to approve zoning amendments if there is a formal protest, ensuring that significant opposition cannot be overridden by a simple majority.
Strengthens protections for minority or neighboring property owners. By raising the bar for passing protested zoning amendments, the bill gives more weight to the concerns of those who file formal objections, potentially making it harder for controversial changes to go through without broader consensus.
Reduces ambiguity for local governments and developers. The amendment removes uncertainty about the required majority in towns with varying board sizes, helping both officials and applicants understand the process and the likelihood of success for zoning amendments that face opposition.
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
Change Rezoning Vote Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local government
- Referred to local government
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1990
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT to amend the town law, in relation to changes in zoning
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of subdivision 1 of section 265 of the town law, as amended by chapter 606 of the laws of 1990, is amended to read as follows:
Such regulations, restrictions and boundaries may from time to time be amended. Such amendment shall be effected by a simple majority vote of the town board, except that if the town board consists of four or more members, that any such amendment shall require the approval of at least three-fourths of the members of the town board in the event such amendment is the subject of a written protest, presented to the town board and signed by:
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01644-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the town law, in relation to changes in zoning
Purpose or general idea of bill
To provide that town boards with less than four members, a simple major- ity will be necessary for zoning law amendments.
Summary of specific provisions
Section 1 - amends subdivision 1 of section 265 of the Town Law to provide that the requirement of three-fourths approval of the Town Board to amend the local law where objection has been made will only apply to boards that consist of four or more members.
Section 2 - provides that this act shall take effect immediately.
Justification
Section 265 provides that changes to town zoning regulations may be amended by a simple majority of the board except when objection to the proposal is made by specified numbers of affected land owners. When such objection is received by the board, passage of changes must be passed by at least three-fourths of the board. Recently, there has been a movement in some towns to reduce the size of their boards, sometimes to fewer than four members. In such case, the law, as presently written, effec- tively requires a unanimous vote to implement any zoning change, a requirement that was not intended or anticipated in the original law. This bill will remedy this unintended consequence.
Prior legislative history
2014 - S.6157 - LOCAL GOV'T 2015-16 - S.2646/A.7209 - LOCAL GOV'T/Local Gov't 2017/18 S.3778/A.2686 - LOCAL GOV'T/Local Gov't
Fiscal implications
None to state.
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.