Bill Text: NY A00293 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires a governmental unit which proposes to sponsor a public project within the boundaries of one or more other municipalities with zoning requirements, to consider a variety of factors to determine whether the project is immune from such zoning requirements.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - referred to local governments [A00293 Detail]

Download: New_York-2017-A00293-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           293
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 5, 2017
                                       ___________
        Introduced by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. STEC --
          read once and referred to the Committee on Local Governments
        AN  ACT to amend the general municipal law, in relation to the balancing
          of public interests for governmental projects in municipalities having
          zoning requirements
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Article  12-B  of the general municipal law is amended by
     2  adding a new section 239-n-1 to read as follows:
     3    § 239-n-1.  Balancing of public interests for governmental projects in
     4  municipalities having zoning requirements. Unless otherwise provided  by
     5  law,  an  encroaching  governmental  unit  which  proposes  to sponsor a
     6  project within the boundaries of one or more other municipalities  which
     7  have adopted zoning requirements, shall determine whether the project is
     8  immune  from  such  zoning,  based  upon  its  analysis of the following
     9  factors:
    10    1. the nature and scope of the encroaching governmental  unit  seeking
    11  immunity;
    12    2. the kind of function or land use involved;
    13    3. the extent of the public interest to be served thereby;
    14    4.  the  effect local land use regulation would have upon the proposed
    15  project;
    16    5. the impact upon legitimate local interests;
    17    6. the encroaching governmental unit's legislative grant of authority;
    18    7. alternative locations for the proposed project in less  restrictive
    19  zoning areas;
    20    8. alternative methods of providing the needed improvement; and
    21    9.  intergovernmental participation in the project development process
    22  and an opportunity to be heard.
    23    § 2. This act shall take effect on the first of July  next  succeeding
    24  the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02950-01-7