Bill Text: NY A10306 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that certain zoning ordinances enacted by a town, village or city shall be deemed to be arbitrary and capricious upon enactment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-22 - referred to local governments [A10306 Detail]

Download: New_York-2011-A10306-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10306
                                 I N  A S S E M B L Y
                                     May 22, 2012
                                      ___________
       Introduced by M. of A. HIKIND -- read once and referred to the Committee
         on Local Governments
       AN  ACT  to  amend  the town law and the village law, in relation to the
         enactment of certain zoning ordinances
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  opening  paragraph of section 261 of the town law is
    2  designated subdivision 1 and two new subdivisions 2 and 3 are  added  to
    3  read as follows:
    4    2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
    5  ZONING  ORDINANCE  BY A TOWN THAT CREATES AN INCREASE IN THE MINIMUM LOT
    6  AREA, LOT FRONTAGE, OR LOT DEPTH WITHIN AN EXISTING ZONE ESTABLISHED FOR
    7  RESIDENTIAL PROPERTIES BY A FACTOR OF TWO OR GREATER ABOVE  THE  LARGEST
    8  SUCH  EXISTING REQUIREMENTS WITHIN THE CURRENT ZONING ORDINANCE APPLICA-
    9  BLE TO RESIDENTIAL PROPERTIES WITHIN SUCH TOWN SHALL BE PRESUMED  TO  BE
   10  ARBITRARY AND CAPRICIOUS UPON SUCH ENACTMENT.
   11    3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
   12  ZONING  ORDINANCE  BY A TOWN THAT RESULTS IN RENDERING GREATER THAN HALF
   13  OF THE CURRENTLY EXISTING RESIDENTIAL PROPERTIES WITHIN THE ZONE NONCON-
   14  FORMING TO THE NEWLY ENACTED ZONING ORDINANCE SHALL BE  PRESUMED  TO  BE
   15  ARBITRARY AND CAPRICIOUS UPON ENACTMENT.
   16    S  2.  The  opening  paragraph  of section 7-700 of the village law is
   17  designated subdivision 1 and two new subdivisions 2 and 3 are  added  to
   18  read as follows:
   19    2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
   20  ZONING  ORDINANCE  BY  A VILLAGE THAT CREATES AN INCREASE IN THE MINIMUM
   21  LOT AREA, LOT FRONTAGE, OR LOT DEPTH WITHIN AN EXISTING ZONE ESTABLISHED
   22  FOR RESIDENTIAL PROPERTIES BY A FACTOR OF TWO OR GREATER ABOVE THE LARG-
   23  EST SUCH EXISTING  REQUIREMENTS  WITHIN  THE  CURRENT  ZONING  ORDINANCE
   24  APPLICABLE  TO  RESIDENTIAL  PROPERTIES  WITHIN  SUCH  VILLAGE  SHALL BE
   25  PRESUMED TO BE ARBITRARY AND CAPRICIOUS UPON SUCH ENACTMENT.
   26    3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY ENACTMENT OF A
   27  ZONING ORDINANCE BY A VILLAGE THAT RESULTS  IN  RENDERING  GREATER  THAN
   28  HALF  OF  THE  CURRENTLY EXISTING RESIDENTIAL PROPERTIES WITHIN THE ZONE
   29  NONCONFORMING TO THE NEWLY ENACTED ZONING ORDINANCE SHALL BE PRESUMED TO
   30  BE ARBITRARY AND CAPRICIOUS UPON ENACTMENT.
   31    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14886-03-2