BILL NO A00491
SAME AS No same as
SPONSOR Paulin (MS)
Amd S239-m, Gen Muni L
Provides for the applicability of provisions governing referral of certain
municipal planning and zoning actions to county planning agencies or regional
planning councils to all counties, including counties operating under a county
charter, except counties wholly contained within a city.
TITLE OF BILL:
to amend the general municipal law, in relation to the referral of
certain proposed city, town, and village planning and zoning actions to
the county planning agency or regional planning council
PURPOSE OR GENERAL IDEA OF BILL: This legislation
will amend general municipal law so that chartered counties not wholly
contained within a city are subject to the same laws regarding municipal
planning and zoning actions which govern non chartered counties.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends
Section 239-M of the general municipal law by adding a new subdivision
that extends applicability of Section 239-M to counties operating under
a county charter.
Section 2: Defines date of enactment.
JUSTIFICATION: The extra territorial effect of
development decisions made by local governments on surrounding
communities and the region, including impacts on water and air quality,
make regional planning essential to sound progress in this state.
Section 239-m provides a framework for bringing county input to bear on
local governmental decisions so that inter-community and county wide
concerns are addressed. The current law carefully lays out the zoning
and planning actions that are subject to review by the county and
balances the interests of counties in reviewing and acting upon their
views against the interests of municipalities to ensure that essential
regional interests are given due consideration. The proposed change
would ensure that all counties, except those contained wholly within
cities, adhere to this deliberately structured framework.
PRIOR LEGISLATIVE HISTORY:
A1076, 2011 and 2012 referred to local governments.
A1024, 2009 and 2010 referred to local governments.
A7236, 2007 and 2008 referred to local governments.
A1775, 2005 and 2006 referred to local governments.
A.4556, 2003 and 2004 referred to local governments
A10647, 2002 referred to local governments
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the
first of January following enactment.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 9, 2013
Introduced by M. of A. PAULIN -- Multi-Sponsored by -- M. of A. HOOPER
-- read once and referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to the referral
of certain proposed city, town, and village planning and zoning
actions to the county planning agency or regional planning council
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 239-m of the general municipal law is amended by
2 adding a new subdivision 7 to read as follows:
3 7. APPLICABILITY. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
4 COUNTIES, INCLUDING BUT NOT LIMITED TO COUNTIES OPERATING UNDER COUNTY
5 CHARTERS; PROVIDED THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
6 TO A COUNTY WHOLLY CONTAINED WITHIN A CITY.
7 S 2. This act shall take effect on the first of January next succeed-
8 ing the date on which it shall have become a law and shall apply to all
9 proposed actions on which a referring body has not taken final action on
10 and after the effective date of this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.