Bill Text: NY A01436 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to application and environmental assessment forms and city and village planning commissions.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Introduced - Dead) 2016-01-06 - referred to local governments [A01436 Detail]

Download: New_York-2015-A01436-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1436
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of  A.  PAULIN, MORELLE, COOK, SCHIMMINGER, SCHIMEL,
         ZEBROWSKI, CROUCH -- Multi-Sponsored by -- M. of A.  GOODELL,  HIKIND,
         LALOR,  RIVERA  --  read  once  and referred to the Committee on Local
         Governments
       AN ACT to amend the general municipal law, in relation to  the  applica-
         tion and environmental assessment form
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 236 of the general municipal  law,  as  amended  by
    2  chapter 892 of the laws of 1972, is amended to read as follows:
    3    S  236. General powers. 1. (A) The body creating such planning commis-
    4  sion may, at any time, by ordinance or local law or resolution,  provide
    5  that  the  following  matters,  or  any  one  or  more of them, shall be
    6  referred for report thereon, to such commission by  the  board,  commis-
    7  sion,  commissioner  or other public officer or officers of said city or
    8  village which is the final authority thereon before final action thereon
    9  by such authority: the adoption of any map  or  plan  of  said  city  or
   10  incorporated  village,  or part thereof, including drainage and sewer or
   11  water system plans or maps, and plans  or  maps  for  any  public  water
   12  front, or marginal street, or public structure upon, in or in connection
   13  with  such  front  or  street, or for any dredging, filling or fixing of
   14  lines with relation to said front; any change of any such maps or plans;
   15  the location of any public structure upon, in or in connection with,  or
   16  fixing  lines  with  relation  to said front; the location of any public
   17  building, bridge, statue or monument, highway,  park,  parkway,  square,
   18  playground  or  recreation  ground, or public open place of said city or
   19  village. In default of any such ordinance, local law or  resolution  all
   20  of said matters shall be so referred to said planning commission.
   21    (B)  The  body  creating such planning commission may, at any time, by
   22  ordinance, local law or resolution, fix the time within which such plan-
   23  ning commission shall report upon any matter or class of matters  to  be
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04868-01-5
       A. 1436                             2
    1  referred to it, with or without the further provision that in default of
    2  report  within  the time so fixed, the planning commission shall forfeit
    3  the right further to suspend action, as aforesaid  with  regard  to  the
    4  particular matter upon which it has so defaulted. In default of any such
    5  ordinance,  local law or resolution, no such action shall be taken until
    6  such report is so received, and no adoption, change, fixing or  location
    7  as  aforesaid by said final authority, prior thereto, shall be valid. No
    8  ordinance, local law or resolution shall deprive said  planning  commis-
    9  sion  of its right or relieve it of its duty, to report, at such time as
   10  it deems proper upon any matter at any time referred to it.
   11    2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
   12  THE  PROVISIONS  OF  LAW, RULES AND REGULATIONS IN EFFECT ON THE DATE AN
   13  APPLICATION AND AN ENVIRONMENTAL ASSESSMENT FORM ARE FILED WITH AN AGEN-
   14  CY, RELATING TO A PROPOSED ACTION, SHALL REMAIN IN EFFECT  AND  CONTINUE
   15  TO  APPLY  TO  THE REVIEW OF SUCH ACTION UNTIL THE FINAL DECISION OF ALL
   16  AGENCIES HAVING APPROVAL AUTHORITY AND ANY APPEALS THEREOF.
   17    3. This section shall not be construed as intended to limit or  impair
   18  the power of any art commission, park commission or commissioner, now or
   19  hereafter  existing by virtue of any provision of law, to refuse consent
   20  to the acceptance by any municipality of the gift of any work of art  to
   21  said  municipality,  without  reference  of the matter, by reason of its
   22  proposed location or otherwise, to said planning commission.  Nor  shall
   23  this section be construed as intended to limit or impair any other power
   24  of  any  such  art commission or affect the same, except in so far as it
   25  provides for reference or report, or both, on any  matter  before  final
   26  action thereon by said art commission.
   27    S 2. This act shall take effect immediately.