Bill Text: NY A02247 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to providing notice of quorum requirements to applicants for building or site permits, variances, or subdivision plats at zoning board of appeals, local planning board, county planning board, and regional planning council meetings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-15 - referred to local governments [A02247 Detail]
Download: New_York-2025-A02247-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2247 2025-2026 Regular Sessions IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Local Governments AN ACT to amend the general city law, the town law, the village law and the general municipal law, in relation to providing notice of quorum requirements to applicants for a building or site permit, variance, or subdivision plat at zoning board of appeals and planning board meet- ings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 13 of section 81-a of the general city law is 2 amended by adding a new paragraph (c) to read as follows: 3 (c) Notice of quorum requirements. At the start of each meeting of a 4 board of appeals at which the adoption of a motion or resolution to 5 approve an application for a building or site permit, variance, or 6 subdivision plat shall be voted upon pursuant to paragraph (a) of this 7 subdivision, the chairperson of the board of appeals shall inform any 8 applicant for a building or site permit, variance, or subdivision plat 9 of the following: 10 (i) the number of members of the board of appeals who are present or 11 absent at such meeting; 12 (ii) the number of votes of the members of the board of appeals who 13 are currently present at such meeting that is required to approve an 14 application for a building or site permit, variance, or subdivision plat 15 pursuant to paragraph (a) of this subdivision; and 16 (iii) the right of such applicant to table their application for a 17 building or site permit, variance, or subdivision plat until a future 18 meeting of the board of appeals if such applicant believes that the 19 number of members of the board of appeals who are present or absent at 20 such meeting will substantially impair such applicant's chances of 21 getting their application for a building or site permit, variance, or 22 subdivision plat approved. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05071-01-5A. 2247 2 1 § 2. Subdivision 17 of section 27 of the general city law, as added by 2 chapter 662 of the laws of 2002, is amended to read as follows: 3 17. (a) Voting requirements. Every motion or resolution of a planning 4 board shall require for its adoption the affirmative vote of a majority 5 of all the members of the planning board. Where an action is the subject 6 of a referral to the county planning agency or regional planning council 7 the voting provisions of sections two hundred thirty-nine-m and two 8 hundred thirty-nine-n of the general municipal law shall apply. 9 (b) Notice of quorum requirements. At the start of each meeting of a 10 planning board at which the adoption of a motion or resolution to 11 approve an application for a building or site permit, variance, or 12 subdivision plat shall be voted upon pursuant to paragraph (a) of this 13 subdivision, the chairperson of the planning board shall inform any 14 applicant for a building or site permit, variance, or subdivision plat 15 of the following: 16 (i) the number of members of the planning board who are present or 17 absent at such meeting; 18 (ii) the number of votes of the members of the planning board who are 19 currently present at such meeting that is required to approve an appli- 20 cation for a building or site permit, variance, or subdivision plat 21 pursuant to paragraph (a) of this subdivision; and 22 (iii) the right of such applicant to table their application for a 23 building or site permit, variance, or subdivision plat until a future 24 meeting of the planning board if such applicant believes that the number 25 of members of the planning board who are present or absent at such meet- 26 ing will substantially impair such applicant's chances of getting their 27 application for a building or site permit, variance, or subdivision plat 28 approved. 29 § 3. Subdivision 13 of section 267-a of the town law is amended by 30 adding a new paragraph (c) to read as follows: 31 (c) Notice of quorum requirements. At the start of each meeting of a 32 board of appeals at which the adoption of a motion or resolution to 33 approve an application for a building or site permit, variance, or 34 subdivision plat shall be voted upon pursuant to paragraph (a) of this 35 subdivision, the chairperson of the board of appeals shall inform any 36 applicant for a building or site permit, variance, or subdivision plat 37 of the following: 38 (i) the number of members of the board of appeals who are present or 39 absent at such meeting; 40 (ii) the number of votes of the members of the board of appeals who 41 are currently present at such meeting that is required to approve an 42 application for a building or site permit, variance, or subdivision plat 43 pursuant to paragraph (a) of this subdivision; and 44 (iii) the right of such applicant to table their application for a 45 building or site permit, variance, or subdivision plat until a future 46 meeting of the board of appeals if such applicant believes that the 47 number of members of the board of appeals who are present or absent at 48 such meeting will substantially impair such applicant's chances of 49 getting their application for a building or site permit, variance, or 50 subdivision plat approved. 51 § 4. Subdivision 16 of section 271 of the town law, as added by chap- 52 ter 662 of the laws of 2002, is amended to read as follows: 53 16. (a) Voting requirements. Every motion or resolution of a planning 54 board shall require for its adoption the affirmative vote of a majority 55 of all the members of the planning board. Where an action is the subject 56 of a referral to the county planning agency or regional planning councilA. 2247 3 1 the voting provisions of sections two hundred thirty-nine-m and two 2 hundred thirty-nine-n of the general municipal law shall apply. 3 (b) Notice of quorum requirements. At the start of each meeting of a 4 planning board at which the adoption of a motion or resolution to 5 approve an application for a building or site permit, variance, or 6 subdivision plat shall be voted upon pursuant to paragraph (a) of this 7 subdivision, the chairperson of the planning board shall inform any 8 applicant for a building or site permit, variance, or subdivision plat 9 of the following: 10 (i) the number of members of the planning board who are present or 11 absent at such meeting; 12 (ii) the number of votes of the members of the planning board who are 13 currently present at such meeting that is required to approve an appli- 14 cation for a building or site permit, variance, or subdivision plat 15 pursuant to paragraph (a) of this subdivision; and 16 (iii) the right of such applicant to table their application for a 17 building or site permit, variance, or subdivision plat until a future 18 meeting of the planning board if such applicant believes that the number 19 of members of the planning board who are present or absent at such meet- 20 ing will substantially impair such applicant's chances of getting their 21 application for a building or site permit, variance, or subdivision plat 22 approved. 23 § 5. Subdivision 13 of section 7-712-a of the village law is amended 24 by adding a new paragraph (c) to read as follows: 25 (c) Notice of quorum requirements. At the start of each meeting of a 26 board of appeals at which the adoption of a motion or resolution to 27 approve an application for a building or site permit, variance, or 28 subdivision plat shall be voted upon pursuant to paragraph (a) of this 29 subdivision, the chairperson of the board of appeals shall inform any 30 applicant for a building or site permit, variance, or subdivision plat 31 of the following: 32 (i) the number of members of the board of appeals who are present or 33 absent at such meeting; 34 (ii) the number of votes of the members of the board of appeals who 35 are currently present at such meeting that is required to approve an 36 application for a building or site permit, variance, or subdivision plat 37 pursuant to paragraph (a) of this subdivision; and 38 (iii) the right of such applicant to table their application for a 39 building or site permit, variance, or subdivision plat until a future 40 meeting of the board of appeals if such applicant believes that the 41 number of members of the board of appeals who are present or absent at 42 such meeting will substantially impair such applicant's chances of 43 getting their application for a building or site permit, variance, or 44 subdivision plat approved. 45 § 6. Subdivision 17 of section 7-718 of the village law, as added by 46 chapter 662 of the laws of 2002, is amended to read as follows: 47 17. (a) Voting requirements. Every motion or resolution of a planning 48 board shall require for its adoption the affirmative vote of a majority 49 of all the members of the planning board. Where an action is the subject 50 of a referral to the county planning agency or regional planning council 51 the voting provisions of sections two hundred thirty-nine-m and two 52 hundred thirty-nine-n of the general municipal law shall apply. 53 (b) Notice of quorum requirements. At the start of each meeting of a 54 planning board at which the adoption of a motion or resolution to 55 approve an application for a building or site permit, variance, or 56 subdivision plat shall be voted upon pursuant to paragraph (a) of thisA. 2247 4 1 subdivision, the chairperson of the planning board shall inform any 2 applicant for a building or site permit, variance, or subdivision plat 3 of the following: 4 (i) the number of members of the planning board who are present or 5 absent at such meeting; 6 (ii) the number of votes of the members of the planning board who are 7 currently present at such meeting that is required to approve an appli- 8 cation for a building or site permit, variance, or subdivision plat 9 pursuant to paragraph (a) of this subdivision; and 10 (iii) the right of such applicant to table their application for a 11 building or site permit, variance, or subdivision plat until a future 12 meeting of the planning board if such applicant believes that the number 13 of members of the planning board who are present or absent at such meet- 14 ing will substantially impair such applicant's chances of getting their 15 application for a building or site permit, variance, or subdivision plat 16 approved. 17 § 7. Subdivision 5 of section 239-c of the general municipal law, as 18 added by chapter 662 of the laws of 2002, is amended to read as follows: 19 5. (a) Voting requirements. Every motion or resolution of a county 20 planning board shall require for its adoption the affirmative vote of a 21 majority of all the members of the county planning board. 22 (b) Notice of quorum requirements. At the start of each meeting of a 23 county planning board at which the adoption of a motion or resolution to 24 approve an application for a building or site permit, variance, or 25 subdivision plat shall be voted upon pursuant to paragraph (a) of this 26 subdivision, the chairperson of the county planning board shall inform 27 any applicant for a building or site permit, variance, or subdivision 28 plat of the following: 29 (i) the number of members of the county planning board who are present 30 or absent at such meeting; 31 (ii) the number of votes of the members of the county planning board 32 who are currently present at such meeting that is required to approve an 33 application for a building or site permit, variance, or subdivision plat 34 pursuant to paragraph (a) of this subdivision; and 35 (iii) the right of such applicant to table their application for a 36 building or site permit, variance, or subdivision plat until a future 37 meeting of the county planning board if such applicant believes that the 38 number of members of the county planning board who are present or absent 39 at such meeting will substantially impair such applicant's chances of 40 getting their application for a building or site permit, variance, or 41 subdivision plat approved. 42 § 8. Subdivision 6 of section 239-h of the general municipal law, as 43 added by chapter 662 of the laws of 2002, is amended to read as follows: 44 6. (a) Voting requirements. Every motion or resolution of a regional 45 planning council shall require for its adoption the affirmative vote of 46 a majority of all the members of the regional planning council. 47 (b) Notice of quorum requirements. At the start of each meeting of a 48 regional planning council at which the adoption of a motion or resol- 49 ution to approve an application for a building or site permit, variance, 50 or subdivision plat shall be voted upon pursuant to paragraph (a) of 51 this subdivision, the chairperson of the regional planning council shall 52 inform any applicant for a building or site permit, variance, or subdi- 53 vision plat of the following: 54 (i) the number of members of the regional planning council who are 55 present or absent at such meeting;A. 2247 5 1 (ii) the number of votes of the members of the regional planning coun- 2 cil who are currently present at such meeting that is required to 3 approve an application for a building or site permit, variance, or 4 subdivision plat pursuant to paragraph (a) of this subdivision; and 5 (iii) the right of such applicant to table their application for a 6 building or site permit, variance, or subdivision plat until a future 7 meeting of the regional planning council if such applicant believes that 8 the number of members of the regional planning council who are present 9 or absent at such meeting will substantially impair such applicant's 10 chances of getting their application for a building or site permit, 11 variance, or subdivision plat approved. 12 § 9. This act shall take effect immediately.
