HomeMy WebLinkAboutZoning & PlanningIMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution. the .................. ~ ....................................... of
.......... ~lO~0 ........... ,hartz, ! .......................requests the enactment o[~bill(No ..... 5~_6_Z ....... ),
entitled"
AN DIJT in relation to the zoning and planning powers of towns and villages
within the County of Suffolk.
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
[] The local government does not have the power to enact such legislation by local law.
E~_ Other facts, as set forth in the following "Explanation" establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
[] The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
[] The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a maiority of the total mem-
bership of the local legislative body, ~oth the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the_.word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
[n such case use the words "two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed) ...........................................................
Date: ................... 19 ..........
CLERK'S CERTIFICATION
I ........................................................... do hereby certify that I am Clerk of the ..............................
.......................................................................... of the ................... (;,;.~-t}7.-ci[~,.-t;;. or viilage-)- ..................
of ......................................................... and that on the ................ :__ day of
19 ......... such legislative body, at least.tw°]th!rds of the total membership having voted in favor thereof,
majority
approved the foregoing request. (stnkeoutone)
(Signed) ................................................................
(clerk)
(Print or type name below signature)
Date: ..................................... 19 .........
INSTRUCTIONS
Copies required:
Two dgned copies of this form. specifying the final bill number and title must be filed with each House
of the Legislature.
Examples:
· . ,:- (a) If the bill has been introduced in only one House of the Legislature, four copies o£ the request
.... ' f' ..... form must be filed, i.e.. two with the Senate and two wiil~ the'Assem_b~y~,z~.:
(b) If the identical bill has been introduced in both Houses. eight copies of the request form must
be filed, i.e., two with the Senate and two with the Assembly for the Senate bill and the same
for the Assembly bill.
Date of request:
The sigmng of a home rule request or the adoption of a resolution by the local legislative body approv-
ing such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case
of prefiled bills, the actual date of introduction is the first day of the legislative session. The request may be
signed or the resolution adopted the same day as the date of introduction.
Amended bills:
Each time the bill is amended a new request must be filed (with the appropriate number of copies) and the
new request must correctly identify the bill number as last amended. The signing of the request, and the date of
the supporting resolution, cannot precede the date of the amendment.
Transmittal .'
The signed forms should be sent as follows:
To Ihe Senate:
Home Rule Counsel
Senate Post Office
The Capitol
Albany. N. Y. 12224
To the Assembly:
Home Rule Counsel
Assembly Post Office
The Capitol
Albany, N. Y. 12224
Definition of terms:
Chic] executive officer.
In the case of a county, the elective or appointive chief executive officer, ff there be one, or otherwise the
chairman of the board of supervisors; in the case of a city or village, the mayor (not manager); and in
the case of a town, the supervisor. (Municipal Home Rule Law §40)
Local legislative body.
The board of supervisors, board of aldermen, common council, council, commission, town board, board
of trustees or other elective governmg board or body vested by state statute, charter or other law with
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2)
Local government.
A county, city, town or village (Const. Art. IX, §3; Municipal Home Rule Law §2)
Special law
A state statute which in terms and in effect applies tc one or more. but not all. counties (other than those
wholly included within a city) cities, towns or villages. (Const. Art. IX §3; Municipal Home Rule Law §2)
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law, §§20, 40)
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL $ I'ATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF $OUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
May 16, 1983
Honorable Kenneth P. LaValle
New York State Senator
1779 Middle Country Road
Centereach, New York 11720
Dear Senator LaValle:
In response to your letter of April 27th transmitting
Home Rule Request for Senate bill 5567, the Southold Town
Board, at a regular meeting held on May 10, 1983, adopted
a resolution opposing the enactment of Senate bill No. 5567,
entitled, "AN ACT in relation to the zoning and planning
powers of towns and villages within the County of Suffolk."
Very truly yours,
Judith T. Terry C/
Southold Town Clerk
CC:
Supervisor Martin Lang
Town of Southmapton
APR 2
TOWN OF SOUTHOLD
TO: Suffolk County Supervisors
Suffolk County Executive Peter F.
FROM: Supervisor Martin Lang
DATE: April 22, 1983
CohaIan
RE: Retention of Zoning Powers by the
Town (New Villages) ONlY
Please discuss the enclosed packet with your
Town Board. We know have a sponsor for this leg-
islation and a Home Rule message from each town
would be greatly appreciated.
Time is of the essence. Thanking you in ad-
vance for your support.
~m
Enclosure
AN ACT in relation to the zoning and planning powers of
Towns and Villages within the County of Suffolk.
SECTION 1.
Notwithstanding any provision of law to the contrary, towns
within the County of Suffolk shall retain their zoning and
planning powers pursuant to Article 16 of the Town Law over
all portions of those towns unincorporated as a village
upon the effective date of this act irrespective of the
inclusion thereof in a village after said date.
Nothing herein shall be construed so as to diminish, alter,
or modify the powers of villages as now or hereinafter
constituted within the County of Suffolk incorporated
before the effective date of this act with regard to zoning
and planning pursuant to Article 7 of the Village Law.
SECTION 2.
This act shall take effect immediately.
I. TITLE. AN ACT in relation to the zoning and planning powers
of towns and villages within the County of Suffolk.
II. SUM2~ARY OF PROVISIONS. This act would retain the zoning
and planning powers in the Towns of Suffolk County notwithstanding
the fact that parts of said territory may subsequently be
incorporated into villages.
III. PURPOSE. To prevent any further fractionalization of
comprehensive planning and zoning policies in Suffolk County.
Effects on Present Law. None.
IV. JUSTIFICATION. In 1936, the Nassau County Charter was
passed by the State Legislature and subsequently put into
effect in Nassau County. That charter, which is still in
effect today, gave towns continued zoning and planning powers
over all non-incorporated areas within a town irrespective
of the fact that parts of said territory might subsequently
be incorporated into a village. The purpose of this was to
prevent fractionalization of zoning and planning functions
which could be caused by a proliferation of villages.
Towns in Suffolk County are now beginning to see village
incorporation movements spring up which could fractionalize
their planning and zoning process.
In particular, the Pine Barrens area which is part of the
Ronkonkoma Moraine in Southampton Town is faced with an
incorporated movement. The area is a sole source acquifer
which is the only source of drinking water for the region.
A regional Pine Barrens Commission and the State Legislative
Commission on the Water Resource Needs of Long Island are
indicative of the environmental concern for the area and need
for a comprehensive approach.
MARTIN LANG, SUpERViSOR
Supervisor William R.
Southold Town Hal!
53095 Main Road
Southold, NY 11971
May 2, 1983
Pel! III and Town Boar<
TOWN OF SOUTHOLD
Dear Supervisor Pel! and Town Board Members:
Please find attached a packet of material relating
to state leotstatton concern!rig the zoning and planning
powers of towns within Suffolk County. Essentially, the
bill would provide that towns would retain the zoning and
planning powers over areas which are incorporated as new
villages after the effective date of the proposed bitl.
The authority of existing villages would not be effected.
This legis!at!on requires a home rule message from
all ten towns. The support of your town of this proposat
would be appreciated. The bil! has been introduced by
Senator LaVaIle in the Senate and Assemblyman Halpin in
the State Assembly. The bill numbers are S.5567 and
A.6665.
There is a precedent for this legislation. The State
Legislature provided the same powers for towns in Nassau
County in 1936. The law was upheld in a 1966 Appellate
Division decision which was affirmed by the Court of
Appeals without opinion.
This legislation is important to my Town to insure the
integrity of the Town Comprehensive Plan. In particular,
my Town has taken steps to protect its watershed areas
and the Pine Barrens. These initiatives will be seriously
jeopordized if the zoning and planning powers of the town
can be fragmented by the formation of new villages. The
state legislation would not prevent new villages, but would
simply retain zoning and pIanning in the towns. The attach-
ed materials further outine the need for the
Airy.
Adg. Date
TOWN OF SOUTHAMPTON
Quick action on home rule messages is needed if
the State Legislature is to have the opportunity to
act chLs year. Again, I urge your support and request
that action be taken on home rule messages as soon as
possible.
S i n c#~e;I y,~-
MARTIN LANG
Supervisor
nm
cc:
Suffolk County Supervisors
Enclosures
TOWN OF SOUTHAMPTON
Quick action on home rule messages is needed if
the State Legislature is to have the opportunity to
act this year. Again, I urge your support and request
that action be taken on home rule messages as soon as
possible.
Sinc~ly,~-
MARTIN LANG
Supervisor
nm
cc: Suffolk County Supervisors
Enclosures
THE SENATE
STATE OF NEW YORK
April 27, 1983
Mrs. Judith T. Terry, Town Clerk
Town of Sout~ld
Main Road
Southold, New York 11971
Constitutional provisions mandate that certain bills rec~ire
a Hc~Rule Request before the Legislature can act up~n them.
Senate bill 5567 is one such bill.
We respectfully request that your office c~lete the enclosed
forms and return th~ to us as so~n as possible.
Thank you for your help in this matter.
Sincerely yours,
Kenneth P. LaValle
Enclosures
Bill Number: As.sembl¥
~ccordance,',[~ A~mbly Bufe ,,j] (eJ
~ E~emo on original ~ra~t of bill
Senate 5~67' ' ~ Memo on amended bill
SponsOrs: M~mbe. r~ Of/k.~embly:
Senal:o~: JO=nne~'h .~_ TaVall~
Intraducml at the reques~ of
lqtle of Bill:
AN AC~ in relation to the zoning'and planning p~rs of towns and villages
within the County of Suffolk.
Purpose or General Idea of Bill:
To prevent .any further fractioD~! izatlon Of c~,'~reb~nsive planning and
zoning policies in Suffolk County. ·
£ffec~ of Pr~rr~ Law which This Bill would Alte~
Jus~p, ca"qon:
In 1936, f_he Nassau County Charter w-as passed by f_he Sta~ Legislature and.
subsequently put into effect in Nassau County. That charter, which is 'sill1
i~ effect %oday, ~ave tc~ms continue~ zoning and plan~ing powers ~ all
non?i~rpora~ed areas within a town irrespective of the fact that parts of
~ia 'territory might subsequently be incorporaP~=d into a v~] 1age. The purpose
of th'~s was to prevent frac~i~nalizatio~ of zoning and placating .func'cions
which could be caused by a pro] ! ferakion of villages.
Towns in Suffolk County are now beginning to see village incor~ora~-{on
movements spring up which could fractionalize %heir planning and zoning process.
In particular, tb~ Pine Baz~ns area which is part of ~....he Ronkonkama Morain~
in Southampton Town is faced with an incorporation n~vement. ~ area is a
sole source accf~{~er which is the only source of drinking %rater for ~3ae
..~e. aj.on. A reqional Pine B~z~ns Commission and the State Legislative Conmtission
on the Water P~source Needs of Long Island are indicative of the enviro~ml
concern for ~h~ area and need for a c~p£ehensive approach.
In addition, the area covered by the proposed incorporation in Southampton
W~S the subject of a zone change application which requested an eight fold '
ir. crea~ ';'~ density for the environmentally sensitive region. The zone change
~..~s .~.enied, but village incorporation has also begun which could upset the
current zoning. The effect coL%ld be to destroy the ~11 balanced Minster 'Plan
o5 the To~n. '
Pa~ 2
~re generally: ~ areas such as Suffolk where there is intense dev~lotmT~ntal
pressur~ on precious and vml,,~hle open space, lmrge landowners who are
displeased with a town's zoning policy can effectively circumvent that policy
by drawing a line around his pro~zty and 500 inhabitants and at tempt to fora
a village. The possibilities for disrupting comprehensive policies are
endless.
This law, if enacted, w~uld re~m~n the homm rule right to form villages, but
would stop th~ possibility of a frac%ionalized land use policy and the
adverse effects ~ch a policy could engender. Th~ powers of existing villages
would not be affected.
or Legislative Mistory:
~ l~plications for Sta~e and ~