USA – NEW YORK Law and Practice Contributed by: Lindsey E. Haubenreich, Joseph P. Heins, Timothy P. Moriarty and Kimberly R. Nason, Phillips Lytle LLP
4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning Governmental authority over planning and zon - ing is derived from the state’s police power to promote the health, safety, and welfare of its citizens. This authority has been delegated to local municipalities through the General City Law, Town Law, and Village Law, which author - ize municipalities to exercise control over local zoning pursuant to the police power. The Munic - ipal Home Rule Law and the Statute of Local Governments provide additional independent authority for municipalities to adopt local zon - ing laws that are not inconsistent with state law. Local zoning laws must also be in accordance with a municipality’s comprehensive plan. While there may be regional approaches to particular land use issues, typically, each municipality has its own zoning laws and there is little consist - ency between differing municipalities. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction A municipality’s zoning code sets forth devel - opment criteria and regulations with respect to appearance and construction of structures. In addition, there may be supplemental/overlay design guidelines dependent on the parcel’s location within a specific neighbourhood or his - toric district. Compliance with design, appear - ance, and method of construction is normally handled through the site plan review process with the municipal planning board. This process should be consistent with the applicable zoning enabling law (General City Law, Town Law, and Village Law).
4.3 Regulatory Authorities The local municipal government is typically responsible for regulating development of indi - vidual parcels within the municipality, with input from municipal planning boards. The municipal zoning code provides a framework for decision- making in connection with the development of property, which is based upon the community’s preferences. In addition, the municipality’s land use plan bridges the municipality’s comprehen - sive plan and zoning code by recommending the appropriate type, intensity, and character of development. 4.4 Obtaining Entitlements to Develop a New Project New projects or major refurbishments typically require approvals from local municipal boards after a formal filing is made, and a public hear - ing is held. Compliance with the State Environ - mental Quality Review Act is often included in this process. Third parties or members of the public may appear at public hearings regarding the proposal, and the municipality may consider the opinions of the public in connection with its determination. Requests for variances require application to the municipal zoning board of appeals. Rezonings generally require an application to a municipal board for a zoning amendment, which is often referred to the municipal planning board for its review and recommendation. 4.5 Right of Appeal Against an Authority’s Decision Often, a municipality will have a specific section in its municipal code for appealing a relevant authority’s decision. An appeal will begin with an adverse determination by a code enforcement officer and is normally heard by the zoning board of appeals. Once all municipal avenues have
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