New York
Examples and Resources
Wal-Mart Stores V. Planning Board of North Elba, New York, 1998
Wal-Mart sued the town of North Elba, New York for denying them a conditional use permit. Wal-Mart argued that the Planning Board had been arbitrary and capricious because its decision “was not supported by substantial evidence.” The Planning Board, during the case, determined that Wal-Mart would…
Size Limit, Skaneateles, New York (1994)
This ordinance limits the size of a shopping centers to no larger than forty five thousand (45,000) s.f., stating that the “Town Board believes that it is appropriate and in the best interest of the Town of Skaneateles to reduce the size of shopping centers,” and critical “to the future welfare…
Ballston, New York, Moratorium (2005)
Facing a proposed supercenter, the Town Board proposed and passed a moratorium on building and development for a six month time period with the option to extend the moratorium after the six months, if required, while the Comprehensive Plan Review Committee reviews the Comprehensive Plan.
Interim Zoning Prohibiting Shopping Centers (1996)
New Paltz, New York The town passed an “interim rescission” of its zoning code, to “encourage and regulate the development of the appropriate scale shopping centers consistent with the general goals and specific objectives of the newly adopted Comprehensive Plan.” The New Paltz Comp Plan said…
Local Impacts Caused By Major Developments That Abut, Adjoin or are Adjacent to the Town (2000)
Mamaroneck, New York. This ordinance was drafted in response to a huge IKEA furniture store proposed for neighboring New Rochelle that was never approved. “Major development projects in areas that abut../.can result in substantial impacts to the streets and areas that surround them. The ordinance…
Skaneateles, New York, Joint Comprehensive Plan (2005)
Anticipating future land use pressures, Skaneateles’ key goal is “to protect those scenic and environmental qualities that distinguish this area and maintain(s) the local economic base.” Recognizing the phenomenon of sprawl, even in areas experiencing little population growth, the town seeks…
Town of Ballston, N.Y. Draft Comprehensive Plan (2005)
Citing obesity studies, safety issues, and quality of life concerns, Ballston makes the case for prioritizing pedestrians over cars in mixed-use zones. For other commercially zoned areas, the plan suggests a 60,000 s.f. building cap. It also specifies “performance standards for noise, light, vibration,…
New York State Zoning Moratorium
Memo from the Secretary of State explaining how the law regarding zoning moratoria work in New York state. Reviews the legal authority in New York state for enacting moratoria, and concludes that “moratoria have been upheld in New York where they are of reasonable and limited duration, where legitimate…
New York City Health Care Security Act (2005)
The goal of this law is to “help responsible businesses continue offering health care and expand access to health care for tens of thousands of working New Yorkers and their families, while indirectly saving tax-payers money.” Responding to Wal-Mart’s efforts to open stores in Manhattan, and…
Suffolk County Fair Share for Health Care Act (2005)
This Long Island, New York bill requires large supermarkets, including big box retailers that sell groceries, to contribute $3 in health care costs for each hour their employees work. Without pointing a finger directly at the world’s largest retailer, the legislature stated the proposed law’s…
