New York State Town Law § 277(9) authorizes a town Planning Board to require a developer to provide a performance bond or other security covering the cost of installation of subdivision infrastructure and improvements in case the developer fails to finish the required work. Specifically, Town Law §277(9) states: “[a]s an alternative to the installation of infrastructure and improvements, as
Continue Reading Appellate Division Rules Town of Clarkson Code Provision Restricting Building Permits until Subdivision Infrastructure is Built, Null and Void
When Can A Municipal Board Approve a Contract “In Substance?” The Answer May Be Different in a Village Versus a Town
It turns out, according to the Supreme Court, Orange County, that the standards for review of municipal contracts are noticeably less stringent for New York Village Boards than for Town Boards. Village Boards may approve a contract in principal, allowing the Mayor some room for further negotiation and language changes. Town Boards must review and approve the actual, final contract
Failure to Refer Area Variance Application to County Planning Agency Poses Jurisdictional Defect and Nullifies Approvals
In Fichera, et al. v. New York State Dep’t of Envt’l Conserv., et al., decided last month, Petitioners commenced an Article 78 proceeding seeking to void actions taken and determinations made by the New York State Department of Environmental Conservation and the Zoning Board of Appeals of the Town of Sterling (“Sterling ZBA”) and to enjoin the
Continue Reading Failure to Refer Area Variance Application to County Planning Agency Poses Jurisdictional Defect and Nullifies Approvals
New York State Legislation Banning Prada, Kohl’s and Wal-Mart?
Yes, it’s true- the New York State Legislature has proposed legislation specifically designed to provide Towns, Villages and Cities with the authority to not only regulate, but to ban, all retail establishments which present a standardized branded marketing concept!
During the 2013-2014 Legislative Session, Legislative Bill S01771/A01216 was introduced for consideration by the New York State Legislature seeking to amend
Continue Reading New York State Legislation Banning Prada, Kohl’s and Wal-Mart?