|
|
|
Summary of Procedure for Adoption and Filing of Local Laws for Towns
in New York State
[See applicable
statutes and 19 NYCRR 130.1 et seq. for complete information.]
Introduction
A proposed local law may be introduced only
by a member of the Town Board at a meeting of such Board (or it may be
introduced by a Board member in a manner prescribed by rules of procedure
adopted by the Board for such purpose). [Municipal Home Rule Law §20,
Subdivision 4]
Review by Town
Board
It must be in its final form and either:
(a) upon the desks of the members at least seven (7) calendar days prior
to final passage; or (b) mailed to each of them at least ten (10) calendar
days prior to final passage, both exclusive of Sunday, unless the Supervisor
certifies as to the necessity for its immediate passage and such local
law be passed by the affirmative vote of two-thirds of the total voting
power of the Board. [Municipal Home Rule Law §20, Subdivision 4]
Notice of Public
Hearing
A public hearing is required before the Town
Board. Notice must be given at least five (5) days prior to hearing. The
five-day notice may be reduced to three (3) days by the adoption of a
local law so providing. There do not appear to be any statutory requirements
for the form or contents of the notice of hearing, and most municipalities
include either the title of the local law or a summary or description
of it (very few publish the entire local law in full). [Municipal Home
Rule Law §20, Subdivision 5]. (See below for special notice requirements
for Zoning Local Laws.)
Hearing Procedure;
Vote; Recording
At the hearing, interested parties may be
allowed to speak either for or against the local law.
The Board may vote on the proposed local law immediately after the
hearing or may delay the vote until the next meeting. A majority of
the full Board is necessary to approve the local law, and the names
and votes must be entered in the minutes. [Municipal Home Rule Law
§20, Subdivision 1]
There does not appear to be a requirement that the full text of the
local law be entered in the minutes, except for zoning laws and zoning
amendments (see below). However, it certainly would cause less confusion
to follow the same procedure for non-zoning laws as for zoning laws,
and the entry of such in the minutes eliminates any doubt as to what
was actually adopted.
If a mandatory or permissive referendum is required, the procedures
of the Municipal Home Rule Law must be followed. [Municipal Home
Rule Law § 25]
Certification;
Filing Forms
The adoption of the local law must be certified
by the Town Clerk after passage, and as to accuracy and procedure by the
Town Attorney. The certified copy shall contain only the text of the local
law (no underlines or brackets for material deleted, etc.) and shall be
on the forms prescribed by the Department of State (currently 8 1/2 by
11 inches; copy attached). [Municipal Home Rule Law §27, Subdivision
2]
Filing with Secretary
of State and Clerk
One (1) copy of each local law must be filed
with the Secretary of State within twenty (20) days of adoption by the
Town Board, and the State Records and Law Bureau requests that it be an
original or first copy. One (1) copy must be filed in the Clerk's office
as well.
For filing, local laws are sent to:
State Records and
Law Bureau
Department of State
162 Washington Avenue
Albany, NY 12231 |
Telephone:
518-474-2755 |
In the case of a local law subject to a mandatory referendum, such
local law must be filed with the Secretary of State within twenty (20)
days after approval by the electors; if the proposition is defeated,
the local law should not be filed. [A mandatory referendum must be at
least sixty (60) days after adoption of the local law.] If a permissive
referendum is required and no petition is received within the time limit
for filing same [usually forty-five (45) days], the local law should
be filed within twenty (20) days after the deadline for filing the petition
has passed [Municipal Home Rule Law §27]
Numbering of Local
Laws
Local laws shall be numbered consecutively,
beginning with No. 1 in each calendar year. Laws subject to referendum
should not be numbered until filed.
When Effective
A local law becomes effective twenty (20)
days after adoption and filing, unless otherwise provided in the local
law, and no local law shall take effect before it is filed. (Opinions
indicate that the failure to timely file the local law does not invalidate
or delay the effect, however.) [Municipal Home Rule Law §27]
Municipal Records
All local laws filed in the Clerk's office
shall be recorded in a separate book or books, which are to be indexed.
[Municipal Home Rule Law §27, Subdivision 6]
Zoning Local Laws
Special procedures for adoption of zoning
regulations by ordinance are found in §264 of the Town Law. An opinion
of the State Comptroller indicates that a town may enact zoning regulations
by local law, however; and many do so. The Town Law provides that at least
ten (10) days' notice of the time and place of the hearing shall be published
in a paper of general circulation, and service of written notice is also
required for certain zoning changes to property owners within five hundred
(500) feet (see statute for details). [Town Law § 264]
The procedural requirements relating to review by the County Planning
Board [General Municipal Law §§ 239-l and 239-m] and SEQR
[Article 8 of the Environmental Conservation Law and 6 NYCRR 617]
must also be observed. [Town Law § 264, Subdivision 3]
After adoption, every zoning law and amendment (including a map) shall
be entered in the minutes and a copy, summary or abstract thereof (excluding
the map) shall be published once in the official newspaper and a copy
of such local law (together with a summary or abstract of a map) shall
be posted in the office of the Clerk. Affidavits of such publication
and posting shall be filed with the Clerk. [Town Law § 264]
An ordinance shall take effect 10 days after publication and a local
law takes effect upon filing in the office of the Secretary of State,
but it can also take effect from the date of its service against a person
served personally with a certified copy.
Return
to top
|
