Hoem Town Happenings: “Faith-Based” Zoning Proposal Violates “Constitutional Based” Local Authority (By Supervisor George Hoehmann)

One of the core tenets of the New York State Constitution is the premise that the most local level of government should have the authority to regulate certain matters such as zoning. This concept is commonly known as “home rule” and is designed to put community planning and development rules in the hands of the elected officials closest to the residents who live in any given community. It makes complete sense that the people who live in Clarkstown should have the maximum amount of control of how our community grows. Unfortunately, Albany continues to push various iterations of “one-size-fits-all” housing mandates that trample our rights under home rule authority.

The latest proposal from Albany seeks to establish a “faith-based affordable housing act” mandating that every village, town, and city shall allow the construction and occupation of residential buildings of up to 50 units per acre with building heights of 55 feet on any property owned by a religious organization. Any church, mosque, temple, or religious corporation would be eligible to construct these developments.

This proposal presents a very real environmental threat as a full (SEQRA) environmental review of a project could not be required by local Planning Boards (as it currently is in Clarkstown). An applicant would only need to complete the minimal requirement of filing a Phase I Site Assessment form, perform soil and water testing compliant with DEC standards, and provide attestation that no state wetlands or drinking water laws would be violated.

A project meeting these standards would then go straight to the local building department for a permit request. The building department would be required to “ministerially and without discretionary review or a hearing approve applications for building permits under the bill within sixty days of an application.”

The rights and authorities of every local municipality in the state would be stripped away. Under this proposal local government could only require an applicant to provide sidewalks of up to 5 feet wide where “reasonable”, rear yard setbacks of up to 20 feet, side yard setbacks of up to 10 feet, and placement of curb cuts. Local building departments would only be able to enforce building and fire safety codes in existence at the state level, and no local government could enforce any laws restricting a “faith-based” development project in any other manner.

As we saw with the Governor’s previously failed Accessory Dwelling Unit proposal, this bill clearly violates home rule under the New York State Constitution, and should greatly alarm every homeowner in New York. I will fight to oppose any legislation or policy changes that eliminate local zoning control for millions of residents across New York State. This irresponsible proposal strikes at the very heart of the issue many of us care most about: the quality and character of our neighborhoods.

Responsible zoning is often a delicate balancing act between the rights of property owners and the safety and well-being of established residents. Change and development is inevitable, but is best achieved by allowing local communities to reasonably steer those changes rather than have them dictated in a ‘one size fits all’ fashion.

One size, top-down legislation on zoning simply doesn’t equate to responsible development, which is one of the reasons we have home rule in the first place. To quote directly from the New York State website, “The home rule powers enjoyed by local governments in this state are among the most advanced in the nation. By recognizing the extent of their powers and by continuing to exercise them, local governments can best avoid the erosion of such powers. In this fashion, local governments will not only serve the needs of the people, but will strengthen state-local relationships as well.”

Yes, there is a need for affordable housing, but there are better ways to accomplish this goal. Instead of dictating mandates, give our local  governments the financial and technical support to develop and implement responsible planning practices based on local knowledge and input. We know what works best in our communities, because we live here. Let us govern responsibly on the local level in accordance with our state constitution.annual winter pothole problem.