STATE OF NEW YORK ________________________________________________________________________ 6670 2023-2024 Regular Sessions IN ASSEMBLY April 28, 2023 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Local Governments AN ACT to amend the general city law, the town law and the village law, in relation to transit-oriented development The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Transit-Oriented Development act of 2023". 3 § 2. The general city law is amended by adding a new section 20-h to 4 read as follows: 5 § 20-h. Transit-oriented development. 1. (a) Notwithstanding the 6 provisions of any general, special, charter, local, or other law, 7 including the common law, to the contrary, all cities shall permit the 8 construction and occupation of dwelling units with a density of at least 9 twenty-five dwelling units per acre, on any land wherein residential 10 construction and occupation is otherwise permitted if such land is with- 11 in one-half mile of any covered transportation facility. 12 (b) For the purposes of this subdivision, a "covered transportation 13 center" shall be defined as: 14 (i) any rail station owned, operated or otherwise served by the New 15 Jersey transit corporation, or the metropolitan transportation author- 16 ity and its affiliated or subsidiary authorities, including, but not 17 limited to, the Metro-North railroad and the port authority of New 18 York and New Jersey, but not including the Long Island Rail Road, where 19 such station is not operated on a seasonal basis and such station is 20 located between one-half mile and sixty miles from the nearest border 21 of a city with a population of greater than one million people, as meas- 22 ured on a straight line from such city's nearest border to such rail 23 station; or 24 (ii) any bus stop or station with designated parking for riders 25 located between one-half mile and sixty miles from the nearest EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03877-01-3A. 6670 2 1 border of a city with a population greater than one million people as 2 measured on a straight line from such city's nearest border to such bus 3 stop or station; or 4 (iii) any rail station owned, operated or otherwise served by the Long 5 Island Rail Road that is not located within a city with a population 6 greater than one million people. 7 2. No city shall impose restrictions that effectively prevent the 8 construction or occupation of such dwellings, including, but not limited 9 to height, setbacks, floor area ratios, or parking. Nothing in this 10 section shall be interpreted to override the New York State Environ- 11 mental Quality Review Act or the New York State Uniform Fire Prevention 12 and Building Code Act, or regulations promulgated in accordance with any 13 such act, nor require the alteration or demolition of buildings desig- 14 nated as historical sites as of the date the act that created this 15 section was enacted pursuant to the New York State Historic Preservation 16 Act of 1980, as amended, or the National Historic Preservation Act of 17 1966, as amended. 18 3. A city's written or other comprehensive plan, zoning regulations, 19 special use permit regulations, subdivision regulations, site plan 20 review regulations, or any planning, zoning, or other land use tools 21 enacted under this title, the municipal home rule law, or any general, 22 special or other law, as applicable, shall conform to the requirements 23 set forth in this section. 24 4. (a) Upon a failure of a local government to act upon an application 25 to construct or occupy residences in accordance with this section, or 26 denial of such application in violation of this section, any party 27 aggrieved by any such failure or denial may commence a special proceed- 28 ing against the subject local government and the officer pursuant to 29 article seventy-eight of the civil practice law and rules, in the 30 supreme court within the judicial district in which the local government 31 or the greater portion of the territory is located, to compel compliance 32 with the provisions of this section. 33 (b) If, upon commencement of such proceeding, it shall appear to the 34 court that testimony is necessary for the proper disposition of the 35 matter, the court may take evidence and determine the matter. Alterna- 36 tively, the court may appoint a hearing officer pursuant to article 37 forty-three of the civil practice law and rules to take such evidence as 38 it may direct and report the same to the court with the hearing offi- 39 cer's findings of fact and conclusions of law, which shall constitute a 40 part of the proceedings upon which the determination of the court shall 41 be made. The court may reverse or affirm, wholly or partly, or may 42 modify any decision brought to the court for review. 43 (c) Costs shall not be allowed against the local government and the 44 officer whose failure or refusal gave rise to the special proceeding, 45 unless it shall appear to the court that the local government and its 46 officer acted with gross negligence or in bad faith or with malice. 47 § 3. The town law is amended by adding a new section 261-d to read as 48 follows: 49 § 261-d. Transit-oriented development. 1. (a) Notwithstanding the 50 provisions of any general, special, charter, local, or other law, 51 including the common law, to the contrary, all towns shall permit the 52 construction and occupation of dwelling units with a density of twenty- 53 five dwelling units per acre or more, on any land wherein residential 54 construction and occupation is otherwise permitted if such land is with- 55 in one-half mile of any covered transportation facility.A. 6670 3 1 (b) For the purposes of this subdivision, a "covered transportation 2 center" shall be defined as: 3 (i) any rail station owned, operated or otherwise served by the New 4 Jersey transit corporation, or the metropolitan transportation author- 5 ity and its affiliated or subsidiary authorities, including, but not 6 limited to, the Metro-North railroad and the port authority of New 7 York and New Jersey, but not including the Long Island Rail Road, where 8 such station is not operated on a seasonal basis and such station is 9 located between one-half mile and sixty miles from the nearest border 10 of a city with a population of greater than one million people, as meas- 11 ured on a straight line from such city's nearest border to such rail 12 station; or 13 (ii) any bus stop or station with designated parking for riders 14 located between one-half mile and sixty miles from the nearest 15 border of a city with a population greater than one million people as 16 measured on a straight line from such city's nearest border to such bus 17 stop or station; or 18 (iii) any rail station owned, operated or otherwise served by the Long 19 Island Rail Road that is not located within a city with a population 20 greater than one million people. 21 2. No town shall impose restrictions that effectively prevent the 22 construction or occupation of such dwellings, including, but not limited 23 to height, setbacks, floor area ratios, or parking. Nothing in this 24 section shall be interpreted to override the New York State Environ- 25 mental Quality Review Act or the New York State Uniform Fire Prevention 26 and Building Code Act, or regulations promulgated in accordance with any 27 such act, nor require the alteration or demolition of buildings desig- 28 nated as historical sites as of the date the act that created this 29 section was enacted pursuant to the New York State Historic Preservation 30 Act of 1980, as amended, or the National Historic Preservation Act of 31 1966, as amended. 32 3. A town's written comprehensive plan, zoning regulations, special 33 use permit regulations, subdivision regulations, site plan review regu- 34 lations, or any planning, zoning, or other land use tools enacted under 35 this title, the municipal home rule law, or any general, special or 36 other law, as applicable, shall conform to the requirements set forth in 37 this section. 38 4. (a) Upon a failure of a local government to act upon an application 39 to construct or occupy residences in accordance with this section, or 40 denial of such application in violation of this section, any party 41 aggrieved by any such failure or denial may commence a special proceed- 42 ing against the subject local government and the officer pursuant to 43 article seventy-eight of the civil practice law and rules, in the 44 supreme court within the judicial district in which the local government 45 or the greater portion of the territory is located, to compel compliance 46 with the provisions of this section. 47 (b) If, upon commencement of such proceeding, it shall appear to the 48 court that testimony is necessary for the proper disposition of the 49 matter, the court may take evidence and determine the matter. Alterna- 50 tively, the court may appoint a hearing officer pursuant to article 51 forty-three of the civil practice law and rules to take such evidence as 52 it may direct and report the same to the court with the hearing offi- 53 cer's findings of fact and conclusions of law, which shall constitute a 54 part of the proceedings upon which the determination of the court shall 55 be made. The court may reverse or affirm, wholly or partly, or may 56 modify any decision brought to the court for review.A. 6670 4 1 (c) Costs shall not be allowed against the local government and the 2 officer whose failure or refusal gave rise to the special proceeding, 3 unless it shall appear to the court that the local government and its 4 officer acted with gross negligence or in bad faith or with malice. 5 § 4. The village law is amended by adding a new section 7-700-a to 6 read as follows: 7 § 7-700-a Transit-oriented development. 1. (a) Notwithstanding the 8 provisions of any general, special, charter, local, or other law, 9 including the common law, to the contrary, all villages shall permit the 10 construction and occupation of dwelling units with a density of at least 11 twenty-five dwelling units per acre, on any land wherein residential 12 construction and occupation is otherwise permitted if such land is with- 13 in one-half mile of any covered transportation facility. 14 (b) For the purposes of this subdivision, a "covered transportation 15 center" shall be defined as: 16 (i) any rail station owned, operated or otherwise served by the New 17 Jersey transit corporation, or the metropolitan transportation author- 18 ity and its affiliated or subsidiary authorities, including, but not 19 limited to, the Metro-North railroad and the port authority of New 20 York and New Jersey, but not including the Long Island Rail Road, where 21 such station is not operated on a seasonal basis and such station is 22 located between one-half mile and sixty miles from the nearest border 23 of a city with a population of greater than one million people, as 24 measured on a straight line from such city's nearest border to such 25 rail station; or 26 (ii) any bus stop or station with designated parking for riders 27 located between one-half mile and sixty miles from the nearest 28 border of a city with a population greater than one million people as 29 measured on a straight line from such city's nearest border to such bus 30 stop or station; or 31 (iii) any rail station owned, operated or otherwise served by the Long 32 Island Rail Road that is not located within a city with a population 33 greater than one million people. 34 2. No village shall impose restrictions that effectively prevent the 35 construction or occupation of such dwellings, including, but not limited 36 to height, setbacks, floor area ratios, or parking. Nothing in this 37 section shall be interpreted to override the New York State Environ- 38 mental Quality Review Act or the New York State Uniform Fire Prevention 39 and Building Code Act, or regulations promulgated in accordance with any 40 such act, nor require the alteration or demolition of buildings desig- 41 nated as historical sites as of the date the act that created this 42 section was enacted pursuant to the New York State Historic Preservation 43 Act of 1980, as amended, or the National Historic Preservation Act of 44 1966, as amended. 45 3. A village's written or other comprehensive plan, zoning regu- 46 lations, special use permit regulations, subdivision regulations, site 47 plan review regulations, or any other planning, zoning, or other land 48 use tools enacted under this article, the municipal home rule law, or 49 any general, special or other law, as applicable, shall conform to the 50 requirements set forth in this section. 51 4. (a) Upon a failure of a local government to act upon an application 52 to construct or occupy residences in accordance with this section, or 53 denial of such application in violation of this section, any party 54 aggrieved by any such failure or denial may commence a special proceed- 55 ing against the subject local government and the officer pursuant to 56 article seventy-eight of the civil practice law and rules, in theA. 6670 5 1 supreme court within the judicial district in which the local government 2 or the greater portion of the territory is located, to compel compliance 3 with the provisions of this section. 4 (b) If, upon commencement of such proceeding, it shall appear to the 5 court that testimony is necessary for the proper disposition of the 6 matter, the court may take evidence and determine the matter. Alterna- 7 tively, the court may appoint a hearing officer pursuant to article 8 forty-three of the civil practice law and rules to take such evidence as 9 it may direct and report the same to the court with the hearing offi- 10 cer's findings of fact and conclusions of law, which shall constitute a 11 part of the proceedings upon which the determination of the court shall 12 be made. The court may reverse or affirm, wholly or partly, or may 13 modify any decision brought to the court for review. 14 (c) Costs shall not be allowed against the local government and the 15 officer whose failure or refusal gave rise to the special proceeding, 16 unless it shall appear to the court that the local government and its 17 officer acted with gross negligence or in bad faith or with malice. 18 § 5. This act shall take effect one year after the date upon which it 19 shall have become a law.