Bill Text: NY S04554 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to vested rights of property owners relating to the development of their land in the counties of Dutchess, Orange, Putnam, Rockland and Westchester; requires notice by applicant to property owners within 250 feet of land development application; provides for the repeal of such provisions 6 years after they take effect.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO LOCAL GOVERNMENT [S04554 Detail]

Download: New_York-2011-S04554-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4554--A
           Cal. No. 541
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 12, 2011
                                      ___________
       Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
         printed to be committed  to  the  Committee  on  Local  Government  --
         reported  favorably  from  said committee, ordered to first and second
         report, ordered to a third reading,  amended  and  ordered  reprinted,
         retaining its place in the order of third reading
       AN  ACT to amend the general municipal law, in relation to vested rights
         relating to land development in  the  counties  of  Dutchess,  Orange,
         Putnam, Rockland and Westchester; and providing for the repeal of such
         provisions upon expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general municipal law is amended by adding a new  arti-
    2  cle 7-B to read as follows:
    3                                 ARTICLE 7-B
    4                 VESTED RIGHTS RELATING TO LAND DEVELOPMENT
    5  SECTION 150. VESTED RIGHTS RELATING TO LAND DEVELOPMENT; PILOT PROGRAM.
    6          151. REPORT.
    7          152. APPLICATION OF ARTICLE.
    8    S  150. VESTED RIGHTS RELATING TO LAND DEVELOPMENT; PILOT PROGRAM.  1.
    9  IN THE COUNTIES OF DUTCHESS, ORANGE, PUTNAM, ROCKLAND  AND  WESTCHESTER,
   10  THERE  SHALL  BE A PRESUMPTION, REBUTTABLE BY A MUNICIPALITY IN ANY SUCH
   11  COUNTY ONLY PURSUANT TO SUBDIVISION TWO OF THIS  SECTION  BY  CLEAR  AND
   12  CONVINCING EVIDENCE, THAT MUNICIPAL ZONING, PLANNING, ENVIRONMENTAL, AND
   13  ALL  OTHER APPLICABLE VILLAGE, TOWN, OR CITY ORDINANCES, REGULATIONS AND
   14  OTHER ENACTMENTS REGULATING THE DEVELOPMENT OF LAND WHICH ARE APPLICABLE
   15  TO A PARTICULAR PARCEL OF LAND AS OF THE NINTH MONTH  AFTER  THE  FILING
   16  DATE  OF  AN  APPLICATION  DEEMED COMPLETED BY THE MUNICIPALITY FOR SITE
   17  PLAN, SUBDIVISION OR OTHER DEVELOPMENT PLAN  APPROVAL  OF  SUCH  PARCEL,
   18  WHICH  APPLICATION  MEETS  ALL  NON-DISCRETIONARY REQUIREMENTS SPECIFIED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00882-08-1
       S. 4554--A                          2
    1  THEREFOR, INCLUDING, BUT NOT LIMITED TO A SURVEY PREPARED BY A  LICENSED
    2  SURVEYOR  AND  PLANS PREPARED BY A LICENSED ENGINEER OR ARCHITECT AND IS
    3  ACCOMPANIED BY AN ENVIRONMENTAL ASSESSMENT FORM, IF REQUIRED, OR AT  THE
    4  DISCRETION  OF  THE  APPLICANT  A  DRAFT ENVIRONMENTAL IMPACT STATEMENT,
    5  SHALL REMAIN APPLICABLE TO THE PROPOSED PROJECT THAT IS THE  SUBJECT  OF
    6  THE APPLICATION OR THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR A PERIOD
    7  OF  SIX YEARS AFTER THE FILING DATE, AS LONG AS IT IS BEING PURSUED WITH
    8  REASONABLE EFFORTS BY THE APPLICANT. IF NO STATE  OR  LOCAL  AGENCY  HAS
    9  DISCRETIONARY  AUTHORITY OVER THE PROJECT, THE FILING DATE SHALL BE THAT
   10  OF THE FILING OF AN APPLICATION FOR A BUILDING PERMIT, TOGETHER  WITH  A
   11  SURVEY  PREPARED BY A LICENSED SURVEYOR AND PLANS PREPARED BY A LICENSED
   12  ENGINEER OR ARCHITECT IN WHICH CASE NO ENVIRONMENTAL DOCUMENTATION  NEED
   13  BE  FILED  IN  ORDER  FOR THIS SECTION TO APPLY.  WRITTEN NOTICE OF SUCH
   14  APPLICATION, EXCEPT IN THE CASE OF A ONE-FAMILY DWELLING, SHALL BE GIVEN
   15  BY THE APPLICANT TO ALL PROPERTY OWNERS WITHIN A DISTANCE OF TWO HUNDRED
   16  FIFTY FEET OF THE APPLICANT'S PROPERTY LINES BY FIRST CLASS MAIL TO  THE
   17  LAST KNOWN ADDRESS ON THE TAX RECORDS. THE APPLICANT SHALL FILE AN AFFI-
   18  DAVIT WITH THE MUNICIPALITY OF THE MAILING OF SUCH NOTICE.
   19    2.  IN ORDER TO REBUT THE PRESUMPTION ESTABLISHED PURSUANT TO SUBDIVI-
   20  SION ONE OF THIS SECTION, A MUNICIPAL BOARD MUST ADOPT A DETAILED  WRIT-
   21  TEN  FINDING AND HAS THE BURDEN OF PROOF TO SHOW BY CLEAR AND CONVINCING
   22  EVIDENCE THAT:
   23    A. A CHANGE IN APPLICABLE FEDERAL OR STATE LAWS, RULES OR  REGULATIONS
   24  ALTERS THE RELEVANT REQUIREMENTS; OR
   25    B.  NEWLY  DISCOVERED  INFORMATION OR CHANGES IN CIRCUMSTANCES SPECIF-
   26  ICALLY RELATED TO THE PROPOSED PROJECT OR ITS SITE, WILL ESTABLISH THAT:
   27    (I) THE PROJECT IS LIKELY TO HARM OR ENDANGER THE PUBLIC HEALTH, SAFE-
   28  TY, GENERAL WELFARE OR BIOLOGICAL HABITAT; AND
   29    (II) SUCH HARM OR ENDANGERMENT WILL NOT BE PREVENTED BY EXISTING LAWS,
   30  CODES, ORDINANCES, RULES OR REGULATIONS, OR BY GOVERNMENTAL ENTITIES; OR
   31    C. THE MUNICIPAL BOARD IS APPLYING A NEW OR ALTERED  REQUIREMENT  THAT
   32  HAS  BEEN THE SUBJECT OF A DRAFT ENVIRONMENTAL IMPACT STATEMENT THAT WAS
   33  FILED BEFORE THE FILING DATE OF THE SUBJECT APPLICATION, AND HAS  SUBSE-
   34  QUENTLY  BECOME FINAL IN NOT SUBSTANTIALLY MORE STRINGENT FORM THAN THAT
   35  DESCRIBED IN SUCH DOCUMENT,  INSOFAR  AS  IS  RELEVANT  TO  THE  SUBJECT
   36  PROJECT.
   37    3.  SUCH  A  FINDING  SHALL  BE DEEMED TO BE A FINAL AGENCY ACTION FOR
   38  PURPOSES OF ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE  LAW  AND  RULES
   39  AND MUST BE CHALLENGED WITHIN FOUR MONTHS OF THE ADOPTION OF THE FINDING
   40  BY A MUNICIPAL BOARD.
   41    4. NOTHING IN THIS SECTION SHALL BE INTERPRETED TO PRECLUDE:
   42    A. THE ADMINISTRATION OF ALL EXISTING LAWS, RULES AND REGULATIONS AS A
   43  RESULT  OF  WHICH  THERE  COULD  BE REQUIREMENTS IMPOSED ON THE PROPOSED
   44  PROJECT; OR
   45    B. CHANGES TO SUCH LAWS,  RULES  AND  REGULATIONS  THAT  WOULD  AFFECT
   46  FUTURE APPLICATIONS.
   47    5.  THIS  SECTION SHALL NOT APPLY TO APPLICATIONS REQUIRING CHANGES IN
   48  ZONING PROVISIONS THAT ARE SOUGHT BY THE APPLICANT  IN  CONNECTION  WITH
   49  THE PROPOSED PROJECT PRIOR TO THE ADOPTION OF ANY SUCH CHANGES.
   50    6.  ANY  SUBSTANTIAL  CHANGES  TO  THE  PROPOSED  PROJECT WHICH IS THE
   51  SUBJECT OF THE APPLICATION BY THE APPLICANT, WHICH HAVE NOT BEEN  GENER-
   52  ATED  IN  RESPONSE TO A COMMENT (EXCEPTING A COMMENT BY, ON BEHALF OF OR
   53  AT THE BEHEST OF THE APPLICANT)  DURING  THE  REVIEW  PROCESS,  WILL  BE
   54  DEEMED A NEW APPLICATION.
   55    S 151. REPORT. ON OR BEFORE JANUARY FIRST, TWO THOUSAND SEVENTEEN, THE
   56  COUNTY  EXECUTIVES OF THE COUNTIES OF DUTCHESS, ORANGE, PUTNAM, ROCKLAND
       S. 4554--A                          3
    1  AND WESTCHESTER SHALL EACH SUBMIT A REPORT TO THE GOVERNOR,  THE  TEMPO-
    2  RARY  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY
    3  LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY,  ON  THEIR
    4  FINDINGS,  CONCLUSIONS  AND RECOMMENDATIONS ON THE IMPLEMENTATION OF THE
    5  PROVISIONS OF THIS ARTICLE.
    6    S 152. APPLICATION OF ARTICLE. THE PROVISIONS OF  THIS  ARTICLE  SHALL
    7  APPLY  ONLY  TO  THE  COUNTIES OF DUTCHESS, ORANGE, PUTNAM, ROCKLAND AND
    8  WESTCHESTER, AND TO NO OTHER COUNTIES IN THE STATE.
    9    S 2. This act shall take effect on the one hundred eightieth day after
   10  it shall have become a law; and shall expire and be deemed repealed  six
   11  years  after it shall take effect but shall continue to apply to parcels
   12  for which an application has been filed pursuant to section 150  of  the
   13  general municipal law prior to such repeal.