Assembly Bill A3353

2009-2010 Legislative Session

Relates to vested rights of property owners relating to the development of their land

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A3353 (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
General Municipal Law
Laws Affected:
Add Art 7-B §150, Gen Muni L

2009-A3353 (ACTIVE) - Summary

Relates to vested rights of property owners relating to the development of their land.

2009-A3353 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3353

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. BRADLEY, MORELLE, FIELDS, PAULIN, REILLY, COOK,
  ALESSI, BARRA, SPANO -- Multi-Sponsored by -- M. of A. KOON,  LATIMER,
  McENENY  --  read  once and referred to the Committee on Local Govern-
  ments

AN ACT to amend the general municipal law, in relation to vested  rights
  relating to land development

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general municipal law is amended by adding a new  arti-
cle 7-B to read as follows:

                               ARTICLE 7-B
               VESTED RIGHTS RELATING TO LAND DEVELOPMENT

SECTION 150. VESTED RIGHTS RELATING TO LAND DEVELOPMENT.
  S  150. VESTED RIGHTS RELATING TO LAND DEVELOPMENT.  1. THERE SHALL BE
A PRESUMPTION, REBUTTABLE BY A MUNICIPALITY ONLY PURSUANT TO SUBDIVISION
TWO OF THIS SECTION BY CLEAR AND  CONVINCING  EVIDENCE,  THAT  MUNICIPAL
ZONING, PLANNING, ENVIRONMENTAL, AND ALL OTHER APPLICABLE VILLAGE, TOWN,
OR  CITY  ORDINANCES,  REGULATIONS,  AND OTHER ENACTMENTS REGULATING THE
DEVELOPMENT OF LAND WHICH ARE APPLICABLE TO A PARTICULAR PARCEL OF  LAND
AS OF THE ONE HUNDRED EIGHTIETH DAY AFTER THE FILING DATE OF AN APPLICA-
TION  FOR  SITE PLAN, SUBDIVISION, OR OTHER DEVELOPMENT PLAN APPROVAL OF
SUCH PARCEL, WHICH APPLICATION MEETS ALL NON-DISCRETIONARY  REQUIREMENTS
SPECIFIED  THEREFORE,  AND IS ACCOMPANIED BY AN ENVIRONMENTAL ASSESSMENT
FORM, IF REQUIRED, OR AT THE DISCRETION OF THE APPLICANT A  DRAFT  ENVI-
RONMENTAL  IMPACT  STATEMENT,  SHALL  REMAIN  APPLICABLE TO THE PROPOSED
PROJECT THAT IS THE SUBJECT OF THE APPLICATION  OR  THE  DRAFT  ENVIRON-
MENTAL IMPACT STATEMENT FOR A PERIOD OF SIX YEARS AFTER THE FILING DATE,
AS LONG AS IT IS BEING PURSUED WITH REASONABLE EFFORTS BY THE APPLICANT.
IF  NO  STATE  OR  LOCAL  AGENCY  HAS  DISCRETIONARY  AUTHORITY OVER THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03365-01-9
              

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