senate Bill S4554B

Relates to vested rights of property owners relating to the development of their land in the counties of Dutchess,Orange,Putnam,Rockland and Westchester

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Apr / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 04 / May / 2011
    • 1ST REPORT CAL.541
  • 09 / May / 2011
    • 2ND REPORT CAL.
  • 10 / May / 2011
    • ADVANCED TO THIRD READING
  • 01 / Jun / 2011
    • AMENDED ON THIRD READING (T) 4554A
  • 06 / Jun / 2011
    • AMENDED ON THIRD READING 4554B
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A347A
Versions:
S4554
S4554A
S4554B
Legislative Cycle:
2011-2012
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add Art 7-B ยงยง150 - 151, Gen Muni L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1988B, A3353, A9563A
2007-2008: S3852A, A6023B

Sponsor Memo

BILL NUMBER:S4554B

TITLE OF BILL:
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

PURPOSE:
This legislation will create a 6 year pilot program in Dutchess,
Orange, Putnam, Rockland and Westchester county relating to lawful
and environmentally-responsible improvement of property ownership
rights for private and public entities. This pilot program will study
the correlation between the vested property rights legislation and
its impact on the creation of jobs and economic development.

SUMMARY OF PROVISIONS:
Section 150 Applications of article 7B
is added to include the provisions
of this article shall apply only to the counties of Dutchess, Orange,
Putnam, Rockland and Westchester, and to no other counties in the
state.

JUSTIFICATION:
Currently in New York State, there is no predictability or protection
in the ownership of property from changes by local municipalities
from adding restrictive zoning, confiscatory building codes or other
regulations which did not exist at the time of the purchase and
investment in a specific property.

When a local municipality adds these restrictive practices after a
project has been approved, business becomes more tenuous, costly and
unpredictable. Due to this practice an unfair burden is created and
placed on property owners and businesses that result in the loss of
jobs, investment, commerce and industry in the State of New York.

This pilot program will study the impact on predictability and
security in relation to effect that property rights will have on the
creation and retention of jobs in New York State. This legislation
does not impact a municipality's authority to stop a project that
could harm or endanger the surrounding community. This legislation
will not have an impact on the State Environment
Quality Review Process (SEQR Process) and property owners and
investors will still be required to continue to fully comply with the
full intent of the SEQR Process.

LEGISLATIVE HISTORY:
New legislation in Senate.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect on the 180th day after it
shall have become law.

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

                                 4554--B
    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 -- again 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:

  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; PILOT PROGRAM.
        151. APPLICATION OF ARTICLE.
  S  150. VESTED RIGHTS RELATING TO LAND DEVELOPMENT; PILOT PROGRAM.  1.
IN THE COUNTIES OF DUTCHESS, ORANGE, PUTNAM, ROCKLAND  AND  WESTCHESTER,
THERE  SHALL  BE A PRESUMPTION, REBUTTABLE BY A MUNICIPALITY IN ANY SUCH
COUNTY 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 NINTH MONTH  AFTER  THE  FILING
DATE  OF  AN  APPLICATION  DEEMED COMPLETED BY THE MUNICIPALITY FOR SITE
PLAN, SUBDIVISION OR OTHER DEVELOPMENT PLAN  APPROVAL  OF  SUCH  PARCEL,
WHICH  APPLICATION  MEETS  ALL  NON-DISCRETIONARY REQUIREMENTS SPECIFIED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00882-12-1

S. 4554--B                          2

THEREFOR, INCLUDING, BUT NOT LIMITED TO A SURVEY PREPARED BY A  LICENSED
SURVEYOR  AND  PLANS PREPARED BY A LICENSED ENGINEER OR ARCHITECT AND IS
ACCOMPANIED BY AN ENVIRONMENTAL ASSESSMENT FORM, IF REQUIRED, OR AT  THE
DISCRETION  OF  THE  APPLICANT  A  DRAFT ENVIRONMENTAL IMPACT STATEMENT,
SHALL REMAIN APPLICABLE TO THE PROPOSED PROJECT THAT IS THE  SUBJECT  OF
THE APPLICATION OR THE DRAFT ENVIRONMENTAL 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 PROJECT, THE FILING DATE SHALL BE THAT
OF THE FILING OF AN APPLICATION FOR A BUILDING PERMIT, TOGETHER  WITH  A
SURVEY  PREPARED BY A LICENSED SURVEYOR AND PLANS PREPARED BY A LICENSED
ENGINEER OR ARCHITECT IN WHICH CASE NO ENVIRONMENTAL DOCUMENTATION  NEED
BE  FILED  IN  ORDER  FOR THIS SECTION TO APPLY.  WRITTEN NOTICE OF SUCH
APPLICATION, EXCEPT IN THE CASE OF A ONE-FAMILY DWELLING, SHALL BE GIVEN
BY THE APPLICANT TO ALL PROPERTY OWNERS WITHIN A DISTANCE OF TWO HUNDRED
FIFTY FEET OF THE APPLICANT'S PROPERTY LINES BY FIRST CLASS MAIL TO  THE
LAST KNOWN ADDRESS ON THE TAX RECORDS. THE APPLICANT SHALL FILE AN AFFI-
DAVIT WITH THE MUNICIPALITY OF THE MAILING OF SUCH NOTICE.
  2.  IN ORDER TO REBUT THE PRESUMPTION ESTABLISHED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION, A MUNICIPAL BOARD MUST ADOPT A DETAILED  WRIT-
TEN  FINDING AND HAS THE BURDEN OF PROOF TO SHOW BY CLEAR AND CONVINCING
EVIDENCE THAT:
  A. A CHANGE IN APPLICABLE FEDERAL OR STATE LAWS, RULES OR  REGULATIONS
ALTERS THE RELEVANT REQUIREMENTS; OR
  B.  NEWLY  DISCOVERED  INFORMATION OR CHANGES IN CIRCUMSTANCES SPECIF-
ICALLY RELATED TO THE PROPOSED PROJECT OR ITS SITE, WILL ESTABLISH THAT:
  (I) THE PROJECT IS LIKELY TO HARM OR ENDANGER THE PUBLIC HEALTH, SAFE-
TY, GENERAL WELFARE OR BIOLOGICAL HABITAT; AND
  (II) SUCH HARM OR ENDANGERMENT WILL NOT BE PREVENTED BY EXISTING LAWS,
CODES, ORDINANCES, RULES OR REGULATIONS, OR BY GOVERNMENTAL ENTITIES; OR
  C. THE MUNICIPAL BOARD IS APPLYING A NEW OR ALTERED  REQUIREMENT  THAT
HAS  BEEN THE SUBJECT OF A DRAFT ENVIRONMENTAL IMPACT STATEMENT THAT WAS
FILED BEFORE THE FILING DATE OF THE SUBJECT APPLICATION, AND HAS  SUBSE-
QUENTLY  BECOME FINAL IN NOT SUBSTANTIALLY MORE STRINGENT FORM THAN THAT
DESCRIBED IN SUCH DOCUMENT,  INSOFAR  AS  IS  RELEVANT  TO  THE  SUBJECT
PROJECT.
  3.  SUCH  A  FINDING  SHALL  BE DEEMED TO BE A FINAL AGENCY ACTION FOR
PURPOSES OF ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE  LAW  AND  RULES
AND MUST BE CHALLENGED WITHIN FOUR MONTHS OF THE ADOPTION OF THE FINDING
BY A MUNICIPAL BOARD.
  4. NOTHING IN THIS SECTION SHALL BE INTERPRETED TO PRECLUDE:
  A. THE ADMINISTRATION OF ALL EXISTING LAWS, RULES AND REGULATIONS AS A
RESULT  OF  WHICH  THERE  COULD  BE REQUIREMENTS IMPOSED ON THE PROPOSED
PROJECT; OR
  B. CHANGES TO SUCH LAWS,  RULES  AND  REGULATIONS  THAT  WOULD  AFFECT
FUTURE APPLICATIONS.
  5.  THIS  SECTION SHALL NOT APPLY TO APPLICATIONS REQUIRING CHANGES IN
ZONING PROVISIONS THAT ARE SOUGHT BY THE APPLICANT  IN  CONNECTION  WITH
THE PROPOSED PROJECT PRIOR TO THE ADOPTION OF ANY SUCH CHANGES.
  6.  ANY  SUBSTANTIAL  CHANGES  TO  THE  PROPOSED  PROJECT WHICH IS THE
SUBJECT OF THE APPLICATION BY THE APPLICANT, WHICH HAVE NOT BEEN  GENER-
ATED  IN  RESPONSE TO A COMMENT (EXCEPTING A COMMENT BY, ON BEHALF OF OR
AT THE BEHEST OF THE APPLICANT)  DURING  THE  REVIEW  PROCESS,  WILL  BE
DEEMED A NEW APPLICATION.

S. 4554--B                          3

  S  151.  APPLICATION  OF ARTICLE. THE PROVISIONS OF THIS ARTICLE SHALL
APPLY ONLY TO THE COUNTIES OF DUTCHESS,  ORANGE,  PUTNAM,  ROCKLAND  AND
WESTCHESTER, AND TO NO OTHER COUNTIES IN THE STATE.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; and shall expire and be deemed repealed six
years after it shall take effect but shall continue to apply to  parcels
for  which  an application has been filed pursuant to section 150 of the
general municipal law prior to such repeal.

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