S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4252
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2023
                                ___________
 
 Introduced  by M. of A. PAULIN, BRABENEC, COOK -- read once and referred
   to the Committee on Local Governments
 
 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.
   § 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
 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09120-01-3
 A. 4252                             2
 
 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.
   §  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.
   § 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.