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
A. 3353 2
PROJECT, THE FILING DATE SHALL BE THAT OF THE FILING OF AN APPLICATION
FOR A BUILDING PERMIT, IN WHICH CASE NO ENVIRONMENTAL DOCUMENTATION NEED
BE FILED IN ORDER FOR THIS SECTION TO APPLY.
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, 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 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.