Assembly Bill A5937

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

    S. 2548                                                  A. 5937

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 23, 2009
                               ___________

IN  SENATE  --  Introduced  by Sens. LAVALLE, FLANAGAN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation

IN ASSEMBLY -- Introduced by M. of A. THIELE -- Multi-Sponsored by -- M.
  of  A.  WALKER  --  read  once and referred to the Committee on Corpo-
  rations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to granting  the
  power  of site plan review to towns and villages over railroad facili-
  ties of the metropolitan transportation authority

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

  Section  1.  Legislative  findings.  The legislature hereby finds that
pursuant to title 11 of article 5 of the  public  authorities  law,  the
metropolitan transportation authority operates railroad facilities with-
in  the  state of New York, including stations, terminals, platforms and
other buildings, structures, and improvements. Historically, the  legis-
lature  has  exempted the metropolitan transportation authority from the
local laws, ordinances, resolutions, and rules and regulations of  poli-
tical  subdivisions,  including  but  not limited to zoning and land use
regulations.
  The legislature hereby finds that it is necessary and desirable to now
subject the metropolitan transportation authority to  limited  municipal
authority  with  regard  to  site  plan  review  of railroad facilities.
Specifically, railroad facilities established by the metropolitan trans-
portation authority, including stations, terminals, platforms, and other
buildings, structures,  and  improvements  are  located  in  communities
throughout  the metropolitan transportation authority service area. Many
of these railroad facilities are centrally located in these  communities
and  are an integral part of the character and history of these communi-
ties.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03988-01-9
              

S. 2548                             2                            A. 5937

  Any changes to such railroad facilities could have significant adverse
impacts for the quality of life, aesthetics, environment, and  character
of  the communities where they are located. The metropolitan transporta-
tion authority does not possess the expertise on local land  use  issues
to  adequately  protect these important aesthetic and land use concerns.
Local government is best equipped to ensure that railroad facilities are
properly integrated into the community where they are to be located.  It
is  the purpose of this legislation to give towns and villages site plan
review over such facilities.
  S 2. Section 1264 of the public authorities law is amended by adding a
new subdivision 3 to read as follows:
  3. NOTHING PROVIDED HEREIN RELATING TO THE PURPOSES OF  THE  AUTHORITY
SHALL  BE  DEEMED  AS LIMITING THE JURISDICTION OF TOWNS AND VILLAGES TO
EXERCISE THE POWER OF SITE PLAN REVIEW OVER RAILROAD FACILITIES.
  S 3. Section 1266 of the public authorities law is amended by adding a
new subdivision 19 to read as follows:
  19. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS EIGHT AND ELEVEN OF
THIS SECTION, OR ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  TOWNS,
PURSUANT  TO  SECTION  TWO  HUNDRED  SEVENTY-FOUR-A OF THE TOWN LAW, AND
VILLAGES, PURSUANT TO SECTION 7-725-A OF THE VILLAGE LAW, SHALL HAVE THE
POWER TO EXERCISE SITE PLAN REVIEW OVER THE RAILROAD FACILITIES  OF  THE
AUTHORITY.  THE  LOCAL  LAW  OR  ZONING ORDINANCE ESTABLISHING SITE PLAN
REVIEW SHALL SPECIFY THAT RAILROAD FACILITIES,  AS  DEFINED  IN  SECTION
TWELVE HUNDRED SIXTY-ONE OF THIS TITLE, ARE SUBJECT TO SITE PLAN REVIEW.
WHERE  A  TOWN OR VILLAGE HAS ESTABLISHED SUCH JURISDICTION, NO RAILROAD
FACILITY SHALL BE CONSTRUCTED, MODIFIED, ALTERED, ADDED TO, OR OTHERWISE
CHANGED, WITHOUT FIRST RECEIVING SITE PLAN APPROVAL FROM THE APPROPRIATE
TOWN OR VILLAGE.
  S 4. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid,  the  judgment  shall  not affect, impair or invalidate the
remainder thereof, but shall be confined to its operation to the clause,
sentence, paragraph, section or part of this act  directly  involved  in
the controversy in which the judgment shall have been rendered.
  S 5. This act shall take effect immediately.