senate Bill S4554B

2011-2012 Legislative Session

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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Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to local government
Jun 24, 2011 committed to rules
Jun 06, 2011 amended on third reading 4554b
Jun 01, 2011 amended on third reading (t) 4554a
May 10, 2011 advanced to third reading
May 09, 2011 2nd report cal.
May 04, 2011 1st report cal.541
Apr 12, 2011 referred to local government

S4554 - Details

See Assembly Version of this Bill:
A347A
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add Art 7-B §§150 - 151, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S1988B, A3353, A9563A

S4554 - 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.

S4554 - Sponsor Memo

S4554 - Bill Text download pdf

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

                                  4554

                       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

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  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  ENVIRON-
MENTAL  ASSESSMENT FORM, IF REQUIRED, OR AT THE DISCRETION OF THE APPLI-
CANT 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00882-01-1

S4554A - Details

See Assembly Version of this Bill:
A347A
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add Art 7-B §§150 - 151, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S1988B, A3353, A9563A

S4554A - 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.

S4554A - Sponsor Memo

S4554A - Bill Text download pdf

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

                                 4554--A
    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

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. REPORT.
        152. 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.

S4554B (ACTIVE) - Details

See Assembly Version of this Bill:
A347A
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add Art 7-B §§150 - 151, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S1988B, A3353, A9563A

S4554B (ACTIVE) - 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.

S4554B (ACTIVE) - Sponsor Memo

S4554B (ACTIVE) - Bill Text download pdf

                    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.

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