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 Committee


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

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Actions

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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

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4554 - Bill 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 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4554

TITLE OF BILL:
An act
to amend the general municipal law, in relation to vested rights
relating to land development

PURPOSE:
This legislation will support the lawful and
environmentally-responsible improvement of property ownership lights
for private and public entities for the purposes of accelerating the
creation of jobs for the citizens of New York as well as to promote
the retention and expansion of jobs creating businesses and thriving
industries within the State of New York.

This jobs creation legislation protects the rights of municipalities
by allowing for exceptions where, for instance, there are changes in
federal and state law or newly discovered information or changes in
circumstances otherwise unaddressed or unaccounted for, where the
project could possibly harm or endanger public health, safety,
general welfare or biological habitat and where the harm cannot be
prevented, ameliorated or mitigated by existing laws, codes, rules or
governmental entities or agencies. Furthermore, this legislation has
no negative impact on the State Environment Quality Review Process
(SEQR Process). Property owners and investors will be required to
continue to fully comply with the full intent of the SEQR Process.

SUMMARY OF PROVISIONS:
Section one amends the general municipal law by adding a new section
one hundred and fifty.

Subdivision 1 provides that there shall be a rebuttable presumption
that municipal zoning, planning, environmental and all other
applicable enactments by a village, town or city regulating the
development of land which are applicable to a particular parcel of land
as of nine months after the filing date of an application deemed
completed by the municipality for a project or, at the discretion of
the applicant, as of nine months after the filing date of a draft
environmental impact statement, shall remain applicable to the
proposed project for a period of six years after such filing date, as
long as it is being pursued with reasonable efforts by the applicant.
Written notice of such application will be sent by the applicant to
all property owners within 250 feet of the applicant's property lines.

Subdivision 2 provides that in order to rebut the presumption, a
municipal body must show with a detailed written finding that there
has been a change in federal or state law, which alters the relevant
requirements; or that there is newly discovered information or
changes in circumstances which will establish that the proposed
project is likely to harm or endanger public health, public welfare,
safety or biological habitat that is not being prevented by existing
laws, codes, ordinances or other governmental entities. Thus, while
the property owner will be protected to the extent that his project
will be judged according to the law's codes, and regulations in
existence nine months from the filing of the application, the
municipality will not be prevented from applying a new or amended law


in those situations where the application of the new or amended law
is warranted due to a change in circumstances or newly discovered
information, which establishes a likely harm to public health,
safety, general welfare, or biological habitat.
Additionally, where the municipality is already considering a change
in the local codes or laws before the filing of the proposed
application, such changes are allowable.

Subdivision 3 provides that the time constraints under Article 78 of
the civil practice law and rules are to be applicable if there is a
challenge and, therefore, must be challenged within four months.

Subdivision 4 provides that the bill does not prevent the municipality
from enforcing all existing laws as to the subject property and
changes in the codes, laws and regulations before and after the nine
month window that apply to other properties in the municipality.
Moreover, as to all other property that may be unaffected by the
application, the municipality can make changes in the codes, laws and
regulations without limitation.

Subdivision 5 provides that the bill shall not apply to applications
requiring zoning changes. In those situations, where the application
does not fit under existing zoning laws and requires a zoning change,
the applicant is permitted to make such application and the local
municipality may decide whether or not to grant it.

Subdivision 6 provides that if the applicant makes substantial changes
in the application (other than in response to comments made during
the SEQRA process), it will be considered a new application and the
constraints of this section will be inapplicable.

JUSTIFICATION:
Currently in New York State, there is no predictability or protection
in the ownership of property from changes by local municipality's
zoning, building and related laws to prohibit 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.

This unfairly creates a burden on property owners and investor that
has resulted in the loss of jobs, investment, commerce and industry
in the State of New York.

When a local municipality adds restrictive zoning, confiscatory
building codes or other regulations which did not exist at the time
of the purchase and investment in a specific property, such purchase
and investment in a property in New York State becomes much more
tenuous, costly, and unpredictable in the projected financial
outcome, especially when there is no risk to the environment or the
community.

This legislation would provide an element of predictability and
security to the potential buyer and investor in a specific property
which will result in the much needed employment of the citizens of
New York and will encourage thriving job creating businesses and
industries to remain and/or expand their business and business
development efforts in New York. All jobs creation efforts can be


achieved while protecting the environment and communities as a result
of the implementation of this legislation.

LEGISLATIVE HISTORY:
A.10666 of 2005-2006.
A.6023B/S.3852B of 2007-2008.
A.3353/S.1988 of 2009. A.9553/S.1988A of 2009. A.9563A of 2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after
it shall have become law.

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                    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

S. 4554                             2

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 AFFIDAVIT WITH THE MUNI-
CIPALITY 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 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

S4554A - Bill 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 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4554A

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 151 is added to include: on or before January 1, 2017, the
county executives of the counties of Dutchess, Orange, Putnam,
Rockland and Westchester shall each submit a report to the governor,
the temporary president of the senate, the speaker of the assembly,
the minority leader of the senate and the minority leader of the
assembly, on their findings, conclusions and recommendations on the
implementation of the provisions of this article.

Section 152 Applications of article 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.

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                    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.
                                                           LBD00882-08-1

S. 4554--A                          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 151. REPORT. ON OR BEFORE JANUARY FIRST, TWO THOUSAND SEVENTEEN, THE
COUNTY  EXECUTIVES OF THE COUNTIES OF DUTCHESS, ORANGE, PUTNAM, ROCKLAND

S. 4554--A                          3

AND WESTCHESTER SHALL EACH SUBMIT A REPORT TO THE GOVERNOR,  THE  TEMPO-
RARY  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY
LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY,  ON  THEIR
FINDINGS,  CONCLUSIONS  AND RECOMMENDATIONS ON THE IMPLEMENTATION OF THE
PROVISIONS OF THIS ARTICLE.
  S 152. 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.

S4554B (ACTIVE) - Bill 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) - Bill Texts

view 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.

view 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 full 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.
                                                           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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