senate Bill S2565

2013-2014 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

download bill text pdf

Sponsored By

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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to local government
Jan 22, 2013 referred to local government

S2565 - Details

See Assembly Version of this Bill:
A494
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add Art 7-B ยงยง150 - 151, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4554B, A347A
2009-2010: S1988B, A3353, A9563A

S2565 - 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 six years after they take effect.

S2565 - Sponsor Memo

S2565 - Bill Text download pdf

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

                                  2565

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

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  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
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

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