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

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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 08, 2014 referred to local government
Jan 22, 2013 referred to local government

S2565 - Bill 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 - Bill Texts

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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.

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BILL NUMBER:S2565

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 7-B 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
________________________________________________________________________

                                  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04873-01-3

S. 2565                             2

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.  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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