Assembly Bill A10350

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

                                  10350

                          I N  A S S E M B L Y

                              May 23, 2016
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Local Governments

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.
        151. APPLICATION OF ARTICLE.
  S 150. VESTED RIGHTS RELATING TO LAND DEVELOPMENT. WHERE A LEAD AGENCY
UNDER  THE  STATE  ENVIRONMENTAL  QUALITY  REVIEW  ACT ISSUES A NEGATIVE
DECLARATION OR A FINDINGS STATEMENT WITH RESPECT  TO  A  SUBDIVISION  OR
OTHER  DEVELOPMENT PLAN APPROVAL IN CONNECTION WITH A SPECIFIC PARCEL OF
LAND, SUCH SPECIFIC PARCEL OF LAND SHALL BE  SUBJECT  TO  THE  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 AT THE TIME OF THE ISSUANCE OF
SUCH NEGATIVE DECLARATION OR FINDINGS STATEMENT; PROVIDED  FURTHER  THAT
THE  OWNER  OF SUCH SPECIFIC PARCEL OF LAND TRANSMITS A NOTICE OF VESTED
RIGHTS TO SUCH MUNICIPALITY WHEREIN SUCH OWNER  DECLARES  VESTED  RIGHTS
ARE APPLICABLE TO SUCH SPECIFIC PARCEL ALONG WITH PAYMENT BY A CERTIFIED
CHECK  TO  THE  MUNICIPALITY  IN THE AMOUNT OF TWO THOUSAND FIVE HUNDRED
DOLLARS FOR REVIEW OF SUCH DECLARATION. THE MUNICIPALITY MAY  OBJECT  TO
SUCH  DECLARATION  OF  VESTED  RIGHTS  WITHIN THIRTY DAYS BASED ON NEWLY
DISCOVERED INFORMATION OR CHANGES IN CIRCUMSTANCES SPECIFICALLY  RELATED
TO  THE PROPOSED PROJECT WHICH WILL ESTABLISH THAT THE PROJECT IS LIKELY
TO HARM OR ENDANGER THE PUBLIC, SAFETY OR GENERAL WELFARE OR  BIOLOGICAL
HABITAT  AND SUCH HARM OR ENDANGERMENT WILL NOT BE PREVENTED BY EXISTING
LAWS, CODES, ORDINANCES, RULES OR REGULATIONS. IN THE EVENT THE  MUNICI-
PALITY  DOES  NOT  OBJECT SUCH SPECIFIC PARCEL OF LAND SHALL HAVE VESTED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15541-01-6
              

A. 10350                            2

RIGHTS FOR THIRTY-SIX MONTHS RUNNING FROM THE DATE  OF  SERVICE  OF  THE
DECLARATION OF VESTED RIGHTS UPON THE MUNICIPALITY.
  S  151.  APPLICATION  OF ARTICLE. THE PROVISIONS OF THIS ARTICLE SHALL
NOT APPLY TO CITIES WITH A POPULATION GREATER THAN ONE MILLION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.