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.
STATE OF NEW YORK
________________________________________________________________________
347--A
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. PAULIN, MORELLE, REILLY, COOK, SPANO, SCHIMMINGER
-- Multi-Sponsored by -- M. of A. LATIMER, McENENY, MOLINARO, SCHIMEL
-- read once and referred to the Committee on Local Governments --
reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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:
1 Section 1. The general municipal law is amended by adding a new arti-
2 cle 7-B to read as follows:
3 ARTICLE 7-B
4 VESTED RIGHTS RELATING TO LAND DEVELOPMENT
5 Section 150. Vested rights relating to land development; pilot program.
6 151. Application of article.
7 § 150. Vested rights relating to land development; pilot program. 1.
8 In the counties of Dutchess, Orange, Putnam, Rockland and Westchester,
9 there shall be a presumption, rebuttable by a municipality in any such
10 county only pursuant to subdivision two of this section by clear and
11 convincing evidence, that municipal zoning, planning, environmental, and
12 all other applicable village, town, or city ordinances, regulations and
13 other enactments regulating the development of land which are applicable
14 to a particular parcel of land as of the ninth month after the filing
15 date of an application deemed completed by the municipality for site
16 plan, subdivision or other development plan approval of such parcel,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00882-11-1
A. 347--A 2
1 which application meets all non-discretionary requirements specified
2 therefor, including, but not limited to a survey prepared by a licensed
3 surveyor and plans prepared by a licensed engineer or architect and is
4 accompanied by an environmental assessment form, if required, or at the
5 discretion of the applicant a draft environmental impact statement,
6 shall remain applicable to the proposed project that is the subject of
7 the application or the draft environmental impact statement for a period
8 of six years after the filing date, as long as it is being pursued with
9 reasonable efforts by the applicant. If no state or local agency has
10 discretionary authority over the project, the filing date shall be that
11 of the filing of an application for a building permit, together with a
12 survey prepared by a licensed surveyor and plans prepared by a licensed
13 engineer or architect in which case no environmental documentation need
14 be filed in order for this section to apply. Written notice of such
15 application, except in the case of a one-family dwelling, shall be given
16 by the applicant to all property owners within a distance of two hundred
17 fifty feet of the applicant's property lines by first class mail to the
18 last known address on the tax records. The applicant shall file an affi-
19 davit with the municipality of the mailing of such notice.
20 2. In order to rebut the presumption established pursuant to subdivi-
21 sion one of this section, a municipal board must adopt a detailed writ-
22 ten finding and has the burden of proof to show by clear and convincing
23 evidence that:
24 a. a change in applicable federal or state laws, rules or regulations
25 alters the relevant requirements; or
26 b. newly discovered information or changes in circumstances specif-
27 ically related to the proposed project or its site, will establish that:
28 (i) the project is likely to harm or endanger the public health, safe-
29 ty, general welfare or biological habitat; and
30 (ii) such harm or endangerment will not be prevented by existing laws,
31 codes, ordinances, rules or regulations, or by governmental entities; or
32 c. the municipal board is applying a new or altered requirement that
33 has been the subject of a draft environmental impact statement that was
34 filed before the filing date of the subject application, and has subse-
35 quently become final in not substantially more stringent form than that
36 described in such document, insofar as is relevant to the subject
37 project.
38 3. Such a finding shall be deemed to be a final agency action for
39 purposes of article seventy-eight of the civil practice law and rules
40 and must be challenged within four months of the adoption of the finding
41 by a municipal board.
42 4. Nothing in this section shall be interpreted to preclude:
43 a. the administration of all existing laws, rules and regulations as a
44 result of which there could be requirements imposed on the proposed
45 project; or
46 b. changes to such laws, rules and regulations that would affect
47 future applications.
48 5. This section shall not apply to applications requiring changes in
49 zoning provisions that are sought by the applicant in connection with
50 the proposed project prior to the adoption of any such changes.
51 6. Any substantial changes to the proposed project which is the
52 subject of the application by the applicant, which have not been gener-
53 ated in response to a comment (excepting a comment by, on behalf of or
54 at the behest of the applicant) during the review process, will be
55 deemed a new application.
A. 347--A 3
1 § 151. Application of article. The provisions of this article shall
2 apply only to the counties of Dutchess, Orange, Putnam, Rockland and
3 Westchester, and to no other counties in the state.
4 § 2. This act shall take effect on the one hundred eightieth day after
5 it shall have become a law; and shall expire and be deemed repealed six
6 years after it shall take effect but shall continue to apply to parcels
7 for which an application has been filed pursuant to section 150 of the
8 general municipal law prior to such repeal.
