Add 20-h, Gen City L; add 261-d, Town L; add 7-700-a, Vil L
Directs municipalities to permit the construction and occupation of dwelling units with a density of at least twenty-five dwelling units per acre, on any land wherein residential construction and occupation is otherwise permitted if such land is within one-half mile of any covered transportation facility.
STATE OF NEW YORK
________________________________________________________________________
6670
2023-2024 Regular Sessions
IN ASSEMBLY
April 28, 2023
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general city law, the town law and the village law,
in relation to transit-oriented development
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Transit-Oriented Development act of 2023".
3 § 2. The general city law is amended by adding a new section 20-h to
4 read as follows:
5 § 20-h. Transit-oriented development. 1. (a) Notwithstanding the
6 provisions of any general, special, charter, local, or other law,
7 including the common law, to the contrary, all cities shall permit the
8 construction and occupation of dwelling units with a density of at least
9 twenty-five dwelling units per acre, on any land wherein residential
10 construction and occupation is otherwise permitted if such land is with-
11 in one-half mile of any covered transportation facility.
12 (b) For the purposes of this subdivision, a "covered transportation
13 center" shall be defined as:
14 (i) any rail station owned, operated or otherwise served by the New
15 Jersey transit corporation, or the metropolitan transportation author-
16 ity and its affiliated or subsidiary authorities, including, but not
17 limited to, the Metro-North railroad and the port authority of New
18 York and New Jersey, but not including the Long Island Rail Road, where
19 such station is not operated on a seasonal basis and such station is
20 located between one-half mile and sixty miles from the nearest border
21 of a city with a population of greater than one million people, as meas-
22 ured on a straight line from such city's nearest border to such rail
23 station; or
24 (ii) any bus stop or station with designated parking for riders
25 located between one-half mile and sixty miles from the nearest
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03877-01-3
A. 6670 2
1 border of a city with a population greater than one million people as
2 measured on a straight line from such city's nearest border to such bus
3 stop or station; or
4 (iii) any rail station owned, operated or otherwise served by the Long
5 Island Rail Road that is not located within a city with a population
6 greater than one million people.
7 2. No city shall impose restrictions that effectively prevent the
8 construction or occupation of such dwellings, including, but not limited
9 to height, setbacks, floor area ratios, or parking. Nothing in this
10 section shall be interpreted to override the New York State Environ-
11 mental Quality Review Act or the New York State Uniform Fire Prevention
12 and Building Code Act, or regulations promulgated in accordance with any
13 such act, nor require the alteration or demolition of buildings desig-
14 nated as historical sites as of the date the act that created this
15 section was enacted pursuant to the New York State Historic Preservation
16 Act of 1980, as amended, or the National Historic Preservation Act of
17 1966, as amended.
18 3. A city's written or other comprehensive plan, zoning regulations,
19 special use permit regulations, subdivision regulations, site plan
20 review regulations, or any planning, zoning, or other land use tools
21 enacted under this title, the municipal home rule law, or any general,
22 special or other law, as applicable, shall conform to the requirements
23 set forth in this section.
24 4. (a) Upon a failure of a local government to act upon an application
25 to construct or occupy residences in accordance with this section, or
26 denial of such application in violation of this section, any party
27 aggrieved by any such failure or denial may commence a special proceed-
28 ing against the subject local government and the officer pursuant to
29 article seventy-eight of the civil practice law and rules, in the
30 supreme court within the judicial district in which the local government
31 or the greater portion of the territory is located, to compel compliance
32 with the provisions of this section.
33 (b) If, upon commencement of such proceeding, it shall appear to the
34 court that testimony is necessary for the proper disposition of the
35 matter, the court may take evidence and determine the matter. Alterna-
36 tively, the court may appoint a hearing officer pursuant to article
37 forty-three of the civil practice law and rules to take such evidence as
38 it may direct and report the same to the court with the hearing offi-
39 cer's findings of fact and conclusions of law, which shall constitute a
40 part of the proceedings upon which the determination of the court shall
41 be made. The court may reverse or affirm, wholly or partly, or may
42 modify any decision brought to the court for review.
43 (c) Costs shall not be allowed against the local government and the
44 officer whose failure or refusal gave rise to the special proceeding,
45 unless it shall appear to the court that the local government and its
46 officer acted with gross negligence or in bad faith or with malice.
47 § 3. The town law is amended by adding a new section 261-d to read as
48 follows:
49 § 261-d. Transit-oriented development. 1. (a) Notwithstanding the
50 provisions of any general, special, charter, local, or other law,
51 including the common law, to the contrary, all towns shall permit the
52 construction and occupation of dwelling units with a density of twenty-
53 five dwelling units per acre or more, on any land wherein residential
54 construction and occupation is otherwise permitted if such land is with-
55 in one-half mile of any covered transportation facility.
A. 6670 3
1 (b) For the purposes of this subdivision, a "covered transportation
2 center" shall be defined as:
3 (i) any rail station owned, operated or otherwise served by the New
4 Jersey transit corporation, or the metropolitan transportation author-
5 ity and its affiliated or subsidiary authorities, including, but not
6 limited to, the Metro-North railroad and the port authority of New
7 York and New Jersey, but not including the Long Island Rail Road, where
8 such station is not operated on a seasonal basis and such station is
9 located between one-half mile and sixty miles from the nearest border
10 of a city with a population of greater than one million people, as meas-
11 ured on a straight line from such city's nearest border to such rail
12 station; or
13 (ii) any bus stop or station with designated parking for riders
14 located between one-half mile and sixty miles from the nearest
15 border of a city with a population greater than one million people as
16 measured on a straight line from such city's nearest border to such bus
17 stop or station; or
18 (iii) any rail station owned, operated or otherwise served by the Long
19 Island Rail Road that is not located within a city with a population
20 greater than one million people.
21 2. No town shall impose restrictions that effectively prevent the
22 construction or occupation of such dwellings, including, but not limited
23 to height, setbacks, floor area ratios, or parking. Nothing in this
24 section shall be interpreted to override the New York State Environ-
25 mental Quality Review Act or the New York State Uniform Fire Prevention
26 and Building Code Act, or regulations promulgated in accordance with any
27 such act, nor require the alteration or demolition of buildings desig-
28 nated as historical sites as of the date the act that created this
29 section was enacted pursuant to the New York State Historic Preservation
30 Act of 1980, as amended, or the National Historic Preservation Act of
31 1966, as amended.
32 3. A town's written comprehensive plan, zoning regulations, special
33 use permit regulations, subdivision regulations, site plan review regu-
34 lations, or any planning, zoning, or other land use tools enacted under
35 this title, the municipal home rule law, or any general, special or
36 other law, as applicable, shall conform to the requirements set forth in
37 this section.
38 4. (a) Upon a failure of a local government to act upon an application
39 to construct or occupy residences in accordance with this section, or
40 denial of such application in violation of this section, any party
41 aggrieved by any such failure or denial may commence a special proceed-
42 ing against the subject local government and the officer pursuant to
43 article seventy-eight of the civil practice law and rules, in the
44 supreme court within the judicial district in which the local government
45 or the greater portion of the territory is located, to compel compliance
46 with the provisions of this section.
47 (b) If, upon commencement of such proceeding, it shall appear to the
48 court that testimony is necessary for the proper disposition of the
49 matter, the court may take evidence and determine the matter. Alterna-
50 tively, the court may appoint a hearing officer pursuant to article
51 forty-three of the civil practice law and rules to take such evidence as
52 it may direct and report the same to the court with the hearing offi-
53 cer's findings of fact and conclusions of law, which shall constitute a
54 part of the proceedings upon which the determination of the court shall
55 be made. The court may reverse or affirm, wholly or partly, or may
56 modify any decision brought to the court for review.
A. 6670 4
1 (c) Costs shall not be allowed against the local government and the
2 officer whose failure or refusal gave rise to the special proceeding,
3 unless it shall appear to the court that the local government and its
4 officer acted with gross negligence or in bad faith or with malice.
5 § 4. The village law is amended by adding a new section 7-700-a to
6 read as follows:
7 § 7-700-a Transit-oriented development. 1. (a) Notwithstanding the
8 provisions of any general, special, charter, local, or other law,
9 including the common law, to the contrary, all villages shall permit the
10 construction and occupation of dwelling units with a density of at least
11 twenty-five dwelling units per acre, on any land wherein residential
12 construction and occupation is otherwise permitted if such land is with-
13 in one-half mile of any covered transportation facility.
14 (b) For the purposes of this subdivision, a "covered transportation
15 center" shall be defined as:
16 (i) any rail station owned, operated or otherwise served by the New
17 Jersey transit corporation, or the metropolitan transportation author-
18 ity and its affiliated or subsidiary authorities, including, but not
19 limited to, the Metro-North railroad and the port authority of New
20 York and New Jersey, but not including the Long Island Rail Road, where
21 such station is not operated on a seasonal basis and such station is
22 located between one-half mile and sixty miles from the nearest border
23 of a city with a population of greater than one million people, as
24 measured on a straight line from such city's nearest border to such
25 rail station; or
26 (ii) any bus stop or station with designated parking for riders
27 located between one-half mile and sixty miles from the nearest
28 border of a city with a population greater than one million people as
29 measured on a straight line from such city's nearest border to such bus
30 stop or station; or
31 (iii) any rail station owned, operated or otherwise served by the Long
32 Island Rail Road that is not located within a city with a population
33 greater than one million people.
34 2. No village shall impose restrictions that effectively prevent the
35 construction or occupation of such dwellings, including, but not limited
36 to height, setbacks, floor area ratios, or parking. Nothing in this
37 section shall be interpreted to override the New York State Environ-
38 mental Quality Review Act or the New York State Uniform Fire Prevention
39 and Building Code Act, or regulations promulgated in accordance with any
40 such act, nor require the alteration or demolition of buildings desig-
41 nated as historical sites as of the date the act that created this
42 section was enacted pursuant to the New York State Historic Preservation
43 Act of 1980, as amended, or the National Historic Preservation Act of
44 1966, as amended.
45 3. A village's written or other comprehensive plan, zoning regu-
46 lations, special use permit regulations, subdivision regulations, site
47 plan review regulations, or any other planning, zoning, or other land
48 use tools enacted under this article, the municipal home rule law, or
49 any general, special or other law, as applicable, shall conform to the
50 requirements set forth in this section.
51 4. (a) Upon a failure of a local government to act upon an application
52 to construct or occupy residences in accordance with this section, or
53 denial of such application in violation of this section, any party
54 aggrieved by any such failure or denial may commence a special proceed-
55 ing against the subject local government and the officer pursuant to
56 article seventy-eight of the civil practice law and rules, in the
A. 6670 5
1 supreme court within the judicial district in which the local government
2 or the greater portion of the territory is located, to compel compliance
3 with the provisions of this section.
4 (b) If, upon commencement of such proceeding, it shall appear to the
5 court that testimony is necessary for the proper disposition of the
6 matter, the court may take evidence and determine the matter. Alterna-
7 tively, the court may appoint a hearing officer pursuant to article
8 forty-three of the civil practice law and rules to take such evidence as
9 it may direct and report the same to the court with the hearing offi-
10 cer's findings of fact and conclusions of law, which shall constitute a
11 part of the proceedings upon which the determination of the court shall
12 be made. The court may reverse or affirm, wholly or partly, or may
13 modify any decision brought to the court for review.
14 (c) Costs shall not be allowed against the local government and the
15 officer whose failure or refusal gave rise to the special proceeding,
16 unless it shall appear to the court that the local government and its
17 officer acted with gross negligence or in bad faith or with malice.
18 § 5. This act shall take effect one year after the date upon which it
19 shall have become a law.
