STATE OF NEW YORK
________________________________________________________________________
10668
IN ASSEMBLY
August 12, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
read once and referred to the Committee 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 2022".
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
26 border of a city with a population greater than one million people as
27 measured on a straight line from such city's nearest border to such bus
28 stop or station; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16062-01-2
A. 10668 2
1 (iii) any rail station owned, operated or otherwise served by the Long
2 Island Rail Road that is not located within a city with a population
3 greater than one million people.
4 2. No city shall impose restrictions that effectively prevent the
5 construction or occupation of such dwellings, including, but not limited
6 to height, setbacks, floor area ratios, or parking. Nothing in this
7 section shall be interpreted to override the New York State Environ-
8 mental Quality Review Act or the New York State Uniform Fire Prevention
9 and Building Code Act, or regulations promulgated in accordance with any
10 such act, nor require the alteration or demolition of buildings desig-
11 nated as historical sites as of the date the act that created this
12 section was enacted pursuant to the New York State Historic Preservation
13 Act of 1980, as amended, or the National Historic Preservation Act of
14 1966, as amended.
15 3. A city's written or other comprehensive plan, zoning regulations,
16 special use permit regulations, subdivision regulations, site plan
17 review regulations, or any planning, zoning, or other land use tools
18 enacted under this title, the municipal home rule law, or any general,
19 special or other law, as applicable, shall conform to the requirements
20 set forth in this section.
21 4. (a) Upon a failure of a local government to act upon an application
22 to construct or occupy residences in accordance with this section, or
23 denial of such application in violation of this section, any party
24 aggrieved by any such failure or denial may commence a special proceed-
25 ing against the subject local government and the officer pursuant to
26 article seventy-eight of the civil practice law and rules, in the
27 supreme court within the judicial district in which the local government
28 or the greater portion of the territory is located, to compel compliance
29 with the provisions of this section.
30 (b) If, upon commencement of such proceeding, it shall appear to the
31 court that testimony is necessary for the proper disposition of the
32 matter, the court may take evidence and determine the matter. Alterna-
33 tively, the court may appoint a hearing officer pursuant to article
34 forty-three of the civil practice law and rules to take such evidence as
35 it may direct and report the same to the court with the hearing offi-
36 cer's findings of fact and conclusions of law, which shall constitute a
37 part of the proceedings upon which the determination of the court shall
38 be made. The court may reverse or affirm, wholly or partly, or may
39 modify any decision brought to the court for review.
40 (c) Costs shall not be allowed against the local government and the
41 officer whose failure or refusal gave rise to the special proceeding,
42 unless it shall appear to the court that the local government and its
43 officer acted with gross negligence or in bad faith or with malice.
44 § 3. The town law is amended by adding a new section 261-d to read as
45 follows:
46 § 261-d. Transit-oriented development. 1. (a) Notwithstanding the
47 provisions of any general, special, charter, local, or other law,
48 including the common law, to the contrary, all towns shall permit the
49 construction and occupation of dwelling units with a density of twenty-
50 five dwelling units per acre or more, on any land wherein residential
51 construction and occupation is otherwise permitted if such land is with-
52 in one-half mile of any covered transportation facility.
53 (b) For the purposes of this subdivision, a "covered transportation
54 center" shall be defined as:
55 (i) any rail station owned, operated or otherwise served by the New
56 Jersey transit corporation, or the metropolitan transportation author-
A. 10668 3
1 ity and its affiliated or subsidiary authorities, including, but not
2 limited to, the Metro-North railroad and the port authority of New
3 York and New Jersey, but not including the Long Island Rail Road, where
4 such station is not operated on a seasonal basis and such station is
5 located between one-half mile and sixty miles from the nearest border
6 of a city with a population of greater than one million people, as meas-
7 ured on a straight line from such city's nearest border to such rail
8 station; or
9 (ii) any bus stop or station with designated parking for riders
10 located between one-half mile and sixty miles from the nearest
11 border of a city with a population greater than one million people as
12 measured on a straight line from such city's nearest border to such bus
13 stop or station; or
14 (iii) any rail station owned, operated or otherwise served by the Long
15 Island Rail Road that is not located within a city with a population
16 greater than one million people.
17 2. No town shall impose restrictions that effectively prevent the
18 construction or occupation of such dwellings, including, but not limited
19 to height, setbacks, floor area ratios, or parking. Nothing in this
20 section shall be interpreted to override the New York State Environ-
21 mental Quality Review Act or the New York State Uniform Fire Prevention
22 and Building Code Act, or regulations promulgated in accordance with any
23 such act, nor require the alteration or demolition of buildings desig-
24 nated as historical sites as of the date the act that created this
25 section was enacted pursuant to the New York State Historic Preservation
26 Act of 1980, as amended, or the National Historic Preservation Act of
27 1966, as amended.
28 3. A town's written comprehensive plan, zoning regulations, special
29 use permit regulations, subdivision regulations, site plan review regu-
30 lations, or any planning, zoning, or other land use tools enacted under
31 this title, the municipal home rule law, or any general, special or
32 other law, as applicable, shall conform to the requirements set forth in
33 this section.
34 4. (a) Upon a failure of a local government to act upon an application
35 to construct or occupy residences in accordance with this section, or
36 denial of such application in violation of this section, any party
37 aggrieved by any such failure or denial may commence a special proceed-
38 ing against the subject local government and the officer pursuant to
39 article seventy-eight of the civil practice law and rules, in the
40 supreme court within the judicial district in which the local government
41 or the greater portion of the territory is located, to compel compliance
42 with the provisions of this section.
43 (b) If, upon commencement of such proceeding, it shall appear to the
44 court that testimony is necessary for the proper disposition of the
45 matter, the court may take evidence and determine the matter. Alterna-
46 tively, the court may appoint a hearing officer pursuant to article
47 forty-three of the civil practice law and rules to take such evidence as
48 it may direct and report the same to the court with the hearing offi-
49 cer's findings of fact and conclusions of law, which shall constitute a
50 part of the proceedings upon which the determination of the court shall
51 be made. The court may reverse or affirm, wholly or partly, or may
52 modify any decision brought to the court for review.
53 (c) Costs shall not be allowed against the local government and the
54 officer whose failure or refusal gave rise to the special proceeding,
55 unless it shall appear to the court that the local government and its
56 officer acted with gross negligence or in bad faith or with malice.
A. 10668 4
1 § 4. The village law is amended by adding a new section 7-700-a to
2 read as follows:
3 § 7-700-a Transit-oriented development. 1. (a) Notwithstanding the
4 provisions of any general, special, charter, local, or other law,
5 including the common law, to the contrary, all villages shall permit the
6 construction and occupation of dwelling units with a density of at least
7 twenty-five dwelling units per acre, on any land wherein residential
8 construction and occupation is otherwise permitted if such land is with-
9 in one-half mile of any covered transportation facility.
10 (b) For the purposes of this subdivision, a "covered transportation
11 center" shall be defined as:
12 (i) any rail station owned, operated or otherwise served by the New
13 Jersey transit corporation, or the metropolitan transportation author-
14 ity and its affiliated or subsidiary authorities, including, but not
15 limited to, the Metro-North railroad and the port authority of New
16 York and New Jersey, but not including the Long Island Rail Road, where
17 such station is not operated on a seasonal basis and such station is
18 located between one-half mile and sixty miles from the nearest border
19 of a city with a population of greater than one million people, as
20 measured on a straight line from such city's nearest border to such
21 rail station; or
22 (ii) any bus stop or station with designated parking for riders
23 located between one-half mile and sixty miles from the nearest
24 border of a city with a population greater than one million people as
25 measured on a straight line from such city's nearest border to such bus
26 stop or station; or
27 (iii) any rail station owned, operated or otherwise served by the Long
28 Island Rail Road that is not located within a city with a population
29 greater than one million people.
30 2. No village shall impose restrictions that effectively prevent the
31 construction or occupation of such dwellings, including, but not limited
32 to height, setbacks, floor area ratios, or parking. Nothing in this
33 section shall be interpreted to override the New York State Environ-
34 mental Quality Review Act or the New York State Uniform Fire Prevention
35 and Building Code Act, or regulations promulgated in accordance with any
36 such act, nor require the alteration or demolition of buildings desig-
37 nated as historical sites as of the date the act that created this
38 section was enacted pursuant to the New York State Historic Preservation
39 Act of 1980, as amended, or the National Historic Preservation Act of
40 1966, as amended.
41 3. A village's written or other comprehensive plan, zoning regu-
42 lations, special use permit regulations, subdivision regulations, site
43 plan review regulations, or any other planning, zoning, or other land
44 use tools enacted under this article, the municipal home rule law, or
45 any general, special or other law, as applicable, shall conform to the
46 requirements set forth in this section.
47 4. (a) Upon a failure of a local government to act upon an application
48 to construct or occupy residences in accordance with this section, or
49 denial of such application in violation of this section, any party
50 aggrieved by any such failure or denial may commence a special proceed-
51 ing against the subject local government and the officer pursuant to
52 article seventy-eight of the civil practice law and rules, in the
53 supreme court within the judicial district in which the local government
54 or the greater portion of the territory is located, to compel compliance
55 with the provisions of this section.
A. 10668 5
1 (b) If, upon commencement of such proceeding, it shall appear to the
2 court that testimony is necessary for the proper disposition of the
3 matter, the court may take evidence and determine the matter. Alterna-
4 tively, the court may appoint a hearing officer pursuant to article
5 forty-three of the civil practice law and rules to take such evidence as
6 it may direct and report the same to the court with the hearing offi-
7 cer's findings of fact and conclusions of law, which shall constitute a
8 part of the proceedings upon which the determination of the court shall
9 be made. The court may reverse or affirm, wholly or partly, or may
10 modify any decision brought to the court for review.
11 (c) Costs shall not be allowed against the local government and the
12 officer whose failure or refusal gave rise to the special proceeding,
13 unless it shall appear to the court that the local government and its
14 officer acted with gross negligence or in bad faith or with malice.
15 § 5. This act shall take effect one year after the date upon which it
16 shall have become a law.
