Grants towns and villages site plan review over railroad stations and other rail facilities of the metropolitan transportation authority in order that changes and improvements to such stations and facilities may be properly integrated into the landscape of such towns and villages in which they are located; provides that the governmental nature of the metropolitan transportation authority shall not exempt its rail stations and railroad facilities from site plan review by towns and villages.
STATE OF NEW YORK
________________________________________________________________________
S. 1451 A. 1404
2011-2012 Regular Sessions
SENATE - ASSEMBLY
January 7, 2011
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Transporta-
tion
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to granting the
power of site plan review to towns and villages over railroad facili-
ties of the metropolitan transportation authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature hereby finds that
2 pursuant to title 11 of article 5 of the public authorities law, the
3 metropolitan transportation authority operates railroad facilities with-
4 in the state of New York, including stations, terminals, platforms and
5 other buildings, structures, and improvements. Historically, the legis-
6 lature has exempted the metropolitan transportation authority from the
7 local laws, ordinances, resolutions, and rules and regulations of poli-
8 tical subdivisions, including but not limited to zoning and land use
9 regulations.
10 The legislature hereby finds that it is necessary and desirable to now
11 subject the metropolitan transportation authority to limited municipal
12 authority with regard to site plan review of railroad facilities.
13 Specifically, railroad facilities established by the metropolitan trans-
14 portation authority, including stations, terminals, platforms, and other
15 buildings, structures, and improvements are located in communities
16 throughout the metropolitan transportation authority service area. Many
17 of these railroad facilities are centrally located in these communities
18 and are an integral part of the character and history of these communi-
19 ties.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03790-01-1
S. 1451 2 A. 1404
1 Any changes to such railroad facilities could have significant adverse
2 impacts for the quality of life, aesthetics, environment, and character
3 of the communities where they are located. The metropolitan transporta-
4 tion authority does not possess the expertise on local land use issues
5 to adequately protect these important aesthetic and land use concerns.
6 Local government is best equipped to ensure that railroad facilities are
7 properly integrated into the community where they are to be located. It
8 is the purpose of this legislation to give towns and villages site plan
9 review over such facilities.
10 § 2. Section 1264 of the public authorities law is amended by adding a
11 new subdivision 3 to read as follows:
12 3. Nothing provided in this section relating to the purposes of the
13 authority shall be deemed as limiting the jurisdiction of towns and
14 villages to exercise the power of site plan review over railroad facili-
15 ties.
16 § 3. Section 1266 of the public authorities law is amended by adding a
17 new subdivision 19 to read as follows:
18 19. Notwithstanding the provisions of subdivisions eight and eleven of
19 this section, or any other provision of law to the contrary, towns,
20 pursuant to section two hundred seventy-four-a of the town law, and
21 villages, pursuant to section 7-725-a of the village law, shall have the
22 power to exercise site plan review over the railroad facilities of the
23 authority. The local law or zoning ordinance establishing site plan
24 review shall specify that railroad facilities, as defined in section
25 twelve hundred sixty-one of this title, are subject to site plan review.
26 Where a town or village has established such jurisdiction, no railroad
27 facility shall be constructed, modified, altered, added to, or otherwise
28 changed, without first receiving site plan approval from the appropriate
29 town or village.
30 § 4. Severability. If any clause, sentence, paragraph, section or part
31 of this act shall be adjudged by any court of competent jurisdiction to
32 be invalid, the judgment shall not affect, impair or invalidate the
33 remainder thereof, but shall be confined in its operation to the clause,
34 sentence, paragraph, section or part of this act directly involved in
35 the controversy in which the judgment shall have been rendered.
36 § 5. This act shall take effect immediately.
