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.

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S1451-2011 Actions

• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Jan 7, 2011: REFERRED TO TRANSPORTATION

S1451-2011 Meetings

Transportation: Apr 5, 2011

S1451-2011 Memo

BILL NUMBER:S1451

TITLE OF BILL:
An act
to amend the public authorities law, in relation to granting the power
of site plan review to towns and villages over railroad facilities of
the metropolitan transportation authority

PURPOSE:
To give towns and villages site plan review over railroad
stations and other rail facilities of the MTA, so that such
facilities are properly integrated into the landscape of the community.

SUMMARY OF PROVISIONS:
Section 1 Makes legislative findings.

Section 2 Provides that the governmental nature of the MTA's
activities shall not exempt railroad facilities from site plan review
by towns and villages.

Section 3 Grants site plan power to towns and Villages over railroad
facilities of the MTA.

Section 4 Severability clause.

Section 5 Effective date.

JUSTIFICATION:
Currently, the MTA is exempt from the authority of
local government, local laws, ordinances, resolutions, and rules and
regulations, including zoning and land use laws. This means that the
MTA, which has proven itself to be unaccountable to the public and
local government, can construct or change local railroad stations
without regard to community character, historic preservation, or
other quality of life concerns.

Specifically, with regard to the Long Island Railroad, the MTA
recently released a plan to modify stations in its diesel territory
which could adversely alter these stations and the communities in
which they are located.

Of particular importance is the face that such railroad facilities are
frequently centrally located in communities and are a hub where many
people often congregate.
In short, railroad facilities are an important element in the
character of a community.

Therefore, it is imperative that local government have a say in how a
community resource, such as a railroad station is constructed or
modified.

The granting of site plan review over MTA rail facilities is the best
way of insuring that community character is maintained without
placing an undue burden on the MTA to perform its responsibilities or
providing mass transit services.


LEGISLATIVE HISTORY:
1995-96: S.7438
1997-98: S.1398/A.2177
1999-00: S.392
2001-02: S.2464
2003-04: S.3267/A.7094
2005-06: S.29/A.3847
2007-08: S.1335/A.2764
2009-10: S.2548/A.5937

FISCAL IMPLICATIONS:
Minimal to the MTA.

EFFECTIVE DATE:
This act shall take effect immediately.

S1451-2011 Text

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

      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:


    Section 1. Legislative findings. The  legislature  hereby  finds  that
  pursuant  to  title  11  of article 5 of the public authorities law, the
  metropolitan transportation authority operates railroad facilities with-
  in the state of New York, including stations, terminals,  platforms  and
  other  buildings, structures, and improvements. Historically, the legis-
  lature has exempted the metropolitan transportation authority  from  the
  local  laws, ordinances, resolutions, and rules and regulations of poli-
  tical subdivisions, including but not limited to  zoning  and  land  use
  regulations.
    The legislature hereby finds that it is necessary and desirable to now
  subject  the  metropolitan transportation authority to limited municipal
  authority with regard  to  site  plan  review  of  railroad  facilities.
  Specifically, railroad facilities established by the metropolitan trans-
  portation authority, including stations, terminals, platforms, and other
  buildings,  structures,  and  improvements  are  located  in communities
  throughout the metropolitan transportation authority service area.  Many
  of  these railroad facilities are centrally located in these communities
  and are an integral part of the character and history of these  communi-
  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

    Any changes to such railroad facilities could have significant adverse
  impacts  for the quality of life, aesthetics, environment, and character
  of the communities where they are located. The metropolitan  transporta-
  tion  authority  does not possess the expertise on local land use issues
  to  adequately  protect these important aesthetic and land use concerns.
  Local government is best equipped to ensure that railroad facilities are
  properly integrated into the community where they are to be located.  It
  is  the purpose of this legislation to give towns and villages site plan
  review over such facilities.
    S 2. Section 1264 of the public authorities law is amended by adding a
  new subdivision 3 to read as follows:

    3. NOTHING PROVIDED IN THIS SECTION RELATING TO THE  PURPOSES  OF  THE
  AUTHORITY  SHALL  BE  DEEMED  AS  LIMITING THE JURISDICTION OF TOWNS AND
  VILLAGES TO EXERCISE THE POWER OF SITE PLAN REVIEW OVER RAILROAD FACILI-
  TIES.
    S 3. Section 1266 of the public authorities law is amended by adding a
  new subdivision 19 to read as follows:

    19. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS EIGHT AND ELEVEN OF
  THIS SECTION, OR ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  TOWNS,
  PURSUANT  TO  SECTION  TWO  HUNDRED  SEVENTY-FOUR-A OF THE TOWN LAW, AND
  VILLAGES, PURSUANT TO SECTION 7-725-A OF THE VILLAGE LAW, SHALL HAVE THE
  POWER TO EXERCISE SITE PLAN REVIEW OVER THE RAILROAD FACILITIES  OF  THE
  AUTHORITY.  THE  LOCAL  LAW  OR  ZONING ORDINANCE ESTABLISHING SITE PLAN
  REVIEW SHALL SPECIFY THAT RAILROAD FACILITIES,  AS  DEFINED  IN  SECTION
  TWELVE HUNDRED SIXTY-ONE OF THIS TITLE, ARE SUBJECT TO SITE PLAN REVIEW.
  WHERE  A  TOWN OR VILLAGE HAS ESTABLISHED SUCH JURISDICTION, NO RAILROAD
  FACILITY SHALL BE CONSTRUCTED, MODIFIED, ALTERED, ADDED TO, OR OTHERWISE
  CHANGED, WITHOUT FIRST RECEIVING SITE PLAN APPROVAL FROM THE APPROPRIATE
  TOWN OR VILLAGE.
    S 4. Severability. If any clause, sentence, paragraph, section or part
  of this act shall be adjudged by any court of competent jurisdiction  to
  be  invalid,  the  judgment  shall  not affect, impair or invalidate the
  remainder thereof, but shall be confined in its operation to the clause,
  sentence, paragraph, section or part of this act  directly  involved  in
  the controversy in which the judgment shall have been rendered.
    S 5. This act shall take effect immediately.