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 6 years after they take effect.
TITLE OF BILL: 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
PURPOSE: This legislation will create a 6 year pilot program in Dutchess, Orange, Putnam, Rockland and Westchester county relating to lawful and environmentally-responsible improvement of property ownership rights for private and public entities. This pilot program will study the correlation between the vested property rights legislation and its impact on the creation of jobs and economic development.
SUMMARY OF PROVISIONS: Section 150 Applications of article 7B is added to include the provisions of this article shall apply only to the counties of Dutchess, Orange, Putnam, Rockland and Westchester, and to no other counties in the state.
JUSTIFICATION: Currently in New York State, there is no predictability or protection in the ownership of property from changes by local municipalities from adding restrictive zoning, confiscatory building codes or other regulations which did not exist at the time of the purchase and investment in a specific property.
When a local municipality adds these restrictive practices after a project has been approved, business becomes more tenuous, costly and unpredictable. Due to this practice an unfair burden is created and placed on property owners and businesses that result in the loss of jobs, investment, commerce and industry in the State of New York.
This pilot program will study the impact on predictability and security in relation to effect that property rights will have on the creation and retention of jobs in New York State. This legislation does not impact a municipality's authority to stop a project that could harm or endanger the surrounding community. This legislation will not have an impact on the State Environment Quality Review Process (SEQR Process) and property owners and investors will still be required to continue to fully comply with the full intent of the SEQR Process.
LEGISLATIVE HISTORY: New legislation in Senate.
FISCAL IMPLICATIONS: None.
This act shall take effect on the 180th day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 4554--B Cal. No. 541 2011-2012 Regular Sessions IN SENATE April 12, 2011 ___________Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading 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: Section 1. The general municipal law is amended by adding a new arti- cle 7-B to read as follows: ARTICLE 7-B VESTED RIGHTS RELATING TO LAND DEVELOPMENT SECTION 150. VESTED RIGHTS RELATING TO LAND DEVELOPMENT; PILOT PROGRAM. 151. APPLICATION OF ARTICLE. S 150. VESTED RIGHTS RELATING TO LAND DEVELOPMENT; PILOT PROGRAM. 1. IN THE COUNTIES OF DUTCHESS, ORANGE, PUTNAM, ROCKLAND AND WESTCHESTER, THERE SHALL BE A PRESUMPTION, REBUTTABLE BY A MUNICIPALITY IN ANY SUCH COUNTY ONLY PURSUANT TO SUBDIVISION TWO OF THIS SECTION BY CLEAR AND CONVINCING EVIDENCE, THAT MUNICIPAL ZONING, PLANNING, ENVIRONMENTAL, AND ALL OTHER APPLICABLE VILLAGE, TOWN, OR CITY ORDINANCES, REGULATIONS AND OTHER ENACTMENTS REGULATING THE DEVELOPMENT OF LAND WHICH ARE APPLICABLE TO A PARTICULAR PARCEL OF LAND AS OF THE NINTH MONTH AFTER THE FILING DATE OF AN APPLICATION DEEMED COMPLETED BY THE MUNICIPALITY FOR SITE PLAN, SUBDIVISION OR OTHER DEVELOPMENT PLAN APPROVAL OF SUCH PARCEL, WHICH APPLICATION MEETS ALL NON-DISCRETIONARY REQUIREMENTS SPECIFIEDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00882-12-1 S. 4554--B 2
THEREFOR, INCLUDING, BUT NOT LIMITED TO A SURVEY PREPARED BY A LICENSED SURVEYOR AND PLANS PREPARED BY A LICENSED ENGINEER OR ARCHITECT AND IS ACCOMPANIED BY AN ENVIRONMENTAL ASSESSMENT FORM, IF REQUIRED, OR AT THE DISCRETION OF THE APPLICANT A DRAFT ENVIRONMENTAL IMPACT STATEMENT, SHALL REMAIN APPLICABLE TO THE PROPOSED PROJECT THAT IS THE SUBJECT OF THE APPLICATION OR THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR A PERIOD OF SIX YEARS AFTER THE FILING DATE, AS LONG AS IT IS BEING PURSUED WITH REASONABLE EFFORTS BY THE APPLICANT. IF NO STATE OR LOCAL AGENCY HAS DISCRETIONARY AUTHORITY OVER THE PROJECT, THE FILING DATE SHALL BE THAT OF THE FILING OF AN APPLICATION FOR A BUILDING PERMIT, TOGETHER WITH A SURVEY PREPARED BY A LICENSED SURVEYOR AND PLANS PREPARED BY A LICENSED ENGINEER OR ARCHITECT IN WHICH CASE NO ENVIRONMENTAL DOCUMENTATION NEED BE FILED IN ORDER FOR THIS SECTION TO APPLY. WRITTEN NOTICE OF SUCH APPLICATION, EXCEPT IN THE CASE OF A ONE-FAMILY DWELLING, SHALL BE GIVEN BY THE APPLICANT TO ALL PROPERTY OWNERS WITHIN A DISTANCE OF TWO HUNDRED FIFTY FEET OF THE APPLICANT'S PROPERTY LINES BY FIRST CLASS MAIL TO THE LAST KNOWN ADDRESS ON THE TAX RECORDS. THE APPLICANT SHALL FILE AN AFFI- DAVIT WITH THE MUNICIPALITY OF THE MAILING OF SUCH NOTICE. 2. IN ORDER TO REBUT THE PRESUMPTION ESTABLISHED PURSUANT TO SUBDIVI- SION ONE OF THIS SECTION, A MUNICIPAL BOARD MUST ADOPT A DETAILED WRIT- TEN FINDING AND HAS THE BURDEN OF PROOF TO SHOW BY CLEAR AND CONVINCING EVIDENCE THAT: A. A CHANGE IN APPLICABLE FEDERAL OR STATE LAWS, RULES OR REGULATIONS ALTERS THE RELEVANT REQUIREMENTS; OR B. NEWLY DISCOVERED INFORMATION OR CHANGES IN CIRCUMSTANCES SPECIF- ICALLY RELATED TO THE PROPOSED PROJECT OR ITS SITE, WILL ESTABLISH THAT: (I) THE PROJECT IS LIKELY TO HARM OR ENDANGER THE PUBLIC HEALTH, SAFE- TY, GENERAL WELFARE OR BIOLOGICAL HABITAT; AND (II) SUCH HARM OR ENDANGERMENT WILL NOT BE PREVENTED BY EXISTING LAWS, CODES, ORDINANCES, RULES OR REGULATIONS, OR BY GOVERNMENTAL ENTITIES; OR C. THE MUNICIPAL BOARD IS APPLYING A NEW OR ALTERED REQUIREMENT THAT HAS BEEN THE SUBJECT OF A DRAFT ENVIRONMENTAL IMPACT STATEMENT THAT WAS FILED BEFORE THE FILING DATE OF THE SUBJECT APPLICATION, AND HAS SUBSE- QUENTLY BECOME FINAL IN NOT SUBSTANTIALLY MORE STRINGENT FORM THAN THAT DESCRIBED IN SUCH DOCUMENT, INSOFAR AS IS RELEVANT TO THE SUBJECT PROJECT. 3. SUCH A FINDING SHALL BE DEEMED TO BE A FINAL AGENCY ACTION FOR PURPOSES OF ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES AND MUST BE CHALLENGED WITHIN FOUR MONTHS OF THE ADOPTION OF THE FINDING BY A MUNICIPAL BOARD. 4. NOTHING IN THIS SECTION SHALL BE INTERPRETED TO PRECLUDE: A. THE ADMINISTRATION OF ALL EXISTING LAWS, RULES AND REGULATIONS AS A RESULT OF WHICH THERE COULD BE REQUIREMENTS IMPOSED ON THE PROPOSED PROJECT; OR B. CHANGES TO SUCH LAWS, RULES AND REGULATIONS THAT WOULD AFFECT FUTURE APPLICATIONS. 5. THIS SECTION SHALL NOT APPLY TO APPLICATIONS REQUIRING CHANGES IN ZONING PROVISIONS THAT ARE SOUGHT BY THE APPLICANT IN CONNECTION WITH THE PROPOSED PROJECT PRIOR TO THE ADOPTION OF ANY SUCH CHANGES. 6. ANY SUBSTANTIAL CHANGES TO THE PROPOSED PROJECT WHICH IS THE SUBJECT OF THE APPLICATION BY THE APPLICANT, WHICH HAVE NOT BEEN GENER- ATED IN RESPONSE TO A COMMENT (EXCEPTING A COMMENT BY, ON BEHALF OF OR AT THE BEHEST OF THE APPLICANT) DURING THE REVIEW PROCESS, WILL BE DEEMED A NEW APPLICATION.S. 4554--B 3
S 151. APPLICATION OF ARTICLE. THE PROVISIONS OF THIS ARTICLE SHALL APPLY ONLY TO THE COUNTIES OF DUTCHESS, ORANGE, PUTNAM, ROCKLAND AND WESTCHESTER, AND TO NO OTHER COUNTIES IN THE STATE. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law; and shall expire and be deemed repealed six years after it shall take effect but shall continue to apply to parcels for which an application has been filed pursuant to section 150 of the general municipal law prior to such repeal.