S T A T E   O F   N E W   Y O R K
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                                 347--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. PAULIN, MORELLE, REILLY, COOK, SPANO, SCHIMMINGER
  --  Multi-Sponsored by -- M. of A. LATIMER, McENENY, MOLINARO, SCHIMEL
  -- read once and referred to the Committee  on  Local  Governments  --
  reported   and  referred  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00882-11-1

A. 347--A                           2

WHICH APPLICATION MEETS  ALL  NON-DISCRETIONARY  REQUIREMENTS  SPECIFIED
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.

A. 347--A                           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.