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

                                   494

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. PAULIN, MORELLE, COOK, SCHIMMINGER -- Multi-Spon-
  sored by -- M. of A.  SCHIMEL -- read once and referred to the Commit-
  tee on Local Governments

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 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

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

                                                           LBD04873-01-3

A. 494                              2

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  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.

A. 494                              3

  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.