S T A T E   O F   N E W   Y O R K
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                                    520
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. PAULIN, COOK, SCHIMMINGER, BRABENEC -- read once
   and referred to the Committee 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.
   § 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03698-01-9

 A. 520                              2
 
 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.
   § 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.
   § 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.