S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10668
 
                           I N  A S S E M B L Y
 
                              August 12, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
   read once and referred to the Committee on Local Governments
 
 AN ACT to amend the general city law, the town law and the village  law,
   in relation to transit-oriented development
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Transit-Oriented Development act of 2022".
   §  2.  The general city law is amended by adding a new section 20-h to
 read as follows:
   § 20-H.  TRANSIT-ORIENTED  DEVELOPMENT.  1.  (A)  NOTWITHSTANDING  THE
 PROVISIONS  OF  ANY  GENERAL,  SPECIAL,  CHARTER,  LOCAL,  OR OTHER LAW,
 INCLUDING THE COMMON LAW, TO THE CONTRARY, ALL CITIES SHALL  PERMIT  THE
 CONSTRUCTION AND OCCUPATION OF DWELLING UNITS WITH A DENSITY OF AT LEAST
 TWENTY-FIVE  DWELLING  UNITS  PER  ACRE, ON ANY LAND WHEREIN RESIDENTIAL
 CONSTRUCTION AND OCCUPATION IS OTHERWISE PERMITTED IF SUCH LAND IS WITH-
 IN ONE-HALF MILE OF ANY COVERED TRANSPORTATION FACILITY.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION,  A  "COVERED  TRANSPORTATION
 CENTER" SHALL BE DEFINED AS:
   (I)  ANY  RAIL  STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE NEW
 JERSEY TRANSIT CORPORATION, OR THE  METROPOLITAN  TRANSPORTATION AUTHOR-
 ITY AND ITS AFFILIATED OR SUBSIDIARY  AUTHORITIES,  INCLUDING,  BUT  NOT
 LIMITED  TO,  THE METRO-NORTH RAILROAD AND  THE  PORT  AUTHORITY  OF NEW
 YORK AND NEW JERSEY, BUT NOT INCLUDING THE LONG ISLAND RAIL ROAD,  WHERE
 SUCH  STATION  IS  NOT  OPERATED ON A SEASONAL BASIS AND SUCH STATION IS
 LOCATED BETWEEN ONE-HALF MILE AND SIXTY MILES FROM THE   NEAREST  BORDER
 OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEAS-
 URED  ON  A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO  SUCH  RAIL
 STATION; OR
   (II) ANY BUS STOP  OR  STATION  WITH  DESIGNATED  PARKING  FOR  RIDERS
 LOCATED  BETWEEN  ONE-HALF MILE AND   SIXTY   MILES   FROM  THE  NEAREST
 BORDER OF A CITY WITH A POPULATION GREATER THAN ONE  MILLION  PEOPLE  AS
 MEASURED  ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH BUS
 STOP OR STATION; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16062-01-2
 A. 10668                            2
 
   (III) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE LONG
 ISLAND RAIL ROAD THAT IS NOT LOCATED WITHIN A  CITY  WITH  A  POPULATION
 GREATER THAN ONE MILLION PEOPLE.
   2.  NO  CITY  SHALL  IMPOSE  RESTRICTIONS THAT EFFECTIVELY PREVENT THE
 CONSTRUCTION OR OCCUPATION OF SUCH DWELLINGS, INCLUDING, BUT NOT LIMITED
 TO HEIGHT, SETBACKS, FLOOR AREA RATIOS,  OR  PARKING.  NOTHING  IN  THIS
 SECTION  SHALL  BE  INTERPRETED  TO OVERRIDE THE NEW YORK STATE ENVIRON-
 MENTAL QUALITY REVIEW ACT OR THE NEW YORK STATE UNIFORM FIRE  PREVENTION
 AND BUILDING CODE ACT, OR REGULATIONS PROMULGATED IN ACCORDANCE WITH ANY
 SUCH  ACT,  NOR REQUIRE THE ALTERATION OR DEMOLITION OF BUILDINGS DESIG-
 NATED AS HISTORICAL SITES AS OF THE  DATE  THE  ACT  THAT  CREATED  THIS
 SECTION WAS ENACTED PURSUANT TO THE NEW YORK STATE HISTORIC PRESERVATION
 ACT  OF  1980,  AS AMENDED, OR THE NATIONAL HISTORIC PRESERVATION ACT OF
 1966, AS AMENDED.
   3. A CITY'S WRITTEN OR OTHER COMPREHENSIVE PLAN,  ZONING  REGULATIONS,
 SPECIAL  USE  PERMIT  REGULATIONS,  SUBDIVISION  REGULATIONS,  SITE PLAN
 REVIEW REGULATIONS, OR ANY PLANNING, ZONING, OR  OTHER  LAND  USE  TOOLS
 ENACTED  UNDER  THIS TITLE, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL,
 SPECIAL OR OTHER LAW, AS APPLICABLE, SHALL CONFORM TO  THE  REQUIREMENTS
 SET FORTH IN THIS SECTION.
   4. (A) UPON A FAILURE OF A LOCAL GOVERNMENT TO ACT UPON AN APPLICATION
 TO  CONSTRUCT  OR  OCCUPY RESIDENCES IN ACCORDANCE WITH THIS SECTION, OR
 DENIAL OF SUCH APPLICATION IN  VIOLATION  OF  THIS  SECTION,  ANY  PARTY
 AGGRIEVED  BY ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEED-
 ING AGAINST THE SUBJECT LOCAL GOVERNMENT AND  THE  OFFICER  PURSUANT  TO
 ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL  PRACTICE  LAW  AND RULES, IN THE
 SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH THE LOCAL GOVERNMENT
 OR THE GREATER PORTION OF THE TERRITORY IS LOCATED, TO COMPEL COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
   (B) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR  TO  THE
 COURT  THAT  TESTIMONY  IS  NECESSARY  FOR THE PROPER DISPOSITION OF THE
 MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.   ALTERNA-
 TIVELY,  THE  COURT  MAY  APPOINT  A HEARING OFFICER PURSUANT TO ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH  THE  HEARING  OFFI-
 CER'S  FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
 PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT  SHALL
 BE  MADE.    THE  COURT  MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY
 MODIFY ANY DECISION BROUGHT TO THE COURT FOR REVIEW.
   (C) COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL  GOVERNMENT  AND  THE
 OFFICER  WHOSE  FAILURE  OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING,
 UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL  GOVERNMENT  AND  ITS
 OFFICER ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE.
   §  3. The town law is amended by adding a new section 261-d to read as
 follows:
   § 261-D. TRANSIT-ORIENTED DEVELOPMENT.   1.  (A)  NOTWITHSTANDING  THE
 PROVISIONS  OF  ANY  GENERAL,  SPECIAL,  CHARTER,  LOCAL,  OR OTHER LAW,
 INCLUDING THE COMMON LAW, TO THE CONTRARY, ALL TOWNS  SHALL  PERMIT  THE
 CONSTRUCTION  AND OCCUPATION OF DWELLING UNITS WITH A DENSITY OF TWENTY-
 FIVE DWELLING UNITS PER ACRE OR MORE, ON ANY  LAND  WHEREIN  RESIDENTIAL
 CONSTRUCTION AND OCCUPATION IS OTHERWISE PERMITTED IF SUCH LAND IS WITH-
 IN ONE-HALF MILE OF ANY COVERED TRANSPORTATION FACILITY.
   (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, A "COVERED TRANSPORTATION
 CENTER" SHALL BE DEFINED AS:
   (I) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED  BY  THE  NEW
 JERSEY TRANSIT CORPORATION, OR THE  METROPOLITAN  TRANSPORTATION AUTHOR-
 A. 10668                            3
 
 ITY  AND  ITS  AFFILIATED  OR SUBSIDIARY AUTHORITIES, INCLUDING, BUT NOT
 LIMITED TO, THE METRO-NORTH RAILROAD AND  THE  PORT  AUTHORITY   OF  NEW
 YORK  AND NEW JERSEY, BUT NOT INCLUDING THE LONG ISLAND RAIL ROAD, WHERE
 SUCH  STATION  IS  NOT  OPERATED ON A SEASONAL BASIS AND SUCH STATION IS
 LOCATED BETWEEN ONE-HALF MILE AND SIXTY MILES FROM THE   NEAREST  BORDER
 OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEAS-
 URED ON A STRAIGHT LINE FROM SUCH CITY'S  NEAREST  BORDER TO  SUCH  RAIL
 STATION; OR
   (II)  ANY  BUS  STOP  OR  STATION  WITH  DESIGNATED PARKING FOR RIDERS
 LOCATED BETWEEN ONE-HALF MILE AND   SIXTY   MILES   FROM   THE   NEAREST
 BORDER  OF  A  CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE AS
 MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH  BUS
 STOP OR STATION; OR
   (III) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE LONG
 ISLAND  RAIL  ROAD  THAT  IS NOT LOCATED WITHIN A CITY WITH A POPULATION
 GREATER THAN ONE MILLION PEOPLE.
   2. NO TOWN SHALL IMPOSE  RESTRICTIONS  THAT  EFFECTIVELY  PREVENT  THE
 CONSTRUCTION OR OCCUPATION OF SUCH DWELLINGS, INCLUDING, BUT NOT LIMITED
 TO  HEIGHT,  SETBACKS,  FLOOR  AREA RATIOS, OR PARKING.  NOTHING IN THIS
 SECTION SHALL BE INTERPRETED TO OVERRIDE THE  NEW  YORK  STATE  ENVIRON-
 MENTAL  QUALITY REVIEW ACT OR THE NEW YORK STATE UNIFORM FIRE PREVENTION
 AND BUILDING CODE ACT, OR REGULATIONS PROMULGATED IN ACCORDANCE WITH ANY
 SUCH ACT, NOR REQUIRE THE ALTERATION OR DEMOLITION OF  BUILDINGS  DESIG-
 NATED  AS  HISTORICAL  SITES  AS  OF  THE DATE THE ACT THAT CREATED THIS
 SECTION WAS ENACTED PURSUANT TO THE NEW YORK STATE HISTORIC PRESERVATION
 ACT OF 1980, AS AMENDED, OR THE NATIONAL HISTORIC  PRESERVATION  ACT  OF
 1966, AS AMENDED.
   3.  A  TOWN'S  WRITTEN COMPREHENSIVE PLAN, ZONING REGULATIONS, SPECIAL
 USE PERMIT REGULATIONS, SUBDIVISION REGULATIONS, SITE PLAN REVIEW  REGU-
 LATIONS,  OR ANY PLANNING, ZONING, OR OTHER LAND USE TOOLS ENACTED UNDER
 THIS TITLE, THE MUNICIPAL HOME RULE LAW,  OR  ANY  GENERAL,  SPECIAL  OR
 OTHER LAW, AS APPLICABLE, SHALL CONFORM TO THE REQUIREMENTS SET FORTH IN
 THIS SECTION.
   4. (A) UPON A FAILURE OF A LOCAL GOVERNMENT TO ACT UPON AN APPLICATION
 TO  CONSTRUCT  OR  OCCUPY RESIDENCES IN ACCORDANCE WITH THIS SECTION, OR
 DENIAL OF SUCH APPLICATION IN  VIOLATION  OF  THIS  SECTION,  ANY  PARTY
 AGGRIEVED  BY ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEED-
 ING AGAINST THE SUBJECT LOCAL GOVERNMENT AND  THE  OFFICER  PURSUANT  TO
 ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL  PRACTICE  LAW  AND RULES, IN THE
 SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH THE LOCAL GOVERNMENT
 OR THE GREATER PORTION OF THE TERRITORY IS LOCATED, TO COMPEL COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
   (B) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR  TO  THE
 COURT  THAT  TESTIMONY  IS  NECESSARY  FOR THE PROPER DISPOSITION OF THE
 MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.   ALTERNA-
 TIVELY,  THE  COURT  MAY  APPOINT  A HEARING OFFICER PURSUANT TO ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH  THE  HEARING  OFFI-
 CER'S  FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
 PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT  SHALL
 BE  MADE.    THE  COURT  MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY
 MODIFY ANY DECISION BROUGHT TO THE COURT FOR REVIEW.
   (C) COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL  GOVERNMENT  AND  THE
 OFFICER  WHOSE  FAILURE  OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING,
 UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL  GOVERNMENT  AND  ITS
 OFFICER ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE.
 A. 10668                            4
 
   §  4.  The  village  law is amended by adding a new section 7-700-a to
 read as follows:
   §  7-700-A TRANSIT-ORIENTED  DEVELOPMENT.   1. (A) NOTWITHSTANDING THE
 PROVISIONS OF ANY  GENERAL,  SPECIAL,  CHARTER,  LOCAL,  OR  OTHER  LAW,
 INCLUDING THE COMMON LAW, TO THE CONTRARY, ALL VILLAGES SHALL PERMIT THE
 CONSTRUCTION AND OCCUPATION OF DWELLING UNITS WITH A DENSITY OF AT LEAST
 TWENTY-FIVE  DWELLING  UNITS  PER  ACRE, ON ANY LAND WHEREIN RESIDENTIAL
 CONSTRUCTION AND OCCUPATION IS OTHERWISE PERMITTED IF SUCH LAND IS WITH-
 IN ONE-HALF MILE OF ANY COVERED TRANSPORTATION FACILITY.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION,  A  "COVERED  TRANSPORTATION
 CENTER" SHALL BE DEFINED AS:
   (I)  ANY  RAIL  STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE NEW
 JERSEY TRANSIT CORPORATION, OR THE  METROPOLITAN  TRANSPORTATION AUTHOR-
 ITY AND ITS AFFILIATED OR SUBSIDIARY  AUTHORITIES,  INCLUDING,  BUT  NOT
 LIMITED  TO,  THE METRO-NORTH RAILROAD AND  THE  PORT  AUTHORITY  OF NEW
 YORK  AND NEW JERSEY, BUT NOT INCLUDING THE LONG ISLAND RAIL ROAD, WHERE
 SUCH STATION IS NOT OPERATED ON A SEASONAL BASIS  AND  SUCH  STATION  IS
 LOCATED  BETWEEN  ONE-HALF MILE AND SIXTY MILES FROM THE  NEAREST BORDER
 OF  A  CITY  WITH  A POPULATION OF GREATER THAN ONE MILLION  PEOPLE,  AS
 MEASURED  ON  A STRAIGHT LINE FROM SUCH CITY'S  NEAREST  BORDER TO  SUCH
 RAIL STATION; OR
   (II) ANY BUS STOP  OR  STATION  WITH  DESIGNATED  PARKING  FOR  RIDERS
 LOCATED  BETWEEN  ONE-HALF MILE AND   SIXTY   MILES   FROM  THE  NEAREST
 BORDER OF A CITY WITH A POPULATION GREATER THAN ONE  MILLION  PEOPLE  AS
 MEASURED  ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH BUS
 STOP OR STATION; OR
   (III) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE LONG
 ISLAND RAIL ROAD THAT IS NOT LOCATED WITHIN A  CITY  WITH  A  POPULATION
 GREATER THAN ONE MILLION PEOPLE.
   2.  NO  VILLAGE SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE
 CONSTRUCTION OR OCCUPATION OF SUCH DWELLINGS, INCLUDING, BUT NOT LIMITED
 TO HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING.    NOTHING  IN  THIS
 SECTION  SHALL  BE  INTERPRETED  TO OVERRIDE THE NEW YORK STATE ENVIRON-
 MENTAL QUALITY REVIEW ACT OR THE NEW YORK STATE UNIFORM FIRE  PREVENTION
 AND BUILDING CODE ACT, OR REGULATIONS PROMULGATED IN ACCORDANCE WITH ANY
 SUCH  ACT,  NOR REQUIRE THE ALTERATION OR DEMOLITION OF BUILDINGS DESIG-
 NATED AS HISTORICAL SITES AS OF THE  DATE  THE  ACT  THAT  CREATED  THIS
 SECTION WAS ENACTED PURSUANT TO THE NEW YORK STATE HISTORIC PRESERVATION
 ACT  OF  1980,  AS AMENDED, OR THE NATIONAL HISTORIC PRESERVATION ACT OF
 1966, AS AMENDED.
   3. A VILLAGE'S WRITTEN  OR  OTHER  COMPREHENSIVE  PLAN,  ZONING  REGU-
 LATIONS,  SPECIAL  USE PERMIT REGULATIONS, SUBDIVISION REGULATIONS, SITE
 PLAN REVIEW REGULATIONS, OR ANY OTHER PLANNING, ZONING,  OR  OTHER  LAND
 USE  TOOLS  ENACTED  UNDER THIS ARTICLE, THE MUNICIPAL HOME RULE LAW, OR
 ANY GENERAL, SPECIAL OR OTHER LAW, AS APPLICABLE, SHALL CONFORM  TO  THE
 REQUIREMENTS SET FORTH IN THIS SECTION.
   4. (A) UPON A FAILURE OF A LOCAL GOVERNMENT TO ACT UPON AN APPLICATION
 TO  CONSTRUCT  OR  OCCUPY RESIDENCES IN ACCORDANCE WITH THIS SECTION, OR
 DENIAL OF SUCH APPLICATION IN  VIOLATION  OF  THIS  SECTION,  ANY  PARTY
 AGGRIEVED  BY ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEED-
 ING AGAINST THE SUBJECT LOCAL GOVERNMENT AND  THE  OFFICER  PURSUANT  TO
 ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL  PRACTICE  LAW  AND RULES, IN THE
 SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH THE LOCAL GOVERNMENT
 OR THE GREATER PORTION OF THE TERRITORY IS LOCATED, TO COMPEL COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
 A. 10668                            5
 
   (B) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR  TO  THE
 COURT  THAT  TESTIMONY  IS  NECESSARY  FOR THE PROPER DISPOSITION OF THE
 MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.   ALTERNA-
 TIVELY,  THE  COURT  MAY  APPOINT  A HEARING OFFICER PURSUANT TO ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT  MAY  DIRECT  AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI-
 CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE  A
 PART  OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL
 BE MADE.  THE COURT MAY REVERSE OR AFFIRM,  WHOLLY  OR  PARTLY,  OR  MAY
 MODIFY ANY DECISION BROUGHT TO THE COURT FOR REVIEW.
   (C)  COSTS  SHALL  NOT BE ALLOWED AGAINST THE LOCAL GOVERNMENT AND THE
 OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO  THE  SPECIAL  PROCEEDING,
 UNLESS  IT  SHALL  APPEAR TO THE COURT THAT THE LOCAL GOVERNMENT AND ITS
 OFFICER ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE.
   § 5. This act shall take effect one year after the date upon which  it
 shall have become a law.