S T A T E O F N E W Y O R K
________________________________________________________________________
6670
2023-2024 Regular Sessions
I N A S S E M B L Y
April 28, 2023
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee 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 2023".
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03877-01-3
A. 6670 2
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 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.
A. 6670 3
(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
(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.
A. 6670 4
(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.
§ 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
A. 6670 5
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.
§ 5. This act shall take effect one year after the date upon which it
shall have become a law.