New York A 831: Relates to vested rights of property owners relating to the development of their land in the counties of Dutchess, Orange, Putnam, Rockland and Westchester

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A00831 Summary:

BILL NOA00831 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORPaulin

&nbsp

COSPNSRBrabenec, Cook

&nbsp

MLTSPNSR

&nbsp

Add Art 7-B §§150 & 151, Gen Muni L

&nbsp

Relates to vested rights of property owners relating to the development of their land in the counties of Dutchess, Orange, Putnam, Rockland and Westchester; requires notice by applicant to property owners within 250 feet of land development application; provides for the repeal of such provisions six years after they take effect.

Go to top A00831 Actions:

BILL NOA00831 

&nbsp

01/08/2025referred to local governments

01/07/2026referred to local governments

Go to topA00831 Committee&nbspVotes:

Go to topA00831 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00831 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 831

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. PAULIN, BRABENEC, COOK -- 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:

 1 Section 1. The general municipal law is amended by adding a new arti-
 2 cle 7-B to read as follows:

 3 ARTICLE 7-B
 4 VESTED RIGHTS RELATING TO LAND DEVELOPMENT

 5 Section 150. Vested rights relating to land development; pilot program.
 6 151. Application of article.
 7 § 150. Vested rights relating to land development; pilot program. 1.
 8 In the counties of Dutchess, Orange, Putnam, Rockland and Westchester,
 9 there shall be a presumption, rebuttable by a municipality in any such
 10 county only pursuant to subdivision two of this section by clear and
 11 convincing evidence, that municipal zoning, planning, environmental, and
 12 all other applicable village, town, or city ordinances, regulations and
 13 other enactments regulating the development of land which are applicable
 14 to a particular parcel of land as of the ninth month after the filing
 15 date of an application deemed completed by the municipality for site
 16 plan, subdivision or other development plan approval of such parcel,
 17 which application meets all non-discretionary requirements specified
 18 therefor, including, but not limited to a survey prepared by a licensed
 19 surveyor and plans prepared by a licensed engineer or architect and is
 20 accompanied by an environmental assessment form, if required, or at the
 21 discretion of the applicant a draft environmental impact statement,
 22 shall remain applicable to the proposed project that is the subject of
 23 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.
 LBD03385-01-5

 A. 831 2

 1 of six years after the filing date, as long as it is being pursued with
 2 reasonable efforts by the applicant. If no state or local agency has
 3 discretionary authority over the project, the filing date shall be that
 4 of the filing of an application for a building permit, together with a
 5 survey prepared by a licensed surveyor and plans prepared by a licensed
 6 engineer or architect in which case no environmental documentation need
 7 be filed in order for this section to apply. Written notice of such
 8 application, except in the case of a one-family dwelling, shall be given
 9 by the applicant to all property owners within a distance of two hundred
 10 fifty feet of the applicant's property lines by first class mail to the
 11 last known address on the tax records. The applicant shall file an affi-
 12 davit with the municipality of the mailing of such notice.
 13 2. In order to rebut the presumption established pursuant to subdivi-
 14 sion one of this section, a municipal board must adopt a detailed writ-
 15 ten finding and has the burden of proof to show by clear and convincing
 16 evidence that:
 17 a. a change in applicable federal or state laws, rules or regulations
 18 a