Bill Text: NY A06670 | 2023-2024 | General Assembly | Introduced


Bill Title: Directs municipalities to 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 within one-half mile of any covered transportation facility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to local governments [A06670 Detail]

Download: New_York-2023-A06670-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6670

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Transit-Oriented Development act of 2023".
     3    §  2.  The general city law is amended by adding a new section 20-h to
     4  read as follows:
     5    § 20-h.  Transit-oriented  development.  1.  (a)  Notwithstanding  the
     6  provisions  of  any  general,  special,  charter,  local,  or other law,
     7  including the common law, to the contrary, all cities shall  permit  the
     8  construction and occupation of dwelling units with a density of at least
     9  twenty-five  dwelling  units  per  acre, on any land wherein residential
    10  construction and occupation is otherwise permitted if such land is with-
    11  in one-half mile of any covered transportation facility.
    12    (b) For the purposes of this subdivision,  a  "covered  transportation
    13  center" shall be defined as:
    14    (i)  any  rail  station owned, operated or otherwise served by the New
    15  Jersey transit corporation, or the  metropolitan  transportation author-
    16  ity and its affiliated or subsidiary  authorities,  including,  but  not
    17  limited  to,  the Metro-North railroad and  the  port  authority  of New
    18  York and New Jersey, but not including the Long Island Rail Road,  where
    19  such  station  is  not  operated on a seasonal basis and such station is
    20  located between one-half mile and sixty miles from the   nearest  border
    21  of a city with a population of greater than one million people, as meas-
    22  ured  on  a straight line from such city's nearest border to  such  rail
    23  station; or
    24    (ii) any bus stop  or  station  with  designated  parking  for  riders
    25  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

     1  border of a city with a population greater than one  million  people  as
     2  measured  on a straight line from such city's nearest border to such bus
     3  stop or station; or
     4    (iii) any rail station owned, operated or otherwise served by the Long
     5  Island  Rail  Road  that  is not located within a city with a population
     6  greater than one million people.
     7    2. No city shall impose  restrictions  that  effectively  prevent  the
     8  construction or occupation of such dwellings, including, but not limited
     9  to  height,  setbacks,  floor  area  ratios, or parking. Nothing in this
    10  section shall be interpreted to override the  New  York  State  Environ-
    11  mental  Quality Review Act or the New York State Uniform Fire Prevention
    12  and Building Code Act, or regulations promulgated in accordance with any
    13  such act, nor require the alteration or demolition of  buildings  desig-
    14  nated  as  historical  sites  as  of  the date the act that created this
    15  section was enacted pursuant to the New York State Historic Preservation
    16  Act of 1980, as amended, or the National Historic  Preservation  Act  of
    17  1966, as amended.
    18    3.  A  city's written or other comprehensive plan, zoning regulations,
    19  special use  permit  regulations,  subdivision  regulations,  site  plan
    20  review  regulations,  or  any  planning, zoning, or other land use tools
    21  enacted under this title, the municipal home rule law, or  any  general,
    22  special  or  other law, as applicable, shall conform to the requirements
    23  set forth in this section.
    24    4. (a) Upon a failure of a local government to act upon an application
    25  to construct or occupy residences in accordance with  this  section,  or
    26  denial  of  such  application  in  violation  of this section, any party
    27  aggrieved by any such failure or denial may commence a special  proceed-
    28  ing  against  the  subject  local government and the officer pursuant to
    29  article seventy-eight of the  civil  practice  law  and  rules,  in  the
    30  supreme court within the judicial district in which the local government
    31  or the greater portion of the territory is located, to compel compliance
    32  with the provisions of this section.
    33    (b)  If,  upon commencement of such proceeding, it shall appear to the
    34  court that testimony is necessary for  the  proper  disposition  of  the
    35  matter,  the court may take evidence and determine the matter.  Alterna-
    36  tively, the court may appoint a  hearing  officer  pursuant  to  article
    37  forty-three of the civil practice law and rules to take such evidence as
    38  it  may  direct  and report the same to the court with the hearing offi-
    39  cer's findings of fact and conclusions of law, which shall constitute  a
    40  part  of the proceedings upon which the determination of the court shall
    41  be made.  The court may reverse or affirm,  wholly  or  partly,  or  may
    42  modify any decision brought to the court for review.
    43    (c)  Costs  shall  not be allowed against the local government and the
    44  officer whose failure or refusal gave rise to  the  special  proceeding,
    45  unless  it  shall  appear to the court that the local government and its
    46  officer acted with gross negligence or in bad faith or with malice.
    47    § 3. The town law is amended by adding a new section 261-d to read  as
    48  follows:
    49    §  261-d.  Transit-oriented  development.   1. (a) Notwithstanding the
    50  provisions of any  general,  special,  charter,  local,  or  other  law,
    51  including  the  common  law, to the contrary, all towns shall permit the
    52  construction and occupation of dwelling units with a density of  twenty-
    53  five  dwelling  units  per acre or more, on any land wherein residential
    54  construction and occupation is otherwise permitted if such land is with-
    55  in one-half mile of any covered transportation facility.

        A. 6670                             3

     1    (b) For the purposes of this subdivision,  a  "covered  transportation
     2  center" shall be defined as:
     3    (i)  any  rail  station owned, operated or otherwise served by the New
     4  Jersey transit corporation, or the  metropolitan  transportation author-
     5  ity and its affiliated or subsidiary  authorities,  including,  but  not
     6  limited  to,  the Metro-North railroad and  the  port  authority  of New
     7  York and New Jersey, but not including the Long Island Rail Road,  where
     8  such  station  is  not  operated on a seasonal basis and such station is
     9  located between one-half mile and sixty miles from the   nearest  border
    10  of a city with a population of greater than one million people, as meas-
    11  ured on a straight line from such city's  nearest  border to  such  rail
    12  station; or
    13    (ii)  any  bus  stop  or  station  with  designated parking for riders
    14  located between one-half mile and   sixty   miles   from   the   nearest
    15  border  of  a  city with a population greater than one million people as
    16  measured on a straight line from such city's nearest border to such  bus
    17  stop or station; or
    18    (iii) any rail station owned, operated or otherwise served by the Long
    19  Island  Rail  Road  that  is not located within a city with a population
    20  greater than one million people.
    21    2. No town shall impose  restrictions  that  effectively  prevent  the
    22  construction or occupation of such dwellings, including, but not limited
    23  to  height,  setbacks,  floor  area ratios, or parking.  Nothing in this
    24  section shall be interpreted to override the  New  York  State  Environ-
    25  mental  Quality Review Act or the New York State Uniform Fire Prevention
    26  and Building Code Act, or regulations promulgated in accordance with any
    27  such act, nor require the alteration or demolition of  buildings  desig-
    28  nated  as  historical  sites  as  of  the date the act that created this
    29  section was enacted pursuant to the New York State Historic Preservation
    30  Act of 1980, as amended, or the National Historic  Preservation  Act  of
    31  1966, as amended.
    32    3.  A  town's  written comprehensive plan, zoning regulations, special
    33  use permit regulations, subdivision regulations, site plan review  regu-
    34  lations,  or any planning, zoning, or other land use tools enacted under
    35  this title, the municipal home rule law,  or  any  general,  special  or
    36  other law, as applicable, shall conform to the requirements set forth in
    37  this section.
    38    4. (a) Upon a failure of a local government to act upon an application
    39  to  construct  or  occupy residences in accordance with this section, or
    40  denial of such application in  violation  of  this  section,  any  party
    41  aggrieved  by any such failure or denial may commence a special proceed-
    42  ing against the subject local government and  the  officer  pursuant  to
    43  article  seventy-eight  of  the  civil  practice  law  and rules, in the
    44  supreme court within the judicial district in which the local government
    45  or the greater portion of the territory is located, to compel compliance
    46  with the provisions of this section.
    47    (b) If, upon commencement of such proceeding, it shall appear  to  the
    48  court  that  testimony  is  necessary  for the proper disposition of the
    49  matter, the court may take evidence and determine the matter.   Alterna-
    50  tively,  the  court  may  appoint  a hearing officer pursuant to article
    51  forty-three of the civil practice law and rules to take such evidence as
    52  it may direct and report the same to the court with  the  hearing  offi-
    53  cer's  findings of fact and conclusions of law, which shall constitute a
    54  part of the proceedings upon which the determination of the court  shall
    55  be  made.    The  court  may reverse or affirm, wholly or partly, or may
    56  modify any decision brought to the court for review.

        A. 6670                             4

     1    (c) Costs shall not be allowed against the local  government  and  the
     2  officer  whose  failure  or refusal gave rise to the special proceeding,
     3  unless it shall appear to the court that the local  government  and  its
     4  officer acted with gross negligence or in bad faith or with malice.
     5    §  4.  The  village  law is amended by adding a new section 7-700-a to
     6  read as follows:
     7    § 7-700-a Transit-oriented development.   1. (a)  Notwithstanding  the
     8  provisions  of  any  general,  special,  charter,  local,  or other law,
     9  including the common law, to the contrary, all villages shall permit the
    10  construction and occupation of dwelling units with a density of at least
    11  twenty-five dwelling units per acre, on  any  land  wherein  residential
    12  construction and occupation is otherwise permitted if such land is with-
    13  in one-half mile of any covered transportation facility.
    14    (b)  For  the  purposes of this subdivision, a "covered transportation
    15  center" shall be defined as:
    16    (i) any rail station owned, operated or otherwise served  by  the  New
    17  Jersey transit corporation, or the  metropolitan  transportation author-
    18  ity  and  its  affiliated  or subsidiary authorities, including, but not
    19  limited to, the Metro-North railroad and  the  port  authority   of  New
    20  York  and New Jersey, but not including the Long Island Rail Road, where
    21  such  station  is  not  operated on a seasonal basis and such station is
    22  located between one-half mile and sixty miles from the   nearest  border
    23  of   a   city  with  a population of greater than one million people, as
    24  measured on a straight line from such city's  nearest  border to    such
    25  rail station; or
    26    (ii)  any  bus  stop  or  station  with  designated parking for riders
    27  located between one-half mile and   sixty   miles   from   the   nearest
    28  border  of  a  city with a population greater than one million people as
    29  measured on a straight line from such city's nearest border to such  bus
    30  stop or station; or
    31    (iii) any rail station owned, operated or otherwise served by the Long
    32  Island  Rail  Road  that  is not located within a city with a population
    33  greater than one million people.
    34    2. No village shall impose restrictions that effectively  prevent  the
    35  construction or occupation of such dwellings, including, but not limited
    36  to  height,  setbacks,  floor  area ratios, or parking.  Nothing in this
    37  section shall be interpreted to override the  New  York  State  Environ-
    38  mental  Quality Review Act or the New York State Uniform Fire Prevention
    39  and Building Code Act, or regulations promulgated in accordance with any
    40  such act, nor require the alteration or demolition of  buildings  desig-
    41  nated  as  historical  sites  as  of  the date the act that created this
    42  section was enacted pursuant to the New York State Historic Preservation
    43  Act of 1980, as amended, or the National Historic  Preservation  Act  of
    44  1966, as amended.
    45    3.  A  village's  written  or  other  comprehensive plan, zoning regu-
    46  lations, special use permit regulations, subdivision  regulations,  site
    47  plan  review  regulations,  or any other planning, zoning, or other land
    48  use tools enacted under this article, the municipal home  rule  law,  or
    49  any  general,  special or other law, as applicable, shall conform to the
    50  requirements set forth in this section.
    51    4. (a) Upon a failure of a local government to act upon an application
    52  to construct or occupy residences in accordance with  this  section,  or
    53  denial  of  such  application  in  violation  of this section, any party
    54  aggrieved by any such failure or denial may commence a special  proceed-
    55  ing  against  the  subject  local government and the officer pursuant to
    56  article seventy-eight of the  civil  practice  law  and  rules,  in  the

        A. 6670                             5

     1  supreme court within the judicial district in which the local government
     2  or the greater portion of the territory is located, to compel compliance
     3  with the provisions of this section.
     4    (b)  If,  upon commencement of such proceeding, it shall appear to the
     5  court that testimony is necessary for  the  proper  disposition  of  the
     6  matter,  the court may take evidence and determine the matter.  Alterna-
     7  tively, the court may appoint a  hearing  officer  pursuant  to  article
     8  forty-three of the civil practice law and rules to take such evidence as
     9  it  may  direct  and report the same to the court with the hearing offi-
    10  cer's findings of fact and conclusions of law, which shall constitute  a
    11  part  of the proceedings upon which the determination of the court shall
    12  be made.  The court may reverse or affirm,  wholly  or  partly,  or  may
    13  modify any decision brought to the court for review.
    14    (c)  Costs  shall  not be allowed against the local government and the
    15  officer whose failure or refusal gave rise to  the  special  proceeding,
    16  unless  it  shall  appear to the court that the local government and its
    17  officer acted with gross negligence or in bad faith or with malice.
    18    § 5. This act shall take effect one year after the date upon which  it
    19  shall have become a law.
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