Bill Text: NY S01451 | 2011-2012 | General Assembly | Introduced

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Bill Title: Grants towns and villages site plan review over railroad stations and other rail facilities of the metropolitan transportation authority in order that changes and improvements to such stations and facilities may be properly integrated into the landscape of such towns and villages in which they are located; provides that the governmental nature of the metropolitan transportation authority shall not exempt its rail stations and railroad facilities from site plan review by towns and villages.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S01451 Detail]

Download: New_York-2011-S01451-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 1451                                                  A. 1404
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    January 7, 2011
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed,  and  when printed to be committed to the Committee on Transporta-
         tion
       IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
         to the Committee on Corporations, Authorities and Commissions
       AN  ACT to amend the public authorities law, in relation to granting the
         power of site plan review to towns and villages over railroad  facili-
         ties of the metropolitan transportation authority
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings. The  legislature  hereby  finds  that
    2  pursuant  to  title  11  of article 5 of the public authorities law, the
    3  metropolitan transportation authority operates railroad facilities with-
    4  in the state of New York, including stations, terminals,  platforms  and
    5  other  buildings, structures, and improvements. Historically, the legis-
    6  lature has exempted the metropolitan transportation authority  from  the
    7  local  laws, ordinances, resolutions, and rules and regulations of poli-
    8  tical subdivisions, including but not limited to  zoning  and  land  use
    9  regulations.
   10    The legislature hereby finds that it is necessary and desirable to now
   11  subject  the  metropolitan transportation authority to limited municipal
   12  authority with regard  to  site  plan  review  of  railroad  facilities.
   13  Specifically, railroad facilities established by the metropolitan trans-
   14  portation authority, including stations, terminals, platforms, and other
   15  buildings,  structures,  and  improvements  are  located  in communities
   16  throughout the metropolitan transportation authority service area.  Many
   17  of  these railroad facilities are centrally located in these communities
   18  and are an integral part of the character and history of these  communi-
   19  ties.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03790-01-1
       S. 1451                             2                            A. 1404
    1    Any changes to such railroad facilities could have significant adverse
    2  impacts  for the quality of life, aesthetics, environment, and character
    3  of the communities where they are located. The metropolitan  transporta-
    4  tion  authority  does not possess the expertise on local land use issues
    5  to  adequately  protect these important aesthetic and land use concerns.
    6  Local government is best equipped to ensure that railroad facilities are
    7  properly integrated into the community where they are to be located.  It
    8  is  the purpose of this legislation to give towns and villages site plan
    9  review over such facilities.
   10    S 2. Section 1264 of the public authorities law is amended by adding a
   11  new subdivision 3 to read as follows:
   12    3. NOTHING PROVIDED IN THIS SECTION RELATING TO THE  PURPOSES  OF  THE
   13  AUTHORITY  SHALL  BE  DEEMED  AS  LIMITING THE JURISDICTION OF TOWNS AND
   14  VILLAGES TO EXERCISE THE POWER OF SITE PLAN REVIEW OVER RAILROAD FACILI-
   15  TIES.
   16    S 3. Section 1266 of the public authorities law is amended by adding a
   17  new subdivision 19 to read as follows:
   18    19. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS EIGHT AND ELEVEN OF
   19  THIS SECTION, OR ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  TOWNS,
   20  PURSUANT  TO  SECTION  TWO  HUNDRED  SEVENTY-FOUR-A OF THE TOWN LAW, AND
   21  VILLAGES, PURSUANT TO SECTION 7-725-A OF THE VILLAGE LAW, SHALL HAVE THE
   22  POWER TO EXERCISE SITE PLAN REVIEW OVER THE RAILROAD FACILITIES  OF  THE
   23  AUTHORITY.  THE  LOCAL  LAW  OR  ZONING ORDINANCE ESTABLISHING SITE PLAN
   24  REVIEW SHALL SPECIFY THAT RAILROAD FACILITIES,  AS  DEFINED  IN  SECTION
   25  TWELVE HUNDRED SIXTY-ONE OF THIS TITLE, ARE SUBJECT TO SITE PLAN REVIEW.
   26  WHERE  A  TOWN OR VILLAGE HAS ESTABLISHED SUCH JURISDICTION, NO RAILROAD
   27  FACILITY SHALL BE CONSTRUCTED, MODIFIED, ALTERED, ADDED TO, OR OTHERWISE
   28  CHANGED, WITHOUT FIRST RECEIVING SITE PLAN APPROVAL FROM THE APPROPRIATE
   29  TOWN OR VILLAGE.
   30    S 4. Severability. If any clause, sentence, paragraph, section or part
   31  of this act shall be adjudged by any court of competent jurisdiction  to
   32  be  invalid,  the  judgment  shall  not affect, impair or invalidate the
   33  remainder thereof, but shall be confined in its operation to the clause,
   34  sentence, paragraph, section or part of this act  directly  involved  in
   35  the controversy in which the judgment shall have been rendered.
   36    S 5. This act shall take effect immediately.