Bill Text: NY S02060 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for vesting of development rights for residential properties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LOCAL GOVERNMENT [S02060 Detail]
Download: New_York-2021-S02060-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2060 2021-2022 Regular Sessions IN SENATE January 19, 2021 ___________ Introduced by Sen. JORDAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law, in relation to providing for vesting of development rights for residential properties 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 RESIDENTIAL PROPERTY DEVELOPMENT 5 Section 150. Legislative findings and intent. 6 151. Definitions. 7 152. Governing regulations. 8 153. Establishment of vested property right. 9 154. Notice of vested property rights. 10 155. Duration and termination of vested property right. 11 156. Subsequent regulation prohibited; exceptions. 12 157. Application. 13 § 150. Legislative findings and intent. 1. There is a continuing need 14 for the development of housing in New York state. Landowners make 15 significant investments to acquire real property and to obtain the 16 required state and municipal permits and approvals to construct residen- 17 tial housing. To obtain financing for residential housing projects, it 18 is necessary to have certainty regarding development rights. Vested 19 property rights ensure reasonable certainty, stability and fairness in 20 the land use planning process. 21 2. It is necessary and desirable, as a matter of public policy, to 22 provide for the establishment of vested property rights in order to 23 ensure reasonable certainty, stability, and fairness in the land use 24 planning process and in order to stimulate economic growth, secure the 25 reasonable investment-backed expectations of landowners, and foster EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00837-01-1S. 2060 2 1 cooperation between the public and private sectors in the area of land 2 use planning. 3 3. The ability of a landowner to obtain a vested property right after 4 municipal government approval of a site specific development plan will 5 preserve the prerogatives and authority of municipal government with 6 respect to land use matters, while promoting those areas of statewide 7 concern described in subdivision two of this section. 8 4. The establishment of vested property rights will promote the goals 9 specified in this section and protect property, and is therefore 10 declared to be a matter of statewide concern. 11 § 151. Definitions. As used in this article, unless context requires 12 otherwise: 13 1. "Landowner" means the owner of a legal or equitable interest in 14 real property, including a developer, and the heirs, successors, and 15 assigns of such ownership interests. 16 2. "Municipality" or "municipal government" means any county, city and 17 county, city, town or village, acting through its governing body, or any 18 board, commission or agency thereof having final approval authority over 19 a site specific development plan, including without limitation any 20 legally empowered urban renewal authority. 21 3. "Notice of vested property right" means a written document filed by 22 the landowner in the office of the clerk of the municipality in accord- 23 ance with the provisions of section one hundred fifty-four of this arti- 24 cle. 25 4. "Overlay zoning" means a set of land use and development require- 26 ments designed to be applied over, or in addition to, the requirements 27 of the underlying zone for a specific purpose without removing or modi- 28 fying the underlying zone. 29 5. "Property" means all real property subject to land use regulation 30 by a municipality and zoned and used for residential development or 31 mixed use development that includes residential use. 32 6. "Residential development" means construction or redevelopment of 33 one-, two- or three-family housing, including single family homes and 34 duplexes, and townhomes, condominiums, multiple dwelling units, assisted 35 living facilities, manufactured or modular homes and mixed use residen- 36 tial units. 37 7. (a) "Site specific development plan" means a plan that has been 38 submitted to a municipality by a landowner or such landowner's represen- 39 tative describing with reasonable certainty the type and intensity of 40 use for a specific parcel or parcels of property. Such plan may be in 41 the form of, but need not be limited to, any of the following plans or 42 approvals: a planned unit development plan, a subdivision plat, a 43 specially planned area, a planned building group, a general submission 44 plan, a general development plan, a conditional or special use plan, a 45 development agreement, or any other land use approval designation as may 46 be utilized by a municipality. What constitutes a site specific develop- 47 ment plan under this article that would trigger a vested property right 48 shall be finally determined by the municipality either pursuant to ordi- 49 nance or regulation or upon an agreement entered into by the munici- 50 pality and the landowner, and the document that triggers such vesting 51 shall be so identified at the time of its approval. 52 (b) "Site specific development plan" shall not include a variance, a 53 preliminary plan, a sketch plan, a final architectural plan, public 54 utility filings or final construction drawings and/or related documents 55 specifying materials and methods for construction of improvements.S. 2060 3 1 8. "Vested property right" means the right to undertake and complete 2 the development and use of property under the terms and conditions of a 3 site specific development plan. 4 § 152. Governing regulations. 1. Except as otherwise provided in 5 subdivision two of this section, development of a property in accordance 6 with a site specific development plan shall be governed only by the duly 7 adopted laws and regulations in effect at the time the landowner's prop- 8 erty right vests as provided in section one hundred fifty-three of this 9 article. For purposes of this section, "laws and regulations" includes 10 any zoning law of general applicability adopted by a municipality as 11 well as any zoning or development regulations that have previously been 12 adopted for the particular parcel described in the plan and that remain 13 in effect at the time of vesting of the landowner's property right. 14 2. Notwithstanding the limitations contained in subdivision one of 15 this section, a municipality may adopt a new or amended law or regu- 16 lation when necessary for the immediate preservation of public health 17 and safety and may enforce such law or regulation in relation to proper- 18 ties for which a building permit has not been issued at the time such 19 law or regulation is adopted. 20 § 153. Establishment of vested property right. 1. A vested property 21 right shall be deemed established with respect to a property upon: 22 (a) the issuance of all required state and municipal permits and 23 approvals for residential development of the property, with the excep- 24 tion of a building permit, following or contemporaneously with the 25 approval, or conditional approval, of a site specific development plan 26 relating to the property; and 27 (b) the filing by the landowner with the clerk of the municipality of 28 a notice of vested property rights in a form as prescribed in section 29 one hundred fifty-four of this article. 30 2. A vested property right shall attach to and run with the applicable 31 property and shall confer upon the landowner the right to undertake and 32 complete the development and use of said property under the terms and 33 conditions of the site specific development plan including any amend- 34 ments thereto. A municipality may approve a site specific development 35 plan upon such terms and conditions as may reasonably be necessary to 36 protect the public health, safety, and welfare. Such conditional 37 approval shall result in a vested property right, although failure to 38 abide by such terms and conditions will result in a forfeiture of vested 39 property rights. A site specific development plan shall be deemed 40 approved upon the effective date of the municipality's legal action, 41 resolution, or ordinance relating thereto and issuance of all permits 42 and approvals relating thereto, with the exception of a building permit. 43 Such approval shall be subject to all rights of referendum and judicial 44 review; except that the period of time permitted by law for the exercise 45 of such rights shall not begin to run until the date of publication, in 46 a newspaper of general circulation within the jurisdiction of the muni- 47 cipality granting the approval, of a notice advising the general public 48 of the site specific development plan approval and creation of a vested 49 property right pursuant to this article. Such publication shall occur no 50 later than fourteen days following approval. 51 3. Zoning that is not part of a site specific development plan shall 52 not result in the creation of vested property rights. 53 § 154. Notice of vested property rights. 1. Upon issuance of all 54 required permits and approvals as specified in paragraph (a) of subdivi- 55 sion one of section one hundred fifty-three of this article, a landownerS. 2060 4 1 shall file a written notice of vested property rights in the office of 2 the clerk of the municipality stating: 3 (a) the identity and address of the landowner claiming the vested 4 right or rights; 5 (b) the full address of the property as to which the vested right is 6 claimed or sufficient information to reasonably identify the parcel of 7 land as to which the vested right is claimed; 8 (c) a listing of and the identifying numbers of all permits and 9 approvals issued relating to the property; 10 (d) information sufficient to identify the site specific development 11 plan; 12 (e) a statement of the landowner's declaration of vested rights in the 13 property; and 14 (f) the date upon which the landowner's rights in the property vested 15 as provided in this article. 16 2. A municipality, through a law or resolution passed by its governing 17 body, may adopt a standard form for a notice of vested property rights, 18 provided that such standard form shall include all of the information 19 set forth in subdivision one of this section; provided, however, that a 20 landowner's failure to utilize such standard form shall not be deemed 21 fatal to the vesting of the landowner's property right if the landowner 22 has filed a notice in accordance with subdivision one of this section. 23 § 155. Duration and termination of vested property right. 1. A proper- 24 ty right which has been vested as provided for in this article shall 25 remain vested for a period of five years. If substantial construction is 26 not commenced on the property or, in the case of a multi-unit parcel, on 27 each parcel, within such five year period, the vested property right 28 shall expire. This vesting period shall not be extended by any amend- 29 ments to a site specific development plan unless expressly authorized by 30 the municipality. 31 2. Notwithstanding the provisions of subdivision one of this section, 32 municipalities are hereby authorized to enter into development agree- 33 ments with landowners providing that property rights shall be vested for 34 a period exceeding five years where warranted in light of all relevant 35 circumstances, including, but not limited to, the size and phasing of a 36 development, economic cycles, and market conditions. Such development 37 agreements shall be adopted as legislative acts of the governing body of 38 the municipality subject to referendum. 39 3. Nothing in this article shall exempt a site specific development 40 plan from subsequent reviews and approvals by the municipality to ensure 41 compliance with the terms and conditions of the original approval, 42 provided such reviews and approvals are not inconsistent with said 43 original approval. 44 § 156. Subsequent regulation prohibited; exceptions. 1. A vested prop- 45 erty right, once established as provided in this article, precludes any 46 zoning or land use action by a municipality or pursuant to an initiated 47 measure which would alter, impair, prevent, diminish, impose a moratori- 48 um on development, or otherwise delay the development or use of the 49 property as set forth in a site specific development plan, except: 50 (a) with the consent of the affected landowner; 51 (b) upon the discovery of natural or man-made hazards on or in the 52 immediate vicinity of the subject property, which hazards could not 53 reasonably have been discovered at the time of or before the vesting of 54 the property right as provided in subdivision one of section one hundred 55 fifty-three of this article, and which hazards, if uncorrected, would 56 pose a serious threat to the public health, safety, and welfare; orS. 2060 5 1 (c) to the extent that the affected landowner receives just compen- 2 sation for all costs, expenses, and liabilities incurred by the landown- 3 er after approval by the municipality, including, but not limited to, 4 costs incurred in preparing the site for development consistent with the 5 site specific development plan, all fees paid in consideration of 6 financing, and all architectural, planning, marketing, legal, and other 7 consultants' fees, together with interest thereon at the legal rate 8 until paid. Just compensation shall not include any diminution in the 9 value of the property which is caused by such action. 10 2. The establishment of a vested property right shall not preclude: 11 (a) the application of ordinances or regulations which are general in 12 nature and are applicable to all property subject to land use regulation 13 by a municipality, including, but not limited to, building, fire, plumb- 14 ing, electrical and mechanical codes; or 15 (b) the application to the property of overlay zoning which does not 16 impact the allowable type or integrity of the use. 17 § 157. Application. 1. The provisions of this article shall apply to 18 development rights for residential developments only. 19 2. A vested property right arising while one local government has 20 jurisdiction over all or part of the property included within a site 21 specific development plan shall be effective against any other local 22 government which may subsequently obtain or assert jurisdiction over 23 such property. 24 3. Nothing in this article shall preclude judicial determination, 25 based on common law principles, that a vested property right exists in a 26 particular case or that a compensable taking has occurred. 27 4. The provisions of this article shall apply only to site specific 28 development plans approved on or after the effective date of this arti- 29 cle. 30 § 2. This act shall take effect on the first of January next succeed- 31 ing the date upon which it shall have become a law and shall apply to 32 applications for residential development filed with municipalities after 33 such date. Effective immediately the addition, amendment and/or repeal 34 of any rule or regulation necessary for the implementation of this act 35 on its effective date are authorized to be made and completed on or 36 before such date.