A 5137: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 5137 2025-2026 Regular Sessions  IN ASSEMBLY February 12, 2025 ___________ 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 2025". 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. LBD09217-01-5 
 A. 5137 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 effective date of this section 15 pursuant to the New York State Historic Preservation Act of 1980, as 16 amended, or the National Historic Preservation Act of 1966, as amended. 17 3. A city's written or other comprehensive plan, zoning regulations, 18 special use permit regulations, subdivision regulations, site plan 19 review regulations, or any planning, zoning, or other land use tools 20 enacted under this title, the municipal home rule law, or any general, 21 special or other law, as applicable, shall conform to the requirements 22 set forth in this section. 23 4. (a) Upon a failure of a local government to act upon an application 24 to construct or occupy residences in accordance with this section, or 25 denial of such application in violation of this section, any party 26 aggrieved by any such failure or denial may commence a special proceed- 27 ing against the subject local government and the officer pursuant to 28 article seventy-eight of the civil practice law and rules, in the 29 supreme court within the judicial district in which the local government 30 or the greater portion of the territory is located, to compel compliance 31 with the provisions of this section. 32 (b) If, upon commencement of such proceeding, it shall appear to the 33 court that testimony is necessary for the proper disposition of the 34 matter, the court may take evidence and determine the matter. Alterna- 35 tively, the court may appoint a hearing officer pursuant to article 36 forty-three of the civil practice law and rules to take such evidence as 37 it may direct and report the same to the court with the hearing offi- 38 cer's findings of fact and conclusions of law, which shall constitute a 39 part of the proceedings upon which the determination of the court shall 40 be made. The court may reverse or affirm, wholly or partly, or may 41 modify any decision brought to the court for review. 42 (c) Costs shall not be allowed against the local government and the 43 officer whose failure or refusal gave rise to the special proceeding, 44 unless it shall appear to the court that the local government and its 45 officer acted with gross negligence or in bad faith or with malice. 46 § 3. The town law is amended by adding a new section 261-d to read as 47 follows: 48 § 261-d. Transit-oriented development. 1. (a) Notwithstanding the 49 provisions of any general, special, charter, local, or other law, 50 including the common law, to the contrary, all towns shall permit the 51 construction and occupation of dwelling units with a density of twenty- 52 five dwelling units per acre or more, on any land wherein residential 53 construction and occupation is otherwise permitted if such land is with- 54 in one-half mile of any covered transportation facility. 55 (b) For the purposes of this subdivision, a "covered transportation 56 center" shall be defined as: 
 A. 5137 3 1 (i) any rail station owned, operated or otherwise served by the New 2 Jersey transit corporation, or the metropolitan transportation author- 3 ity and its affiliated or subsidiary authorities, including, but not 4 limited to, the Metro-North railroad and the port authority of New 5 York and New Jersey, but not including the Long Island Rail Road, where 6 such station is not operated on a seasonal basis and such station is 7 located between one-half mile and sixty miles from the nearest border 8 of a city with a population of greater than one million people, as meas- 9 ured on a straight line from such city's nearest border to such rail 10 station; or 11 (ii) any bus stop or station with designated parking for riders 12 located between one-half mile and sixty miles from the nearest 13 border of a city with a population greater than one million people as 14 measured on a straight line from such city's nearest border to such bus 15 stop or station; or 16 (iii) any rail station owned, operated or otherwise served by the Long 17 Island Rail Road that is not located within a city with a population 18 greater than one million people. 19 2. No town shall impose restrictions that effectively prevent the 20 construction or occupation of such dwellings, including, but not limited 21 to height, setbacks, floor area ratios, or parking. Nothing in this 22 section shall be interpreted to override the New York State Environ- 23 mental Quality Review Act or the New York State Uniform Fire Prevention 24 and Building Code Act, or regulations promulgated in accordance with any 25 such act, nor require the alteration or demolition of buildings desig- 26 nated as historical sites as of the effective date of this section 27 pursuant to the New York State Historic Preservation Act of 1980, as 28 amended, or the National Historic Preservation Act of 1966, as amended. 29 3. A town's written comprehensive plan, zoning regulations, special 30 use permit regulations, subdivision regulations, site plan review regu- 31 lations, or any planning, zoning, or other land use tools enacted under 32 this title, the municipal home rule law, or any general, special or 33 other law, as applicable, shall conform to the requirements set forth in 34 this section. 35 4. (a) Upon a failure of a local government to act upon an application 36 to construct or occupy residences in accordance with this section, or 37 denial of such application in violation of this section, any party 38 aggrieved by any such failure or denial may commence a special proceed- 39 ing against the subject local government and the officer pursuant to 40 article seventy-eight of the civil practice law and rules, in the 41 supreme court within the judicial district in which the local government 42 or the greater portion of the territory is located, to compel compliance 43 with the provisions of this section. 44 (b) If, upon commencement of such proceeding, it shall appear to the 45 court that testimony is necessary for the proper disposition of the 46 matter, the court may take evidence and determine the matter. Alterna- 47 tively, the court may appoint a hearing officer pursuant to article 48 forty-three of the civil practice law and rules to take such evidence as 49 it may direct and report the same to the court with the hearing offi- 50 cer's findings of fact and conclusions of law, which shall constitute a 51 part of the proceedings upon which the determination of the court shall 52 be made. The court may reverse or affirm, wholly or partly, or may 53 modify any decision brought to the court for review. 54 (c) Costs shall not be allowed against the local government and the 55 officer whose failure or refusal gave rise to the special proceeding, 
 A. 5137 4 1 unless it shall appear to the court that the local government and its 2 officer acted with gross negligence or in bad faith or with malice. 3 § 4. The village law is amended by adding a new section 7-700-a to 4 read as follows: 5 § 7-700-a 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 villages 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 22 measured on a straight line from such city's nearest border to such 23 rail 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 26 border of a city with a population greater than one million people as 27 measured on a straight line from such city's nearest border to such bus 28 stop or station; or 29 (iii) any rail station owned, operated or otherwise served by the Long 30 Island Rail Road that is not located within a city with a population 31 greater than one million people. 32 2. No village shall impose restrictions that effectively prevent the 33 construction or occupation of such dwellings, including, but not limited 34 to height, setbacks, floor area ratios, or parking. Nothing in this 35 section shall be interpreted to override the New York State Environ- 36 mental Quality Review Act or the New York State Uniform Fire Prevention 37 and Building Code Act, or regulations promulgated in accordance with any 38 such act, nor require the alteration or demolition of buildings desig- 39 nated as historical sites as of the effective date of this section 40 pursuant to the New York State Historic Preservation Act of 1980, as 41 amended, or the National Historic Preservation Act of 1966, as amended. 42 3. A village's written or other comprehensive plan, zoning regu- 43 lations, special use permit regulations, subdivision regulations, site 44 plan review regulations, or any other planning, zoning, or other land 45 use tools enacted under this article, the municipal home rule law, or 46 any general, special or other law, as applicable, shall conform to the 47 requirements set forth in this section. 48 4. (a) Upon a failure of a local government to act upon an application 49 to construct or occupy residences in accordance with this section, or 50 denial of such application in violation of this section, any party 51 aggrieved by any such failure or denial may commence a special proceed- 52 ing against the subject local government and the officer pursuant to 53 article seventy-eight of the civil practice law and rules, in the 54 supreme court within the judicial district in which the local government 55 or the greater portion of the territory is located, to compel compliance 56 with the provisions of this section. 
 A. 5137 5 1 (b) If, upon commencement of such proceeding, it shall appear to the 2 court that testimony is necessary for the proper disposition of the 3 matter, the court may take evidence and determine the matter. Alterna- 4 tively, the court may appoint a hearing officer pursuant to article 5 forty-three of the civil practice law and rules to take such evidence as 6 it may direct and report the same to the court with the hearing offi- 7 cer's findings of fact and conclusions of law, which shall constitute a 8 part of the proceedings upon which the determination of the court shall 9 be made. The court may reverse or affirm, wholly or partly, or may 10 modify any decision brought to the court for review. 11 (c) Costs shall not be allowed against the local government and the 12 officer whose failure or refusal gave rise to the special proceeding, 13 unless it shall appear to the court that the local government and its 14 officer acted with gross negligence or in bad faith or with malice. 15 § 5. This act shall take effect one year after the date upon which it 16 shall have become a law.