S T A T E   O F   N E W   Y O R K
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                                  8303

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2011
                               ___________

Introduced by M. of A. SWEENEY, SAYWARD -- (at request of the Adirondack
  Park  Agency)  --  read once and referred to the Committee on Environ-
  mental Conservation

AN ACT to amend the executive law, in relation to community  housing  in
  the Adirondack park

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 802 of the executive law is amended by adding a new
subdivision 17-a to read as follows:
  17-A. "COMMUNITY HOUSING" MEANS A DWELLING UNIT (I) NOT EXCEEDING  ONE
THOUSAND  FIVE  HUNDRED  SQUARE  FEET OF FLOOR SPACE EACH (EXCLUDING THE
FIRST FLOOR OF A GARAGE), (II) LOCATED ON ONE CONTIGUOUS  PARCEL,  (III)
LOCATED  WITHIN  A  MODERATE INTENSITY USE OR LOW INTENSITY USE LAND USE
AREA, (IV) LOCATED WITHIN THREE MILES OF A HAMLET LAND USE AREA AND  NOT
CLOSER  THAN  ONE-TENTH MILE OF A SHORELINE OF A LAKE, POND OR NAVIGABLE
RIVER OR STREAM, OR LOCATED WITHIN ONE  MILE  OF  THE  LOCATION  OF  THE
FOLLOWING POST OFFICES ON THE ENACTMENT DATE OF THIS SUBDIVISION AND NOT
CLOSER  THAN  ONE-TENTH MILE OF A SHORELINE OF A LAKE, POND OR NAVIGABLE
RIVER OR STREAM: ATHOL, NY 12810; BRANTINGHAM, NY  13312;  GABRIELS,  NY
12939; HOFFMEISTER, NY 13353; HULETT'S LANDING, NY 12841; KATTSKILL BAY,
NY  12844;  PAUL  SMITHS,  NY 12970; PISECO, NY 12139; SABAEL, NY 12864;
WANAKENA, NY 13695; WHITE LAKE, NY 12786; AND (V) LIMITED IN  PERPETUITY
BY  DEED  OR OTHER LEGAL INSTRUMENT ENFORCEABLE BY A THIRD PARTY AND THE
STATE OF NEW YORK TO PRIMARY SINGLE FAMILY DWELLINGS  FOR  PERSONS  WITH
ONE  HUNDRED  TWENTY  PER  CENTUM  OR  LESS  OF  THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE, AS DEFINED BY THE UNITED STATES DEPARTMENT  OF
HOUSING  AND  URBAN  DEVELOPMENT FOR THE COUNTY IN WHICH SUCH PROJECT IS
LOCATED; PROVIDED HOWEVER, THAT EACH DWELLING UNIT  SHALL  CONSTITUTE  A
SEPARATE  LOT, PARCEL OR SITE FOR PURPOSES OF AGENCY JURISDICTION PURSU-
ANT TO SUBPARAGRAPH ONE OF PARAGRAPH (B) AND SUBPARAGRAPH ONE  OF  PARA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09472-04-1

              

A. 8303                             2

GRAPH  (A) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED TEN OF THIS ARTI-
CLE.
  S 2. Paragraphs h and i of subdivision 50 of section 802 of the execu-
tive  law  are  relettered  paragraphs  i and j and a new paragraph h is
added to read as follows:
  H. UP TO FOUR COMMUNITY HOUSING DWELLING UNITS WHICH QUALIFY  PURSUANT
TO  SUBDIVISION SEVENTEEN-A OF THIS SECTION AND ARE LOCATED ON A CONTIG-
UOUS PARCEL MEETING THE  OVERALL  INTENSITY  GUIDELINES  CONSTITUTE  ONE
PRINCIPAL BUILDING;
  S 3. Subparagraph 17 of paragraph b of subdivision 1 of section 810 of
the  executive  law is renumbered subparagraph 18 and a new subparagraph
17 is added to read as follows:
  (17) COMMUNITY  HOUSING  AS  DEFINED  IN  SUBDIVISION  SEVENTEEN-A  OF
SECTION EIGHT HUNDRED TWO OF THIS ARTICLE.
  S 4. Subparagraph 19 of paragraph c of subdivision 1 of section 810 of
the  executive  law is renumbered subparagraph 20 and a new subparagraph
19 is added to read as follows:
  (19) COMMUNITY  HOUSING  AS  DEFINED  IN  SUBDIVISION  SEVENTEEN-A  OF
SECTION EIGHT HUNDRED TWO OF THIS ARTICLE.
  S  5. This act shall take effect immediately and shall apply to appli-
cations received after such date.