senate Bill S4282

Relates to applications for minor and major projects before the Adirondack park agency

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 19 / Mar / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 24 / Apr / 2013
    • 1ST REPORT CAL.433
  • 29 / Apr / 2013
    • 2ND REPORT CAL.
  • 30 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 06 / May / 2013
    • PASSED SENATE
  • 06 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 06 / May / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 29 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Relates to applications for minor and major projects before the Adirondack park agency.

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Bill Details

Versions:
S4282
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §809, Exec L

Sponsor Memo

BILL NUMBER:S4282

TITLE OF BILL: An act to amend the executive law, in relation to
applications for minor and major projects before the Adirondack park
agency

Summary of Provisions:

Section 1 of the bill would amend EL § 809(2) to clarify language with
respect to (i) the APA's determination that an application is deemed
complete, (ii) the agency's authority to request additional
information associated with applications for permits, and (iii) the
means by which notification must be provided.

Section 2 of the bill would amend EL § 809(3) to clarify language with
respect to public hearings and notification of decisions on
applications.

Section 3 of the bill would amend EL § 809(6) to clarify that the
APA's request for additional information will extend the time period
by which the agency must make a determination on an application where
such request is related to a material change to the application.

Section 4 of the bill would amend EL § 809(7) to (i) eliminate the
requirement that a permit or certificate issued by the APA be recorded
with the county clerk within 60 days of issuance or be deemed expired.
(ii) clarify that the permit or certificate must simply be filed with
the county clerk prior to commencing the permitted project, and (iii)
clarify that such permit or certificate is enforceable against any
person undertaking the permitted project or subsequent landowners.

Section 5 of the bill would amend EL § 809(8) to clarify the procedure
by which the APA renews, reissues, or modifies existing permits.

Section 6 of the bill would amend EL § 809(10)(c) to modify the APA
Act's overall intensity guidelines in a manner that allows a landowner
to transfer development rights from one lot to another lot, whether or
not the lots are adjacent to each other or owned by the same person.

Section 7 of the bill would make the bill effective immediately and
applicable to all permits received after the effective date.

Existing Law:

EL § 809(2),(3),(6) and (8) impose statutory timeframes and procedures
associated with, among other things, service of notice, the APA's
determinations that an application is complete and/or subject to
public hearings before the APA Board, and the renewal, re-issuance or
modification of an APA permit. Pursuant to EL § 809(7), a permit or
certificate issued by the APA is deemed void unless recorded in the
local county clerk's office within 60 days of issuance. Finally, EL
809(10)(c) allows for the allocation of development rights among
adjacent lots under limited circumstances.

Prior Legislative History:


The bill was introduced as an APA Departmental Bill in 2012 (S. 6718)
and was passed by the Senate.

Statement in Support:

The bill would provide greater flexibility to transfer development
rights in a manner that will encourage "smart growth" within the
Adirondack Park. For example, under EL § 805(3)(e)(3), an owner of
land within a "low-intensity use" area that intends to subdivide
his/her property is generally limited to constructing one "principal
building" per minimum of 3.2 acres of land. The owner of 6.4 acres
would thus be limited to two principal buildings on separate 3.2 acre
lots. Under the bill, the owner of the 6.4 acres would be allowed to
double the amount of principal buildings on each 3.2 acre lot so long
as another 6.4 acres of land having the same intensity-use
classification is set aside as undevelopable pursuant to APA permit.
The bill would require both the lots to be developed and those set
aside as undevelopable to be located within the same municipality but
would not require common ownership between the lots. In other words,
separate owners of land could transfer development rights between
parcels. The bill would thus promote the development of
clustered-housing in certain areas, while conserving others.

The bill would also modify several procedural requirements associated
with permit applications and their review by APA staff, and otherwise
clarify related provisions that are vague or confusing. For example,
under existing law, several of the timing elements of the pemlit
application process are based on notification, without explanation of
how such notification is provided. See. e.g., EL § 809(2)(b). The bill
would clarify that "written notice" is required. The bill would also
eliminate the requirement under EL § 809(7) that a permit or
certificate issued by the APA be recorded with the county clerk within
60 days of issuance or be deemed expired, and clarify that such
document simply be recorded before commencing the permitted project.

Local Impact:

None.

Effective Date:

The bill would take effect immediately upon enactment into law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4282

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 19, 2013
                               ___________

Introduced  by Sen. LITTLE -- (at request of the Adirondack Park Agency)
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Cultural Affairs, Tourism, Parks and Recreation

AN ACT to amend the executive law, in relation to applications for minor
  and major projects before the Adirondack park agency

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

  Section  1.  Paragraphs b and d of subdivision 2 of section 809 of the
executive law, as amended by chapter  428  of  the  laws  of  1979,  are
amended to read as follows:
  b.  [On  or  before  fifteen  calendar  days after the receipt of such
application] WITHIN FIFTEEN DAYS OF THE RECEIPT OF AN  APPLICATION,  the
agency  shall  [notify]  MAIL  WRITTEN  NOTICE TO the project sponsor by
certified mail DETERMINING whether or not the application  is  complete.
For the purposes of this section, a "complete application" shall mean an
application  for a permit which is in an approved form and is determined
by the agency to be complete for the purpose of commencing review of the
application but which may need to be supplemented during the  course  of
review as to matters contained in the application in order to enable the
agency to make the findings and determinations required by this section.
If  the agency fails to mail such notice within such fifteen-day period,
the application shall be deemed complete. If the agency  determines  the
application  is  not complete, the notice shall include a concise state-
ment of the respects in which  the  application  is  incomplete,  AND  A
REQUEST FOR ADDITIONAL INFORMATION. [The submission by the project spon-
sor of the requested additional information shall commence a new fifteen
calendar  day period for agency review of the additional information for
the purposes of determining completeness. If the agency  determines  the
application is complete, the notice shall so state.] WITHIN FIFTEEN DAYS
OF THE RECEIPT OF THE REQUESTED ADDITIONAL INFORMATION, THE AGENCY SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08961-01-3

S. 4282                             2

MAIL WRITTEN NOTICE TO THE PROJECT SPONSOR BY CERTIFIED MAIL DETERMINING
WHETHER OR NOT THE APPLICATION IS COMPLETE.
  A  notice  of application completion shall not be required in the case
of applications for minor projects which the  agency  determines  to  be
complete  when filed. Such applications shall be deemed complete for the
purposes of this section upon the date of receipt.
  d.  [Immediately  upon]  UPON  determining  that  an  application   is
complete,  the agency shall, except in relation to minor projects, cause
a notice of application COMPLETION to be published in the next available
environmental notice bulletin published by the  department  of  environ-
mental  conservation  pursuant  to  section  3-0306 of the environmental
conservation law[, which publication shall be not later than ten  calen-
dar  days  after  the  date  of such notice]. The time period for public
comment on a permit application shall be stated in the notice of  appli-
cation COMPLETION.  The agency shall at the same time mail a copy of the
notice of application completion to the Adirondack park local government
review board and to the persons named in paragraph a of THIS subdivision
[two of this section], and invite their comments.
  S  2.  Paragraphs b, c, d and e of subdivision 3 of section 809 of the
executive law, as amended by chapter  428  of  the  laws  of  1979,  are
amended to read as follows:
  b.  In  the  case  of  an application for a permit for which no public
hearing has been held, the agency SHALL  MAIL  ITS  decision  [shall  be
mailed  on or before] WITHIN ninety [calendar] days or, in the case of a
minor project, WITHIN forty-five [calendar] days[,  after]  OF  (I)  THE
DATE  the agency [notifies] MAILS the project sponsor [that the applica-
tion is complete] THE NOTICE OF APPLICATION COMPLETION or  [after]  (II)
THE  DATE  the application is deemed complete pursuant to the provisions
of this [section] SUBDIVISION.
  c. In the case of an application for a permit for which a public hear-
ing has been held, the agency SHALL MAIL ITS decision [shall  be  mailed
on  or  before]  WITHIN  sixty [calendar] days [after] OF receipt by the
agency of a complete record, as that term is defined in  paragraphs  (a)
through (e) of subdivision one of section three hundred two of the state
administrative procedure act.
  d. If the agency determines to hold a public hearing on an application
for  a  permit,  the  agency  shall  [notify] MAIL WRITTEN NOTICE TO the
project sponsor of its determination by certified  mail  [on  or  before
sixty  calendar]  WITHIN  SIXTY days or, in the case of a minor project,
WITHIN forty-five [calendar] days [after] OF (I)  THE  DATE  the  agency
[notifies]  MAILS  the  project sponsor [that] the NOTICE OF application
[is complete] COMPLETION or [after] (II) THE  DATE  the  application  is
deemed   complete   pursuant   to   the  provisions  of  this  [section]
SUBDIVISION.  The determination of whether or not to hold a public hear-
ing on an application shall be based on whether the agency's  evaluation
or  comments  of  the  review  board, local officials or the public on a
project raise substantive and significant issues relating to  any  find-
ings  or  determinations the agency is required to make pursuant to this
section, including the reasonable likelihood that the  project  will  be
disapproved or can be approved only with major modifications because the
project  as  proposed  may  not meet statutory or regulatory criteria or
standards. The agency shall also consider the general  level  of  public
interest  in  a  project. No project may be disapproved without a public
hearing first being held thereon.
  e. If the agency has notified the project sponsor of its determination
to hold a public hearing, the sponsor shall not  undertake  the  project

S. 4282                             3

during the time period specified in paragraph c of this subdivision. The
notice  of  determination  to hold a public hearing shall state that the
project sponsor has the opportunity within fifteen days to withdraw  his
application or submit a new application. A public hearing shall commence
[on  or  before ninety calendar] WITHIN NINETY days, or in the case of a
minor project, WITHIN seventy-five days, [after] OF THE DATE the  agency
[notifies]  MAILS NOTICE TO the project sponsor [that the application is
complete or after the application is deemed  complete  pursuant  to  the
provisions  of this section] OF ITS DETERMINATION TO HOLD A PUBLIC HEAR-
ING. In addition to notice of such hearing being mailed to  the  project
sponsor, such notice shall also be given by publication at least once in
the  environmental  notice  bulletin  and  in a newspaper having general
circulation in each local government wherein the project is proposed  to
be located, by conspicuous posting of the land involved, and by individ-
ual  notice  served  by  certified mail upon each owner of record of the
land involved, and by mail upon: the Adirondack  park  local  government
review  board,  the  persons  named in paragraph a of subdivision two of
this section, any adjoining landowner, to the extent reasonably discern-
ible from the latest completed tax assessment roll, and the clerk of any
local government within five hundred feet of the land  involved.  Public
hearings  held  pursuant  to  this section shall be consolidated or held
jointly with other state or local agencies whenever practicable.
  S 3. Paragraph c of subdivision 6 of section 809 of the executive law,
as amended by chapter 428 of the laws of 1979, is  amended  to  read  as
follows:
  c.  At  any time during the review of an application for a permit or a
request by a permit holder for the renewal, reissuance, or  modification
of an existing permit pursuant to subdivision eight of this section, the
agency  may  request  additional information from the project sponsor or
permit holder with regard to any matter contained in the application  or
request  when such additional information is necessary for the agency to
make any findings or determinations required  by  law.  Such  a  request
shall  not  extend  any  time period for agency action contained in this
section, UNLESS THE AGENCY DETERMINES THAT SUCH RENEWAL, REISSUANCE,  OR
MODIFICATION  WOULD  CONSTITUTE  A MATERIAL CHANGE, IN WHICH CASE AT THE
AGENCY'S DISCRETION SUCH RENEWAL, REISSUANCE, OR MODIFICATION  SHALL  BE
TREATED  AS  A  NEW  APPLICATION WITH NEW TIME PERIODS.   Failure by the
project sponsor or permit holder to  provide  such  information  may  be
grounds for denial by the agency of the application or request.
  S 4. Paragraph a of subdivision 7 of section 809 of the executive law,
as  separately  amended  by chapters 428 and 578 of the laws of 1979, is
amended to read as follows:
  a. A PROJECT AUTHORIZED BY A permit or certificate issued by the agen-
cy pursuant to subdivision five or six of  this  section  shall  [expire
within  sixty  days  from  the date thereof unless within such sixty-day
period such permit or certificate] NOT BE UNDERTAKEN UNLESS AND UNTIL IT
shall have been duly recorded in the name of the landowner in the office
of the clerk of the  county  wherein  the  project  is  proposed  to  be
located. Where a permit OR CERTIFICATE involves action in concert by two
or  more  landowners  as  described by paragraph c of subdivision ten of
this section, the permit OR CERTIFICATE shall be recorded in the name of
each landowner.    ANY  SUCH  PERMIT  OR  CERTIFICATE,  WHETHER  OR  NOT
RECORDED, SHALL BE EFFECTIVE AND SHALL BE ENFORCEABLE AGAINST ANY PERSON
UNDERTAKING THE PROJECT PERMITTED AND SUBSEQUENT LANDOWNERS.

S. 4282                             4

  S 5. Paragraph b of subdivision 8 of section 809 of the executive law,
as  added  by  chapter  428  of  the laws of 1979, is amended to read as
follows:
  b.  A  permit  holder  may  make written request to the agency for the
renewal, reissuance, or modification  of  an  existing  permit.  Such  a
request  shall  be  accompanied by sufficient information supporting the
request for the agency action sought.
  (1) UPON RECEIPT OF SUFFICIENT  INFORMATION,  THE  AGENCY  SHALL  MAIL
WRITTEN  NOTICE  TO  THE PROJECT SPONSOR THAT SUFFICIENT INFORMATION HAS
BEEN PROVIDED.
  (2) In the case of a request TO THE AGENCY FOR A MODIFICATION  TO  THE
PERMIT which does not involve a material change in permit conditions, OR
THE  PROJECT, the applicable law, environmental conditions or technology
since the date of issuance of the existing permit, the agency shall  [on
or  before]  WITHIN  fifteen  [calendar]  days  [after  the receipt of a
request] OF THE DATE OF THE NOTICE PROVIDED PURSUANT TO SUBPARAGRAPH ONE
OF THIS PARAGRAPH mail a written determination to the permit  holder  of
its  decision  [on]  TO GRANT OR DENY the request. If the decision is to
deny the request, the permit holder shall be afforded an opportunity for
hearing and notice of such decision shall be given by the agency in  the
next available issue of the environmental notice bulletin.
  [(2)] (3) In the case of a request which may involve a material change
as  described  in  subparagraph  [one] TWO of this paragraph, the agency
shall [on or before] WITHIN fifteen [calendar] days [after  the  receipt
of  a  request]  OF THE DATE OF THE NOTICE PROVIDED PURSUANT TO SUBPARA-
GRAPH ONE OF THIS PARAGRAPH mail a written determination to  the  permit
holder  that  the  request  shall be treated as an application for a new
permit.
  If pursuant to subparagraph [one] TWO or [two]  THREE  of  this  para-
graph,  the  agency  fails to mail a written determination to the permit
holder within such fifteen [calendar]  day  period,  the  provisions  of
subdivision six of this section shall apply.
  S  6.  Paragraph  c  of subdivision 10 of section 809 of the executive
law, as amended by chapter 578 of the laws of 1979, is amended  to  read
as follows:
  c.  The project would be consistent with the overall intensity [guide-
line] GUIDELINES for the  land  [use  area  involved]  INCLUDED  IN  THE
PROJECT. A landowner shall not be allowed to construct[, either directly
or  as  a result of a proposed subdivision,] more principal buildings on
the land included within the project than the overall intensity  [guide-
line]  GUIDELINES  for  [the given land use area in which the project is
located] SUCH LAND. [In determining the] THE land area  upon  which  the
intensity  guideline  is  calculated  [and  which  is  included within a
project, the landowner shall only include land under his  ownership  and
may  include  all  adjacent land which he owns within that land use area
irrespective of such dividing lines as lot lines, roads, rights of  way,
or  streams and, in the absence of local land use programs governing the
intensity of land use and development, irrespective of local  government
boundaries]  MAY  INCLUDE  ALL LAND WITHIN THE PROJECT IN THE GIVEN LAND
USE AREA IRRESPECTIVE OF SUCH DIVIDING LINES AS LOT LINES, ROADS, RIGHTS
OF WAY, OR STREAMS AND, IN  THE  ABSENCE  OF  LOCAL  LAND  USE  PROGRAMS
GOVERNING  THE  INTENSITY  OF  LAND USE AND DEVELOPMENT, IRRESPECTIVE OF
LOCAL GOVERNMENT BOUNDARIES. PRINCIPAL BUILDINGS PROPOSED AS PART OF THE
PROJECT SHALL NOT  BE  COUNTED  IN  APPLYING  THE  INTENSITY  GUIDELINES
PROVIDED  THAT:  (1)  EACH SUCH PRINCIPAL BUILDING SHALL CORRESPOND TO A
PERMANENT REDUCTION BY ONE PRINCIPAL BUILDING OF THE LAWFULLY  AVAILABLE

S. 4282                             5

DEVELOPMENT  INTENSITY  OF LANDS, WHETHER OR NOT THEY ARE LANDS INCLUDED
IN THE PROJECT, THAT ARE IN THE SAME OR ANY MORE  RESTRICTIVE  LAND  USE
AREA  AND  WITHIN  THE  SAME  LOCAL GOVERNMENT BOUNDARY; AND (2) NO SUCH
PROPOSED  PRINCIPAL BUILDING SHALL BE LOCATED WITHIN ONE-QUARTER MILE OF
ANY LAKE, POND, NAVIGABLE RIVER OR STREAM. Principal buildings in exist-
ence within the [area included within a project, as such area is defined
by the landowner,] LAND OWNERSHIP PROPOSED  FOR  THE  PROJECT  shall  be
counted  in  applying  the intensity guidelines. [As between two or more
separate landowners in a given land use area the principal buildings  on
one  landowner's property shall not be counted in applying the intensity
guidelines to another landowner's project, except that two or more land-
owners whose lands are directly  contiguous  and  located  in  the  same
general  tax  district  or special levy or assessment district may, when
acting, in concert in submitting a project,  aggregate  such  lands  for
purposes of applying the intensity guidelines to their lands thus aggre-
gated.]  The area upon which the intensity guideline is calculated shall
not include (a) bodies of water, such as lakes and ponds, (b)  any  land
in the same ownership that is directly related to any principal building
in existence on August first, nineteen hundred seventy-three, which land
is  not  included  in the project, and (c), in the case of any principal
building constructed after August first, nineteen hundred seventy-three,
any land in the same or any other ownership that was included within the
area of any previous project in order to comply with the overall  inten-
sity guideline.
  S  7.  This  act  shall take effect immediately and shall apply to all
applications received after it shall have become a law.

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