S T A T E O F N E W Y O R K
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11464
I N A S S E M B L Y
June 16, 2010
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Sweeney,
Sayward) -- (at request of the Adirondack Park Agency) -- read once
and referred to the Committee on Environmental 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 DWELLING UNITS (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 RESIDENCES FOR PERSONS WITH
ONE HUNDRED TWENTY PER CENTUM OR LESS OF THE MEDIAN FAMILY INCOME 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.
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 DWELLING UNITS WHICH QUALIFY AS COMMUNITY HOUSING PURSU-
ANT TO SUBDIVISION SEVENTEEN-A OF THIS SECTION AND LOCATED ON A CONTIG-
UOUS PARCEL MEETING THE OVERALL INTENSITY GUIDELINES FOR ONE PRINCIPAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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A. 11464 2
BUILDING; PROVIDED HOWEVER, THAT EACH DWELLING UNIT SHALL CONSTITUTE A
SEPARATE LOT, PARCEL OR SITE FOR PURPOSES OF AGENCY JURISDICTION.
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 PROJECTS 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 PROJECTS 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.