senate Bill S4165A

Signed By Governor
2011-2012 Legislative Session

Defines "community housing project" for purposes of the Adirondack Park

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Archive: Last Bill Status Via A8303 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 15, 2011 signed chap.135
Jul 08, 2011 delivered to governor
Jun 16, 2011 returned to assembly
passed senate
3rd reading cal.1103
substituted for s4165a
Jun 16, 2011 substituted by a8303
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
amended 4165a
Jun 07, 2011 1st report cal.1103
Mar 22, 2011 referred to finance

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S4165 - Bill Details

See Assembly Version of this Bill:
A8303
Law Section:
Executive Law
Laws Affected:
Amd §§802 & 810, Exec L
Versions Introduced in 2011-2012 Legislative Session:
A8303

S4165 - Bill Texts

view summary

Defines "community housing" for purposes of the Adirondack Park to mean four dwelling units not exceeding 1500 square feet of floor space each, located on one contiguous parcel within a moderate intensity use or low intensity use land use area, and meeting certain other defined land use criteria.

view sponsor memo
BILL NUMBER:S4165

TITLE OF BILL:

An act
to amend the executive law, in relation to community housing in the
Adirondack park

PURPOSE:

The purpose of this bill is to encourage community housing projects
through special treatment under the intensity guidelines for
development under the Adirondack Park Agency Act (APA Act), codified
in Executive Law (EL) Article 27, in the vicinity of existing hamlet
areas within the Park.

SUMMARY OF PROVISIONS:

Section 1 of this bill would amend EL § 802 to add a new subdivision
17-a to define community housing as dwelling units:

* not exceeding 1,500 square feet of floor space, excluding the garage;
* located on one contiguous parcel;
* located within a moderate intensity use or low intensity use land area;
* located within 3 miles of a hamlet land use area or located within 1
mile of the specified post offices, and not closer than one-tenth of
a mile of a water body; and
* limited in perpetuity to primary single family residences
for persons with 120% or less of the median family
income for the county.

Section 2 of this bill would amend the definition of "principle
building" set forth in EL § 802(50), to renumber paragraphs (h) and
(i) as (i) and (j), respectively, and add a new paragraph (h). The
new § 802(50)(h) would include up to 4 dwelling units of community
housing, located on a parcel meeting the overall intensity guidelines
for one principle building, within the definition of "principle
building" to provide special treatment under the APA Act's overall
intensity guidelines for new community housing.

Section 3 of the bill would renumber existing EL § 810(1)(b)(17)
as EL § 810(1)(b)(18), and add a new EL § 810(1)(b)(17) to add
"community housing" to the class A regional project list for moderate
intensity use areas, thereby requiring that all such projects obtain
an Adirondack Park Agency permit.

Section 4 of the bill would renumber existing EL § 810(1)(c)(19)
as EL § 810(1)(c)(20), and add a new EL § 810(1)(c)(19) to add
"community housing" to the class A regional project list for low
intensity use areas, thereby requiring that all such projects obtain
an Adirondack Park Agency permit.

Section 5 of the bill provides that the bill would take effect
immediately and apply to applications received after such effective
date.


EXISTING LAW

EL § 802(50) defines a "principal building," the foundation for the
calculation of development intensity for application of the APA
Act's overall intensity guidelines which, in turn, govern building
potential for new development within the Adirondack Park. Present law
generally equates one dwelling unit to one principal building, with
an exception for farm housing. It also equates different quantities
and configurations of structures for tourist accommodations and
commercial and industrial structures.
However, present law makes no special provision for "community housing."

LEGISLATIVE HISTORY:

This bill was submitted as 2009 Departmental Bill
33 and was
introduced that year in the Senate as S.3367 and amended (S.3367-A).
In 2010, the bill was again amended in the Senate (S.3367-B) and
reported to Rules. Last year, the bill was introduced in the Assembly
as A.11464 and reported to Rules.

STATEMENT IN SUPPORT:

In order to implement "smart growth" principles and provide for more
affordable housing in the Adirondack Park, this bill would modify the
definition of "principal building" to allow up to four units to
qualify as one principal building under the APA Act if certain
conditions are met which are intended to preserve the integrity of
the larger APA Act purposes, policies and objectives.

This limited change to the intensity rule would increase flexibility
and reduce site costs for qualified housing and homeowners in
Adirondack communities that undertake appropriate comprehensive plan
elements and where the lack of adequate housing is becoming an acute
problem. Community housing projects would require an Adirondack Park
Agency permit.

BUDGET IMPLICATIONS:

This bill would have not have an impact on the State budget.

EFFECTIVE DATE:

The bill provides for an immediate effective date and would apply to
applications received after such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4165

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 22, 2011
                               ___________

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 Finance

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 DWELLINGS  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09472-02-1

S. 4165                             2

  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
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  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.

S4165A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8303
Law Section:
Executive Law
Laws Affected:
Amd §§802 & 810, Exec L
Versions Introduced in 2011-2012 Legislative Session:
A8303

S4165A (ACTIVE) - Bill Texts

view summary

Defines "community housing" for purposes of the Adirondack Park to mean four dwelling units not exceeding 1500 square feet of floor space each, located on one contiguous parcel within a moderate intensity use or low intensity use land use area, and meeting certain other defined land use criteria.

view sponsor memo
BILL NUMBER:S4165A

TITLE OF BILL:

An act
to amend the executive law, in relation to community housing in the
Adirondack park

PURPOSE:

The purpose of this bill is to encourage community housing projects
through special treatment under the intensity guidelines for
development under the Adirondack Park Agency Act (APA Act), codified
in Executive Law (EL) Article 27, in the vicinity of existing hamlet
areas within the Park.

SUMMARY OF PROVISIONS:

Section 1 of this bill would amend EL § 802 to add a new subdivision]
7-a to define community housing as dwelling units:

o not exceeding 1,500 square feet of floor space, excluding the garage;
o located on one contiguous parcel;
o located within a moderate intensity use or low intensity use land
area;
o located within 3 miles of a hamlet land use area or located within 1
mile of the specified post offices, and not closer than one-tenth of
a mile of a water body; and
o limited in perpetuity to primary single
family residences for persons with 120% or less of the median family
income for the county.

Section 2 of this bill would amend the definition of "principle
building" set forth in EL § 802(50), to renumber paragraphs (h) and
(i) as (i) and (j), respectively, and add a new paragraph (h). The
new § 802(50)(h) would include up to 4 dwelling units of community
housing, located on a parcel meeting the overall intensity guidelines
for one principle building, within the definition of "principle
building" to provide special treatment under the APA Act's overall
intensity guidelines for new community housing.

Section 3 of the bill would renumber existing EL § 810(1)(b)(17)
as EL § 810(1)(b)(18), and add a new EL § 810(1)(b)(17) to
add "community housing" to the class A regional project list for
moderate intensity use areas, thereby requiring that all such
projects obtain an Adirondack Park Agency permit.

Section 4 of the bill would renumber existing EL § 810(1)(c)(19)
as EL § 810(1)(c)(20), and add a new EL § 810(1)(c)(19) to
add "community housing" to the class A regional project list for low
intensity use areas, thereby requiring that all such projects obtain
an Adirondack Park Agency permit.

Section 5 of the bill provides that the bill would take effect
immediately and apply to applications received after such effective
date.


EXISTING LAW:

EL § 802(50) defines a "principal building," the foundation for the
calculation of development intensity for application of the APA Act's
overall intensity guidelines which, in turn, govern building
potential for new development within the Adirondack Park. Present law
generally equates one dwelling unit to one principal building, with
an exception for farm housing. It also equates different quantities
and configurations of structures for tourist accommodations and
commercial and industrial structures.
However, present law makes no special provision for "community housing."

LEGISLATIVE HISTORY:

This bill was submitted as 2009 Departmental Bill
33 and was
introduced that year in the Senate as S.3367 and amended (S.3367-A).
In 2010, the bill was again amended in the Senate (S.3367-B) and
reported to Rules. Last year, the bill was introduced in the Assembly
as A.11464 and reported to Rules.

STATEMENT IN SUPPORT:

In order to implement "smart growth" principles and provide for more
affordable housing in the Adirondack Park, this bill would modify the
definition of "principal building" to allow up to four units to
qualify as one principal building under the APA Act if certain
conditions are met which are intended to preserve the integrity of
the larger APA Act purposes, policies and objectives.

This limited change to the intensity rule would increase flexibility
and reduce site costs for qualified housing and homeowners in
Adirondack communities that undertake appropriate comprehensive plan
elements and where the lack of adequate housing is becoming an acute
problem. Community housing projects would require an Adirondack Park
Agency permit.

BUDGET IMPLICATIONS:

This bill would have not have an impact on the State budget.

EFFECTIVE DATE:

The bill provides for an immediate effective date and would apply to
applications received after such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4165--A
    Cal. No. 1103

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 22, 2011
                               ___________

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 Finance -- reported favorably  from  said  committee,
  ordered  to first report, amended on first report, ordered to a second
  report, and to be reprinted as amended, retaining  its  place  in  the
  order of second report

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09472-03-1

S. 4165--A                          2

SEPARATE LOT, PARCEL OR SITE FOR PURPOSES OF AGENCY JURISDICTION  PURSU-
ANT  TO  SUBPARAGRAPH ONE OF PARAGRAPH (B) AND SUBPARAGRAPH ONE OF PARA-
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.

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