senate Bill S6718

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this bill?

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2012 referred to environmental conservation
delivered to assembly
passed senate
May 14, 2012 advanced to third reading
May 09, 2012 2nd report cal.
May 08, 2012 1st report cal.736
Mar 13, 2012 referred to finance

Votes

view votes

S6718 - Bill Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Executive Law
Laws Affected:
Amd §809, Exec L

S6718 - Bill Texts

view summary

Relates to applications for minor and major projects before the Adirondack park agency; relates to time limits for notification to a project sponsor requesting additional information.

view sponsor memo
BILL NUMBER:S6718

TITLE OF BILL:

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

PURPOSE OF THE BILL:

This bill would modify certain procedures under Executive Law ("EL")
809 associated with permit applications submitted to the Adirondack Park
Agency ("APA"), and provide greater opportunity for the transfer of
development rights with the Adirondack Park.

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 applica-
tions.

Section 3 of the bill would amend EL § 809(6) to clarify the effect of
the APA's request for additional information on the hearing process.

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 upon
enactment into law.

EXISTING LAW:

EL §809 provides procedures for renewal, re-issuance or modification of
an APA permit. If a permit is issued, EL §809 provides that the permit
will be void if not recorded in the local county clerk's office within
60 days of issuance. Finally, EL §809 allows for the allocation of
development rights among adjacent lots under limited circumstances.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

The bill would provide greater flexibility to transfer development
rights in a manner that will encourage "smart growth" within the Adiron-
dack 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 princi-
pal buildings on each 3.2 acre lot so long as another 6.4 acres of land
having the same intensity-use classification was set aside as undevelo-
pable 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 develop-
ment rights between parcels. The bill would thus promote the development
of clustered-housing in certain areas, while conserving others.

The bill also would modify several procedural requirements associated
with permit applications, and otherwise clarify related provisions that
are vague or confusing.

BUDGET IMPLICATIONS:

None.

EFFECTIVE DATE:

The bill would take effect immediately.

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

                                  6718

                            I N  S E N A T E

                             March 13, 2012
                               ___________

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 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] WITHIN FIFTEEN days [after the
receipt of such application] OF THE RECEIPT OF AN APPLICATION, the agen-
cy shall [notify] MAIL WRITTEN NOTICE TO the project sponsor  by  certi-
fied  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14262-03-2

S. 6718                             2

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] THE NOTICE OF applica-
tion [is complete] COMPLETION or [after] (II) THE DATE  the  application
is deemed complete pursuant to the provisions of this [section] SUBDIVI-
SION. The determination of whether or not to hold a public hearing 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  findings  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
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

S. 6718                             3

[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 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

S. 6718                             4

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,
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 direct-
ly  or  as a result of a proposed subdivision,] more principal buildings
on the land included within  the  project  than  the  overall  intensity
[guideline] 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
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

S. 6718                             5

existence  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  appli-
cations received after such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.