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.