2012 New York Consolidated Laws
EXC - Executive
Article 27 - (800 - 820) ADIRONDACK PARK AGENCY
807 - Local land use programs.

 
    § 807. Local  land use programs. 1. The agency is authorized to review
  and approve any local land use program proposed by  a  local  government
  and  formally  submitted by the legislative body of the local government
  to the agency for approval. Within a period of ninety  days  after  such
  submission,  or  such  longer period as may be agreed upon in writing by
  the agency and the local government, the agency shall review  the  local
  land  use program and approve or disapprove it, or approve it subject to
  conditions. The agency shall approve the local land use program  if  the
  agency  determines that such program meets all of the criteria set forth
  in subdivision two. If the agency fails to  take  final  action  on  the
  local  land  use  program within such ninety-day or longer period agreed
  upon by the agency and local government,  the  local  land  use  program
  shall  be  deemed  approved by the agency and the agency shall, upon the
  request of the  legislative  body  of  the  local  government,  issue  a
  certification  to such effect to such chief elected official. Amendments
  to an approved local land use program that do not relate or  pertain  to
  the  criteria  for  approval  of  a  local land use program set forth in
  subdivision two of section eight hundred seven shall not be  subject  to
  approval  by  the  agency.  All amendments to an approved local land use
  program that do relate to such criteria shall be subject to approval  by
  the  agency  as  set  forth  in subdivision two of section eight hundred
  seven for approval of an initial local land use program.
    2. The agency shall approve a local land use  program  if  the  agency
  determines  that such program meets all of the following criteria: a. It
  is in furtherance and supportive of the land use and development plan.
    b. It is compatible with  the  character  descriptions  and  purposes,
  policies  and  objectives  of  the land use areas, and, in regard to its
  map, compatible with the plan map.
    c. It reasonably applies the overall intensity guidelines for the land
  use areas in the light of the particular needs  and  conditions  of  the
  local  government.    In  applying the overall intensity guideline for a
  given land use area, the local land use program  may  provide  for  both
  greater  and  lesser  intensity of development within such area provided
  that the overall intensity shall not exceed such guideline. In no event,
  however, shall bodies of water, such as lakes or  ponds,  located  in  a
  land  use  area  be taken into account in the application of the overall
  intensity guideline for such  area.  The  local  land  use  program  may
  disregard  principal  buildings  in  existence  on  August one, nineteen
  hundred seventy-three in applying the overall intensity guidelines for a
  land use area.   If it does  so,  the  land  directly  related  to  such
  principal  buildings  shall  not be used in the computation of the total
  land area available for new principal  buildings.  The  local  land  use
  program may be more restrictive than the overall intensity guidelines.
    d.  It  reasonably applies the classification of compatible uses lists
  in the light of the  needs  and  conditions  of  the  local  government.
  Accordingly,  the  local  land use program may include uses not on these
  lists or exclude those that are on them, reclassify those classified  on
  such  lists  as  primary  uses to secondary uses and those classified on
  such lists as secondary uses to primary uses, or  prohibit  any  of  the
  uses on such lists.
    e.  It  incorporates  at  a minimum the shoreline restrictions as they
  relate to any shoreline within the local government. As  an  alternative
  to  minimum  lot  sizes on shorelines, the optional shoreline clustering
  provisions contained in subdivision five of section  eight  hundred  six
  may be employed in regard to all or specified portions of a shoreline in
  single  ownerships  or  in  situations  involving a group of two or more
  owners acting in concert.

    f. It requires review of class B regional projects and  provides  that
  any  such project shall not be approved unless the local government body
  or officer having jurisdiction under the  program  determines  that  the
  undertaking  or  continuance  of  such  project  will  not have an undue
  adverse   impact   upon  the  natural,  scenic,  aesthetic,  ecological,
  wildlife, historic, recreational or open space resources of the park  or
  upon  the  ability  of  the  public to provide supporting facilities and
  services  made  necessary  by  the  project,  taking  into  account  the
  commercial, industrial, residential, recreational or other benefits that
  might  be  derived from the project. In making this determination, as to
  the impact of the project upon the resources  of  the  park,  the  local
  government  body  or officer having jurisdiction shall be required under
  the local land use program to apply the development considerations.  The
  local  land  use program may expand upon the development considerations,
  but shall not eliminate any of them. The local land  use  program  shall
  include  a provision to insure that no class B regional project shall be
  disapproved except after public hearing thereon.
    g. It contains adequate authority and provision for its administration
  and enforcement, including, at the option of the legislative body of the
  local government, authority to regulate any  pre-existing  land  use  or
  development,  or  any  prefiled  subdivision  plat.  The  source of such
  authority shall be the municipal home rule law or any  other  applicable
  state  enabling  law.  Notwithstanding any general or special law to the
  contrary, a local government may provide in its local land use  program,
  if  such  program  is  approved by the agency, for planning board action
  without public hearings on subdivision plats of  less  than  five  lots,
  parcels  or  sites,  provided  that  no such provision may authorize the
  planning board to disapprove any subdivision plat without  having  first
  conducted  a  public  hearing,  as  required  by  law.  In addition, the
  legislative body of a local government may include in its local land use
  program, if such program is approved by the agency, and  to  the  extent
  permissible  within  the  proper  exercise  of  the  police  power, such
  procedures as may be necessary and appropriate for the review of class B
  regional projects as required in paragraph f of this  subdivision,  and,
  in  connection  with  the  granting  of  a permit for such projects: (1)
  authority to require restriction of land against further development  of
  principal  buildings,  whether by deed restriction, restrictive covenant
  or other similar appropriate means, to ensure that the overall intensity
  guidelines as applied in the local land use program shall be  respected;
  and
    (2)  authority,  to  the extent otherwise authorized by law, to impose
  reasonable requirements and conditions to insure that an approved  class
  B  regional  project  will  be  adequately  supported  by  services  and
  improvements made necessary by such project and to insure  that  such  a
  project  shall  be completed in accordance with the terms and conditions
  of the approval.
    3. The agency  may  separately  review  and  approve,  disapprove,  or
  approve  subject  to  conditions, significant components of a local land
  use  program  which  relate  or  pertain  to  the   entire   territorial
  jurisdiction  of a local government, if proposed by the local government
  and formally submitted by  its  legislative  body.    The  agency  shall
  approve  such  components if the agency determines that such criteria of
  subdivision two of this section  as  shall  be  relevant  to  each  such
  component  are  met.  Provided,  however,  that  the separately approved
  components of a local land use program shall not be deemed  an  approved
  local  land  use program for the purposes of this section, section eight
  hundred eight or section eight hundred nine of this article, unless  and
  until  all  of  the  components of the local land use program shall have

  been approved pursuant to the terms of this subdivision  or  subdivision
  four  of  this  section. Each such component shall be reviewed and acted
  upon in accordance with the  procedures  and  within  the  time  periods
  specified in subdivision one of this section relative to review of local
  land use programs.
    4.  The  agency may review and approve, disapprove, or approve subject
  to conditions, an industrial site plan review law or ordinance,  whether
  or not submitted as a component of a local land use program, if proposed
  by  a  local  government and formally submitted by its legislative body.
  The agency shall approve such law or ordinance if the agency  determines
  that  such  criteria  of  subdivision  two  of  this section as shall be
  relevant to industrial uses and  to  sawmills,  chipping  mills,  pallet
  mills  and  similar wood using facilities are met. Such law or ordinance
  shall provide for the review of such uses and facilities pursuant to the
  criteria and procedures set forth in paragraph f of subdivision  two  of
  this  section.  Notwithstanding  any  general  or  special  law  to  the
  contrary, such law or ordinance shall relate and  pertain  to  not  more
  than   two  particular  sites  totalling  one  hundred  acres  or  less,
  identified by the local government after a comprehensive  study  of  the
  entire  area within its jurisdiction, as appropriate for industrial uses
  and wood using facilities; provided, however, that no such site shall be
  located in a resource management area and no such site may be located in
  a rural use area remote from  existing  hamlet  areas,  or  along  major
  travel  corridors  where  a  park atmosphere prevails. Upon approval, or
  approval subject to conditions by the agency, and upon  valid  enactment
  or  adoption  of such law or ordinance, the authority of the agency over
  such uses and facilities pursuant to  sections  eight  hundred  six  and
  eight  hundred  nine  of  this  article  shall  be  vested  in the local
  government, whether or not such uses are class A regional projects. Such
  laws or ordinances shall be reviewed and acted upon in  accordance  with
  the  procedures and within the time periods specified in subdivision one
  of this section relative to review of local land use  programs.  Section
  eight  hundred eight of this article shall govern the administration and
  enforcement of such laws or ordinances.
    5. The agency may review and approve, disapprove or approve subject to
  conditions, a local land use program insofar as it relates  or  pertains
  to one or more land use areas within the territorial jurisdiction of the
  local  government  which  in the aggregate is a significant geographical
  portion of the territorial jurisdiction  of  the  local  government,  if
  proposed   by  the  local  government  and  formally  submitted  by  its
  legislative body. The agency shall approve such program  if  the  agency
  determines  that all criteria of subdivision two of this section are met
  with respect to such geographical  portion.  If  approved,  or  approved
  subject  to  conditions  by  the agency, such validly enacted or adopted
  program, insofar as it pertains to such geographical portion,  shall  be
  deemed  an  approved  local  land  use  program  with  respect  to  such
  geographical portion in accordance with the terms and conditions of such
  approval, for the purposes of this section, section eight hundred  eight
  and  section  eight hundred nine of this article. Provided, that nothing
  contained in  this  subdivision  shall  supercede  or  be  construed  in
  derogation  of  the  provisions  and  requirements  of  the town law and
  village law otherwise applicable to the valid enactment or  adoption  of
  such  program.  The program, insofar as it pertains to such geographical
  portion, shall be  reviewed  and  acted  upon  in  accordance  with  the
  procedures  and  within the time periods specified in subdivision one of
  this section relative to review of local land use programs.
    6. The agency shall, in its review of local land use programs, consult
  with appropriate public agencies, and shall provide opportunity for  the

  Adirondack park local government review board and the appropriate county
  and  regional  planning  agencies to review and comment on such programs
  under review.
    7.  The  agency  shall  encourage  and assist local governments in the
  preparation of local land use programs, including the provision of data,
  technical assistance and model provisions. Such model  provisions  shall
  be  made available by the agency as soon as possible after the effective
  date of the adoption of the land use and development plan.