2012 New York Consolidated Laws
EXC - Executive
Article 27 - (800 - 820) ADIRONDACK PARK AGENCY
808 - Administration and enforcement of approved local land use programs.

 
    § 808. Administration  and  enforcement  of  approved  local  land use
  programs.  1. Local land use programs that have  been  approved  by  the
  agency and validly enacted or adopted shall be administered and enforced
  as provided for in such approved programs.
    2.  Upon  receipt  of an application to undertake any class B regional
  project that is permissible under an approved local  land  use  program,
  the  local  government body or officer having jurisdiction thereof shall
  give written notice thereof to the agency, together with such  pertinent
  information  as  the  agency  may  deem necessary. The agency shall have
  standing to participate as a party in the local review of such  project,
  including  any  public  hearing  thereon,  and to have the issuance of a
  permit  therefor  by  such  body  or  officer  reviewed  under   article
  seventy-eight  of  the  civil  practice  law  and  rules  and  to  bring
  proceedings  in  any  court  of  competent  jurisdiction  to  have   any
  undertaking  pursuant  to such permit restrained, enjoined, corrected or
  abated.
    3. Upon receipt of an application for a variance from any provision of
  an approved local land use program involving land in any land  use  area
  other  than  a  hamlet,  including  any shoreline restriction, the local
  government body  or  officer  having  jurisdiction  thereof  shall  give
  written  notice  thereof  to  the  agency  together  with such pertinent
  information as the agency may deem  necessary.    If  such  variance  is
  granted,  it  shall  not  take effect for thirty days after the granting
  thereof. If, within such thirty day period, the agency  determines  that
  such  variance  involves  the provisions of the land use and development
  plan as approved in the local land use program including  any  shoreline
  restriction  and  was  not based upon the appropriate statutory basis of
  practical difficulties or unnecessary hardships, the agency may  reverse
  the  local determination to permit the variance.  If the agency so acts,
  the appropriate local government officer or body, as well as  any  other
  person aggrieved by such action, shall have standing to have such action
  reviewed  under  article  seventy-eight  of  the  civil practice law and
  rules.
    4. The agency, after  consultation  with  the  Adirondack  park  local
  government  review  board, shall have standing to institute a proceeding
  in any court of competent jurisdiction to revoke its approval of a local
  land use program and reassert  its  review  jurisdiction  over  class  B
  regional  projects  under section eight hundred nine whenever the agency
  determines by a two-thirds affirmative vote  of  its  members  that  the
  local  government  body or officer having jurisdiction has repeatedly or
  frequently failed or refused, after due notice  and  requests  from  the
  agency,  and with such body or officer having had full opportunity to be
  heard on all issues involved, to  administer  or  enforce  the  approved
  local  land  use  program to adequately carry out the policies, purposes
  and  objectives  of  the  approved  program  or  of  the  land  use  and
  development  plan.  Not  earlier than one year after any such successful
  reassertion by the agency, or such  earlier  time  as  may  be  mutually
  agreed  to,  the  legislative  body of the local government involved may
  submit its local land use program, or any amended version thereof, or  a
  newly  proposed  program  to  the agency for approval as provided for in
  section eight hundred seven for the initial approval of a local land use
  program.
    5. The agency shall be a party who shall be joined,  pursuant  to  the
  terms of subdivision a of section one thousand one of the civil practice
  law and rules, in any action initiated by or against a local government,
  or an instrumentality, agent or employee thereof, in which the issues to
  be adjudicated relate or pertain to the criteria for approval of a local
  land  use  program set forth in subdivision two of section eight hundred

  seven of this article. In any other action initiated  by  or  against  a
  local  government,  or  an  instrumentality,  agent or employee thereof,
  joinder of the agency shall be governed by  the  terms  of  section  one
  thousand two of the civil practice law and rules.
    6.  In  any  action  where the agency is a party pursuant to the first
  sentence of subdivision five  of  this  section,  the  attorney  general
  shall,  at the request of the local government and without cost to local
  government, also represent the local government as to those issues which
  are common to both the agency and the local government, and as to  which
  both seek the same or substantially similar determination.