2012 New York Consolidated Laws
EXC - Executive
Article 27 - (800 - 820) ADIRONDACK PARK AGENCY
809 - Agency administration and enforcement of the land use and development plan.

 
    § 809. Agency  administration  and  enforcement  of  the  land use and
  development plan. 1. The agency shall have jurisdiction  to  review  and
  approve  all  class  A regional projects, including those proposed to be
  located in a land use area  governed  by  an  approved  local  land  use
  program,  and  all  class  B  regional projects in any land use area not
  governed by an approved and validly enacted or adopted  local  land  use
  program.
    All  projects  shall  be  reviewed  and acted upon as expeditiously as
  practical. In particular, to facilitate  the  review  of  minor  project
  applications,  the  agency shall develop simplified application forms to
  deal with such projects, and will comply with the special procedures for
  such projects set forth in  this  section.  For  the  purposes  of  this
  section,  "minor  project"  shall  mean  any  individual  single  family
  dwelling or mobile home or any subdivision involving two  lots,  parcels
  or sites.
    2.  a. Any person proposing to undertake a class A regional project in
  any land use area, or a class B regional project in any  land  use  area
  not  governed  by  an approved and validly enacted or adopted local land
  use program, shall make application to the agency for approval  of  such
  project  and  receive an agency permit therefor prior to undertaking the
  project. Such application shall be filed in such form and manner as  the
  agency   may   prescribe.   The  agency  shall,  upon  receipt  of  such
  application, provide notice of receipt of the application  and  a  brief
  description  of  the  project  to  the  Adirondack park local government
  review board, the chairman of the county planning board, if any, of  the
  county wherein the project is proposed to be located, to the chairman of
  the  appropriate  regional  planning  board,  and  to  the chief elected
  officer, clerk and  planning  board  chairman,  if  any,  of  the  local
  government  wherein  such  project is proposed to be located. The agency
  shall, upon request, furnish or make a copy of the application available
  to the review board or to the officials listed in this paragraph.
    b. On or before fifteen  calendar  days  after  the  receipt  of  such
  application  the  agency  shall  notify the project sponsor by certified
  mail 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
  statement of the respects in which the application  is  incomplete.  The
  submission   by   the   project  sponsor  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.
    A  notice  of application completion shall not be required in the case
  of applications for minor projects which the  agency  determines  to  be
  complete  when filed. Such applications shall be deemed complete for the
  purposes of this section upon the date of receipt.
    c. The project sponsor shall not undertake the project for a period of
  ninety days, or in  the  case  of  a  minor  project,  forty-five  days,
  following the date of such notice of application completion, or the date
  the  application  is  deemed complete pursuant to the provisions of this

  section, unless a permit is issued  prior  to  the  expiration  of  such
  periods.
    d.  Immediately  upon determining that an application is complete, the
  agency shall, except in relation to minor projects, cause  a  notice  of
  application  to  be published in the next available environmental notice
  bulletin published  by  the  department  of  environmental  conservation
  pursuant  to section 3-0306 of the environmental conservation law, which
  publication shall be not later than ten calendar days after the date  of
  such  notice. The time period for public comment on a permit application
  shall be stated in the notice of application. 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  subdivision  two of this section, and invite their
  comments.
    3. a. Within the time periods specified in paragraphs b and c of  this
  subdivision, the agency shall make a decision on a permit application by
  notifying  the  project  sponsor  by  certified  mail of its decision to
  approve the project,  approve  the  project  subject  to  conditions  or
  disapprove the project.
    b.  In  the  case  of  an application for a permit for which no public
  hearing has been held, the agency decision shall be mailed on or  before
  ninety  calendar  days  or,  in  the case of a minor project, forty-five
  calendar days, after the agency notifies the project  sponsor  that  the
  application  is  complete  or  after  the application is deemed complete
  pursuant to the provisions of this section.
    c. In the case of an application for  a  permit  for  which  a  public
  hearing  has been held, the agency decision shall be mailed on or before
  sixty calendar days after 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  the  project  sponsor  of  its
  determination  by certified mail on or before sixty calendar days or, in
  the case of a minor project, forty-five calendar days after  the  agency
  notifies  the  project sponsor that the application is complete or after
  the application is deemed complete pursuant to the  provisions  of  this
  section. 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
  on or before ninety calendar days, or in the case of  a  minor  project,
  seventy-five  days,  after  the agency notifies the project sponsor that
  the application is complete or after the application is deemed  complete
  pursuant  to  the  provisions  of this section. 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  individual  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  discernible 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.
    4.  The  agency  shall  make  provision  in  its rules and regulations
  adopted pursuant  to  subdivision  fourteen  of  this  section  for  the
  Adirondack  park  local  government review board and county and regional
  planning  agencies  receiving  notice  under  subdivision  two  to  have
  opportunity  to review and render advisory comments on the project under
  review by the agency.
    5. Notice of an agency decision  shall  be  given  by  mail  to  those
  entitled  to  individual notice of application under subdivision two and
  notice of hearing under subdivision three, if a hearing is held. If  the
  decision  is  approval,  the agency shall within ten days of issuance of
  its notification of approval grant a permit to the  project  sponsor  to
  undertake   the   project.  If  the  decision  is  approval  subject  to
  conditions, the agency shall  grant  a  permit  only  upon  satisfactory
  fulfillment  of  such  conditions.  Approval subject to conditions shall
  expire six months from the date of such approval, or such longer time as
  is specified in the notification or approval, unless a permit  has  been
  granted.  An  agency permit shall serve as authorization for the project
  sponsor to undertake the  project  in  accordance  with  the  terms  and
  conditions thereof.
    6.  a.  If the agency fails to mail a decision on an application for a
  permit within the time periods  specified  in  paragraphs  b  and  c  of
  subdivision  three of this section, the project sponsor may cause notice
  of such failure to be made to the agency by  means  of  certified  mail,
  return  receipt  requested,  addressed to the agency at its headquarters
  office. If, within five working days after the receipt  of  such  notice
  the  agency  fails  to  mail a decision, the application shall be deemed
  approved and a permit deemed granted subject to any  standard  terms  or
  conditions  applicable to such a permit and the agency shall provide the
  project sponsor with a written certification to this effect.
    b. Any time period  specified  in  this  section  may  be  waived  and
  extended  for  good  cause by written request of the project sponsor and
  consent of the agency, or by written request of the agency  and  consent
  of the project sponsor.
    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. 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.
    7.  a.  A  permit  or  certificate  issued  by  the agency 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  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 involves action in concert by two or more
  landowners as described by  paragraph  c  of  subdivision  ten  of  this
  section, the permit shall be recorded in the name of each landowner.
    b.  A  permit when properly recorded shall operate and be construed as
  actual notice of the right to undertake the project and of the terms and
  conditions imposed by such permit. Such right shall extend to  and  such
  terms  and  conditions  shall be binding upon all subsequent grantees of
  the land area subject to the permit, except those  conditions  which  by
  their  nature  or  wording  are  to be performed by the original project
  sponsor and except as may be otherwise provided by  the  terms  of  such
  permit.
    c.  If a project for which a permit has been granted, or a certificate
  issued, is not in existence within two years after the recording of such
  permit or certificate, unless the terms of the  permit  provides  for  a
  longer  period  of time, the project may not thereafter be undertaken or
  continued unless an application for  a  new  permit  therefor  has  been
  applied for and granted in the same manner and subject to all conditions
  governing  the  application  for and granting of a permit as provided in
  this section. In determining whether to provide a longer period of  time
  by  when  the  project  must  be in existence, the agency shall give due
  consideration to the potential of the land related  to  the  project  to
  remain  suitable  for  the use allowed by the permit and to the economic
  considerations attending the project.
    8. a. Upon the provision of notice stating the grounds for its  action
  and  giving  an opportunity for hearing to the permit holder, the agency
  may modify, suspend or revoke a permit.
    b. A permit holder may make written request  to  the  agency  for  the
  renewal,  reissuance,  or  modification  of  an  existing permit. Such a
  request shall be accompanied by sufficient  information  supporting  the
  request for the agency action sought.
    (1)  In the case of a request which does not involve a material change
  in permit conditions, the applicable law,  environmental  conditions  or
  technology since the date of issuance of the existing permit, the agency
  shall  on or before fifteen calendar days after the receipt of a request
  mail a written determination to the permit holder of its decision on 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)  In  the  case of a request which may involve a material change as
  described in subparagraph one of this paragraph, the agency shall on  or
  before  fifteen  calendar  days  after  the  receipt of a request 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 or two of this paragraph, 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.
    9. The agency shall not approve any class A regional project  proposed
  to  be located in a land use area governed by an approved local land use
  program, or grant a permit therefor, unless  it  first  determines  that
  such  project  meets all of the pertinent requirements and conditions of
  such approved local land use program and that the project would 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 such resources of the  park,  the  agency
  shall  consider  those  pertinent  factors  contained in the development
  considerations and provided for in such approved local land use program.
  The agency shall, in connection with its review of a project under  this
  subdivision,  make  provision in its rules and regulations adopted under
  subdivision fourteen for the early involvement of the  local  government
  wherein  such  project  is  proposed to be located in the review of such
  project on an informal basis. Such local government shall have  standing
  as a party in any public hearing on such project held by the agency.
    10. The agency shall not approve any project proposed to be located in
  any land use area not governed by an approved local land use program, or
  grant  a  permit  therefor, unless it first determines that such project
  meets the following criteria:
    a. The project would be consistent with the land use  and  development
  plan.
    b.  The project would be compatible with the character description and
  purposes, policies and objectives of the land use  area  wherein  it  is
  proposed  to  be  located.  If  the  project is on the classification of
  compatible uses list for the land use area involved, there  shall  be  a
  presumption  of  compatibility with the character description, purposes,
  policies and objectives of such land use area. If the project is a class
  B regional project because, as provided in section eight hundred ten, it
  is not listed as either  a  primary  use  or  a  secondary  use  on  the
  classification  of compatible uses list for the land use area wherein it
  is proposed to be located,  there  shall  be  a  presumption  that  such
  project   would  not  be  compatible  with  the  character  description,
  purposes, policies and objectives of such land use area and  the  burden
  shall be on the project sponsor to demonstrate such compatibility to the
  satisfaction of the agency.
    c.  The  project  would  be  consistent  with  the  overall  intensity
  guideline for the land use area  involved.  A  landowner  shall  not  be
  allowed  to  construct,  either  directly  or  as a result of a proposed
  subdivision, more principal buildings on the land  included  within  the
  project than the overall intensity guideline for the given land use area
  in which the project is located. In determining 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.  Principal  buildings  in existence within the area included
  within a project, as such area is defined by  the  landowner,  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
  landowners  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
  aggregated.  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 intensity guideline.
    d. The  project  would  comply  with  the  shoreline  restrictions  if
  applicable.  The  agency  may  require  a greater setback of any on-site
  sewage drainage field or seepage pit than required under  the  shoreline
  restrictions  if  it determines that soils or other pertinent conditions
  require such greater setback to reasonably protect the water quality  of
  the water body involved.
    e.  The  project  would  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 such
  resources of the park, the agency shall consider those factors contained
  in the development considerations of the plan which are pertinent to the
  project under review.
    11. Where there are practical difficulties or unnecessary hardships in
  the way of carrying out the strict letter of the provisions of the  plan
  or  the  shoreline  restrictions,  the  agency  shall  have authority in
  connection with a project under its review  to  vary  or  modify,  after
  public  hearing  thereon,  the  application of any of such provisions or
  restrictions  relating  to  the  use,  construction  or  alteration   of
  buildings  or  structures, or the use of land, so that the spirit of the
  provisions or restrictions shall be observed, public safety and  welfare
  secured and substantial justice done.
    12. The agency may conduct such investigations, examinations tests and
  site  evaluations  as it deems necessary to verify information contained
  in an application for a development permit, and the project sponsor,  or
  owner  of  the  land upon which the project is proposed, shall grant the
  agency or its agents  permission  to  enter  upon  his  land  for  these
  purposes.
    13.  The  agency  shall have authority to impose such requirements and
  conditions with its granting of a permit as  are  allowable  within  the
  proper  exercise  of  the  police  power. The agency shall have specific
  authority in connection with its  project  review  jurisdiction:  a.  To
  impose  reasonable conditions and requirements, including the posting of
  performance bonds in favor of the local government as obligee, to ensure
  that any project for which  a  permit  is  granted  will  be  adequately
  supported  by  basic  services  and  improvements  made necessary by the
  project. The cost of any such services or improvements may be imposed by
  requiring that the project sponsor provide the service or improvement or
  reserve land, or any interest  therein,  or  contribute  money  in  lieu
  thereof  to  the  local government wherein the project is proposed to be
  located if such local government consents thereto. In  the  exercise  of
  the authority contained in this provision, the agency shall consult with
  the affected municipalities and give due consideration to their views.
    b.  To  impose reasonable conditions and requirements to ensure that a
  project for which a permit is granted by the agency, when undertaken  or
  continued, will be completed in accordance with the terms and conditions
  of  the  permit,  and  that  the  project  sponsor  furnish  appropriate
  guarantees of completion or otherwise demonstrate financial capacity  to
  complete   the   project  or  any  material  part  thereof  and  furnish

  appropriate guarantees or otherwise demonstrate that the project will be
  managed and maintained once completed in accordance with  the  terms  of
  the permit.
    c.  To  impose  reasonable  conditions and requirements to ensure that
  upon approval of a project the applicable  overall  intensity  guideline
  for  the  land use area involved will be respected. Such requirement may
  include the restriction of land against further development of principal
  buildings, whether by deed restriction, restrictive  covenant  or  other
  similar appropriate means.
    d.  To  allow,  upon  request  of  a  project  sponsor, projects to be
  reviewed conceptually, and thereafter or simultaneously therewith to  be
  divided  into and reviewed by sections, and to grant or deny permits for
  such sections. Conceptual determinations  may  be  made,  and  sectional
  permits  may  be  granted subject to the provision of those requirements
  and conditions for improvements and services for, and for completion  of
  the  total  project  as  the  agency  deems  reasonable  and  necessary.
  Conceptual review shall focus upon the  existing  environmental  setting
  and  the  likely  impacts which would result from the project, including
  all proposed phases or segments thereof,  but  shall  not  result  in  a
  binding   approval  or  disapproval.  The  agency  shall  in  rules  and
  regulations establish  criteria,  guidelines,  and  procedures  for  the
  conceptual  and  sectional  review  of  proposed projects. Except to the
  extent, and only for such  period  of  time  as  otherwise  specifically
  stated  in  the  agency's  decision  upon an application for a sectional
  permit, the granting of any sectional  permit  shall  not  constitute  a
  finding,  or  be binding upon the agency, with respect to any portion of
  the total project not included in the section for which  the  permit  is
  granted.
    e.  To  issue  a  general  permit for any class of projects concerning
  which the agency determines it may make the requisite statutory findings
  on a general basis.
    14. The agency may, after public hearing, adopt, and have authority to
  amend or repeal, rules and regulations, consistent with  the  provisions
  of  this section, to govern its project review procedures and to provide
  further  guidance  to  potential  project   sponsors   through   further
  definition  of  the  development  considerations  as they would apply to
  specific  classes  of  projects  in  specific  physical  and  biological
  conditions.  Such  rules  and regulations may include but not be limited
  to:
    a. Procedures prior to formal application to the agency for  a  permit
  for  the informal discussion of preliminary plans for a proposed project
  and for  preliminary  approval  or  recommendations  in  regard  to  the
  project.    Such  informal discussion shall be optional with the project
  sponsor and  no  such  preliminary  approval  or  recommendations  shall
  relieve  the  sponsor  from  complying  with  the  provisions  governing
  submission of a project for review and obtaining a  permit  therefor  as
  provided in this section.
    b.  Procedures  for  cooperation  and  joint  action,  including joint
  hearings, insofar as practical, with other state agencies having  review
  or regulatory jurisdiction which relates with that of the agency's so as
  to  avoid unnecessary costs and burdens both to the state and to project
  sponsors and landowners.
    c. Procedures to insure communication and discussion with any  federal
  agency,  including the Army Corps of engineers and the soil conservation
  service, in regard to any federal development proposals in the park.
    Such agency rules and regulations, and any amendments  thereof,  shall
  be  adopted  only  after  consultation  with  the  Adirondack park local
  government review board and at least one public hearing thereon. Fifteen

  days notice of such hearing shall be made by publication at  least  once
  in a newspaper of general circulation in each county wholly or partially
  within  the  Adirondack  park and in a least three metropolitan areas of
  the  state,  and  by  individual notice served by mail upon the clerk of
  each county and each local government of the park, and the  chairman  of
  all  local  government,  county  and  regional  planning agencies having
  jurisdiction  in  the  park.  Such  notice  shall  contain  a  statement
  describing the subject matter of the proposed rules and regulations, and
  the  time and place of the hearing and where further information thereon
  may be obtained.
    15. This section shall not apply to any  emergency  project  which  is
  immediately  necessary for the protection of life or property as defined
  by the agency by rule and regulation adopted under subdivision fourteen.