2012 New York Consolidated Laws
EXC - Executive
Article 27 - (800 - 820) ADIRONDACK PARK AGENCY
811 - Special provisions relating to agency project review jurisdiction and the shoreline restrictions.

 
    § 811. Special   provisions   relating   to   agency   project  review
  jurisdiction and the  shoreline  restrictions.  1.  Notwithstanding  any
  other  provision  of  this article, including the provisions of the land
  use and development plan and the shoreline restrictions,  the  following
  provisions   shall   apply   in   connection  with  the  project  review
  jurisdiction  of  the  agency  under  section  eight  hundred  nine  and
  application  of  the  shoreline restrictions either by the agency in the
  review of a project or by operation of section eight hundred six.
    a. Single family dwelling on existing vacant lot.  One  single  family
  dwelling  or  mobile home shall be allowed to be built on any vacant lot
  which was on record on the  date  that  this  act  shall  become  a  law
  regardless of the overall intensity guidelines, or the minimum lot width
  provisions  of  the  shoreline  restrictions.   For the purposes of this
  exemption, such a lot must not adjoin other lots in the same  ownership,
  provided  however,  that  all  such  lots  in  the same ownership may be
  treated together as one lot. In addition  to  the  foregoing  exemption,
  where  the agency has jurisdiction, for a reason other than its location
  in a critical environmental area, of a single family dwelling or  mobile
  home  on  a  lot  described  in  this  paragraph  which  is  owned by an
  individual who has continually owned such lot since  May  twenty-second,
  nineteen hundred seventy-three, it may not disapprove the project on any
  of  the  grounds  specified in paragraph e of subdivision ten of section
  eight hundred nine, but may impose such  reasonable  conditions  on  the
  type  and  manner of placement of any individual on-site sewage disposal
  facilities as are in furtherance of the purposes of this article and  in
  compliance with applicable standards of the department of health.
    b. Conversions of certain existing uses. Those structures in existence
  on  the  date  that this act shall become a law that are associated with
  resort hotels, rental cottages and group camps shall be  allowed  to  be
  converted  from their previous use to individual single family residence
  use, notwithstanding the fact that such structures, as converted, do not
  conform  to  the  overall  intensity   guidelines   or   the   shoreline
  restrictions.
    c.  Gifts,  devises  and  inheritances.  The  mere  division  of  land
  resulting from bona fide gift, devise or inheritance by and from natural
  persons shall not be subject to review by the agency. New  land  use  or
  development  on  lots,  parcels or sites conveyed by individuals, who on
  the date that this act shall become law own such  land,  to  members  of
  their immediate families by bona fide gift, devise or inheritance, shall
  be exempt from the overall intensity guidelines and the minimum lot size
  criteria specified in the class B regional project lists for the purpose
  of  constructing  one  single family dwelling or mobile home on any such
  lot, parcel or site.
    2. Any pre-existing land use and development shall not be  subject  to
  review by the agency.
    3.  Any  (a)  pre-existing subdivision of land, (b) any subdivision or
  portion of a subdivision  that  involves  seventy-five  or  fewer  lots,
  parcels  or  sites  for  the  completion of which any or all permits and
  other approvals required by or pursuant to law were obtained after  July
  first,  nineteen  hundred  seventy-one  and  for which all such required
  permits were in full force and effect  on  July  thirty-first,  nineteen
  hundred  seventy-three,  or  (c)  individual  single  family dwelling or
  mobile home, erected or placed  on  any  lot,  parcel  or  site  in  any
  subdivision  referred  to  in  clauses (a) and (b) hereof which has been
  approved by the state department of health,  shall  not  be  subject  to
  review  by  the agency, provided, however, that a subdivision or portion
  of a subdivision described in clause (b) hereof shall become subject  to
  review  by  the agency on August first, nineteen hundred seventy-four if

  such subdivision or portion is  not  in  existence  on  said  date.  Any
  individual  single  family dwelling or mobile home referred to in clause
  (c) of this subdivision hereof shall not be subject to the  minimum  lot
  width provisions of the shoreline restrictions.
    4.  With respect to any land use or development or subdivision of land
  or portion thereof approved by the  agency  under  its  interim  project
  review  authority,  in  section  eight hundred fifteen, such land use or
  development or subdivision or portion thereof may proceed in  accordance
  with  the  terms  of  the  approval  and shall not be subject to further
  review by the agency  so  long  as  such  land  use  or  development  or
  subdivision   or  portion  thereof  is  substantially  commenced  and/or
  material expenditures and financial obligations have been incurred  with
  regard to such land use or development or subdivision or portion thereof
  within two years of such approval.
    5. Any existing land use or development, including any structure being
  restored  or  rebuilt  in whole or in part, being increased or expanded,
  whether in successive stages or at one time, to a  total  of  less  than
  twenty-five  percent  of  its  size  or  square  footage  at the date of
  enactment or when originally built or undertaken,  whichever  is  later,
  shall  not be subject to review by the agency.  Any material increase or
  expansion  thereafter  shall  constitute  a  reviewable  land   use   or
  development  if otherwise within the agency's review jurisdiction. In no
  case shall any increase or expansion violate, or increase non-compliance
  with, the minimum setback requirements of  the  shoreline  restrictions.
  Notwithstanding  the  foregoing, a single family dwelling or mobile home
  may always be enlarged  or  rebuilt  to  any  extent  provided  that  it
  continues  to  be used as such, provided, however, that no such increase
  or expansion shall violate, or increase  any  non-compliance  with,  the
  minimum setback requirements of the shoreline restrictions.