2012 New York Consolidated Laws
EXC - Executive
Article 27 - (800 - 820) ADIRONDACK PARK AGENCY
815 - Interim development controls.

 
    § 815. Interim  development  controls. 1. The legislature hereby finds
  that development is taking place in the Adirondack park which  threatens
  the  accomplishment  of  the  basic  purpose  of  this article to insure
  optimum overall conservation, protection, preservation, development  and
  use  of  the  park's  unique  scenic,  historic,  ecological and natural
  resources. Such development presents an imminent danger to the integrity
  of an area of the state which has always  been  considered  a  priceless
  possession  of  the  people  of  this state. If such development is left
  uncontrolled until the land use and development plan  is  effective  and
  its  implementation  is  underway,  the  purposes of this article may be
  irreparably  and  irreversibly  compromised.  It  would,  therefore,  be
  prejudicial  to  the  interests  of  the  people  of  the state to delay
  regulatory action until  the  land  use  and  development  plan  becomes
  effective  as  adopted  in  this  article.  Accordingly,  the  agency is
  authorized until August one, nineteen hundred seventy-three to  exercise
  the powers set forth in this section.
    2. The agency shall, after public hearing, adopt, and may from time to
  time  amend,  rules  and  regulations  to carry out the purposes of this
  section for the review of any proposed  development  in  the  Adirondack
  park  which  might have an adverse effect upon the park's unique scenic,
  historic, ecological and natural resources, hereinafter referred to as a
  project, including criteria by which such project shall be evaluated  by
  the  agency.  Such  review shall not include review of projects on state
  lands within the park. The rules and regulations of the agency currently
  in force and effect shall remain in force to the extent consistent  with
  this section and unless and until otherwise amended.
    3.  Before adopting or amending such rules and regulations, the agency
  shall submit them to the department of  environmental  conservation  for
  comments and recommendation.
    4.  Such rules and regulations may exclude projects in specified areas
  or  specified  kinds  of  projects  and  shall  exclude  (a)  bona  fide
  management,  including  logging, of forests, woodlands or plantations or
  the construction or maintenance  of  woodroads,  landings  or  temporary
  structures,  directly  associated  with  such  management, (b) bona fide
  management of land for agriculture, livestock raising, horticulture  and
  orchards  and  (c)  any project involving less than five acres and fewer
  than five lots, from review under this section.
    5. Such rules and regulations shall set  forth  a  procedure  for  the
  informal  discussion of preliminary and informal plans for a project and
  for preliminary approval or recommendations by the agency  with  respect
  to  the  project.  Such  informal  discussion shall be optional with the
  project sponsor, and no such preliminary approval or recommendations  by
  the  agency  shall  relieve any agency or person from complying with any
  provision of this section.
    6. 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.
    7. A public or private agency  or  person  proposing  to  undertake  a
  project   subject  to  review  under  this  section  or  the  rules  and
  regulations adopted hereunder, shall submit to the agency a  description
  thereof,  in  such  form and manner as shall be sufficient to enable the
  agency to make the findings and determinations required by this section.
  For a period of ninety days following the submission of such description
  to the agency, or until such earlier time as  the  agency  may  specify,
  such  agency or person shall not undertake or continue such project. The
  agency shall review such description to  determine  the  effect  of  the
  proposed  project  upon  the  scenic,  historic,  ecological and natural

  resources of  the  park,  and  to  assess  the  commercial,  industrial,
  residential, recreational or other benefits of the project.
    8. If, on or before the conclusion of such ninety-day period and after
  a  public  hearing is held on the project in accordance with subdivision
  nine  the  agency  finds  that  the  proposed  project  (1)  is  not  in
  substantial  conformity  with the policies of this article and (2) would
  have a substantial and lasting adverse impact upon such resources of the
  park, it may issue an order upon the  project  sponsor  prohibiting  the
  commencement or continuation of the project until August first, nineteen
  hundred  seventy-three. The findings and order of the agency shall be in
  writing and notice of the findings and order shall be mailed to  persons
  to whom it is directed at their last known address.
    9. Notice of a formal hearing shall be given by conspicuous posting of
  the  land  which  is or will be subject to the agency action in question
  and by publication at least once in a newspaper of  general  circulation
  in  the  county  or counties wherein such land is situated. In addition,
  individual notice shall be given by depositing the  same  in  the  mails
  addressed  at  the last known address to: (1) The owner or owners of the
  land which is or will be subject to the agency order; (2) the public  or
  private agency or person proposing to undertake the project; and (3) the
  local  government  or local governments exercising jurisdiction over the
  land which is or will be subject to the agency order. Notices  shall  be
  given  at least seven days in advance of the hearing and shall contain a
  statement describing the matters to be considered at  the  hearing,  the
  time  and  place where further details may be obtained, and the time and
  place of the hearing.
    10. Any review and determination made pursuant to this  section  shall
  take into account existing local controls.
    11.  All orders made by the agency shall be enforceable by appropriate
  proceedings at law  or  in  equity  and  any  person  who  violates  any
  provision  of  this  section  or  rules,  regulations and orders adopted
  pursuant thereto may be fined for not more than five hundred dollars  or
  imprisoned  not  more  than thirty days, or both. Each day the violation
  continues is hereby deemed to be a  separate  offense  for  purposes  of
  determining the amount of such fines and length of imprisonment.
    12.  A  project  which  has  been approved by the agency shall also be
  subject to approval by local government if such approval is required  by
  law.
    13. In regard to a project with respect to which the ninety-day period
  specified  in  subdivision  seven hereof has been commenced on or before
  July thirty-first, nineteen hundred  seventy-three,  unless  the  agency
  approves said project in accordance with the provisions of this section,
  the  project  sponsor  may not undertake said project if it is of a type
  subject to the agency's project review jurisdiction under section  eight
  hundred  nine  until  the  sponsor  has  obtained  a  permit therefor as
  required therein.
    14. If the agency approves a project reviewed under this section,  the
  project  sponsor may request, within ten days thereafter, and the agency
  shall issue within ten days after receipt of such request, a certificate
  to the effect that the project is approved  and  may  be  undertaken  or
  continued,  and  that  permit  therefor  as  called for in section eight
  hundred nine is not required for such project so long as the project  is
  completed   within   two  years  after  issuance  of  such  certificate.
  Irrespective of  whether  a  certificate  is  issued  pursuant  to  this
  section,  a permit shall be required for the undertaking or continuation
  of a project  approved  under  this  section  if  such  project  is  not
  completed within two years after its approval.

    15.  For  the  purposes  of this section, the term "development" shall
  mean any activity which materially affects the existing conditions,  use
  or  appearance  of  any  land,  structure  or  improvement including the
  division of any land into parcels or units but  shall  not  include  the
  division  of  any  land  resulting  from  devise,  inheritance,  gift or
  operation of law.