STATE OF NEW YORK
________________________________________________________________________
4282
2013-2014 Regular Sessions
IN SENATE
March 19, 2013
___________
Introduced by Sen. LITTLE -- (at request of the Adirondack Park Agency)
-- read twice and ordered printed, and when printed to be committed to
the Committee on Cultural Affairs, Tourism, Parks and Recreation
AN ACT to amend the executive law, in relation to applications for minor
and major projects before the Adirondack park agency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs b and d of subdivision 2 of section 809 of the
2 executive law, as amended by chapter 428 of the laws of 1979, are
3 amended to read as follows:
4 b. [On or before fifteen calendar days after the receipt of such
5 application] Within fifteen days of the receipt of an application, the
6 agency shall [notify] mail written notice to the project sponsor by
7 certified mail determining whether or not the application is complete.
8 For the purposes of this section, a "complete application" shall mean an
9 application for a permit which is in an approved form and is determined
10 by the agency to be complete for the purpose of commencing review of the
11 application but which may need to be supplemented during the course of
12 review as to matters contained in the application in order to enable the
13 agency to make the findings and determinations required by this section.
14 If the agency fails to mail such notice within such fifteen-day period,
15 the application shall be deemed complete. If the agency determines the
16 application is not complete, the notice shall include a concise state-
17 ment of the respects in which the application is incomplete, and a
18 request for additional information. [The submission by the project spon-
19 sor of the requested additional information shall commence a new fifteen
20 calendar day period for agency review of the additional information for
21 the purposes of determining completeness. If the agency determines the
22 application is complete, the notice shall so state.] Within fifteen days
23 of the receipt of the requested additional information, the agency shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08961-01-3
S. 4282 2
1 mail written notice to the project sponsor by certified mail determining
2 whether or not the application is complete.
3 A notice of application completion shall not be required in the case
4 of applications for minor projects which the agency determines to be
5 complete when filed. Such applications shall be deemed complete for the
6 purposes of this section upon the date of receipt.
7 d. [Immediately upon] Upon determining that an application is
8 complete, the agency shall, except in relation to minor projects, cause
9 a notice of application completion to be published in the next available
10 environmental notice bulletin published by the department of environ-
11 mental conservation pursuant to section 3-0306 of the environmental
12 conservation law[, which publication shall be not later than ten calen-
13 dar days after the date of such notice]. The time period for public
14 comment on a permit application shall be stated in the notice of appli-
15 cation completion. The agency shall at the same time mail a copy of the
16 notice of application completion to the Adirondack park local government
17 review board and to the persons named in paragraph a of this subdivision
18 [two of this section], and invite their comments.
19 § 2. Paragraphs b, c, d and e of subdivision 3 of section 809 of the
20 executive law, as amended by chapter 428 of the laws of 1979, are
21 amended to read as follows:
22 b. In the case of an application for a permit for which no public
23 hearing has been held, the agency shall mail its decision [shall be
24 mailed on or before] within ninety [calendar] days or, in the case of a
25 minor project, within forty-five [calendar] days[, after] of (i) the
26 date the agency [notifies] mails the project sponsor [that the applica-
27 tion is complete] the notice of application completion or [after] (ii)
28 the date the application is deemed complete pursuant to the provisions
29 of this [section] subdivision.
30 c. In the case of an application for a permit for which a public hear-
31 ing has been held, the agency shall mail its decision [shall be mailed
32 on or before] within sixty [calendar] days [after] of receipt by the
33 agency of a complete record, as that term is defined in paragraphs (a)
34 through (e) of subdivision one of section three hundred two of the state
35 administrative procedure act.
36 d. If the agency determines to hold a public hearing on an application
37 for a permit, the agency shall [notify] mail written notice to the
38 project sponsor of its determination by certified mail [on or before
39 sixty calendar] within sixty days or, in the case of a minor project,
40 within forty-five [calendar] days [after] of (i) the date the agency
41 [notifies] mails the project sponsor [that] the notice of application
42 [is complete] completion or [after] (ii) the date the application is
43 deemed complete pursuant to the provisions of this [section]
44 subdivision. The determination of whether or not to hold a public hear-
45 ing on an application shall be based on whether the agency's evaluation
46 or comments of the review board, local officials or the public on a
47 project raise substantive and significant issues relating to any find-
48 ings or determinations the agency is required to make pursuant to this
49 section, including the reasonable likelihood that the project will be
50 disapproved or can be approved only with major modifications because the
51 project as proposed may not meet statutory or regulatory criteria or
52 standards. The agency shall also consider the general level of public
53 interest in a project. No project may be disapproved without a public
54 hearing first being held thereon.
55 e. If the agency has notified the project sponsor of its determination
56 to hold a public hearing, the sponsor shall not undertake the project
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1 during the time period specified in paragraph c of this subdivision. The
2 notice of determination to hold a public hearing shall state that the
3 project sponsor has the opportunity within fifteen days to withdraw his
4 application or submit a new application. A public hearing shall commence
5 [on or before ninety calendar] within ninety days, or in the case of a
6 minor project, within seventy-five days, [after] of the date the agency
7 [notifies] mails notice to the project sponsor [that the application is
8 complete or after the application is deemed complete pursuant to the
9 provisions of this section] of its determination to hold a public hear-
10 ing. In addition to notice of such hearing being mailed to the project
11 sponsor, such notice shall also be given by publication at least once in
12 the environmental notice bulletin and in a newspaper having general
13 circulation in each local government wherein the project is proposed to
14 be located, by conspicuous posting of the land involved, and by individ-
15 ual notice served by certified mail upon each owner of record of the
16 land involved, and by mail upon: the Adirondack park local government
17 review board, the persons named in paragraph a of subdivision two of
18 this section, any adjoining landowner, to the extent reasonably discern-
19 ible from the latest completed tax assessment roll, and the clerk of any
20 local government within five hundred feet of the land involved. Public
21 hearings held pursuant to this section shall be consolidated or held
22 jointly with other state or local agencies whenever practicable.
23 § 3. Paragraph c of subdivision 6 of section 809 of the executive law,
24 as amended by chapter 428 of the laws of 1979, is amended to read as
25 follows:
26 c. At any time during the review of an application for a permit or a
27 request by a permit holder for the renewal, reissuance, or modification
28 of an existing permit pursuant to subdivision eight of this section, the
29 agency may request additional information from the project sponsor or
30 permit holder with regard to any matter contained in the application or
31 request when such additional information is necessary for the agency to
32 make any findings or determinations required by law. Such a request
33 shall not extend any time period for agency action contained in this
34 section, unless the agency determines that such renewal, reissuance, or
35 modification would constitute a material change, in which case at the
36 agency's discretion such renewal, reissuance, or modification shall be
37 treated as a new application with new time periods. Failure by the
38 project sponsor or permit holder to provide such information may be
39 grounds for denial by the agency of the application or request.
40 § 4. Paragraph a of subdivision 7 of section 809 of the executive law,
41 as separately amended by chapters 428 and 578 of the laws of 1979, is
42 amended to read as follows:
43 a. A project authorized by a permit or certificate issued by the agen-
44 cy pursuant to subdivision five or six of this section shall [expire
45 within sixty days from the date thereof unless within such sixty-day
46 period such permit or certificate] not be undertaken unless and until it
47 shall have been duly recorded in the name of the landowner in the office
48 of the clerk of the county wherein the project is proposed to be
49 located. Where a permit or certificate involves action in concert by two
50 or more landowners as described by paragraph c of subdivision ten of
51 this section, the permit or certificate shall be recorded in the name of
52 each landowner. Any such permit or certificate, whether or not
53 recorded, shall be effective and shall be enforceable against any person
54 undertaking the project permitted and subsequent landowners.
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1 § 5. Paragraph b of subdivision 8 of section 809 of the executive law,
2 as added by chapter 428 of the laws of 1979, is amended to read as
3 follows:
4 b. A permit holder may make written request to the agency for the
5 renewal, reissuance, or modification of an existing permit. Such a
6 request shall be accompanied by sufficient information supporting the
7 request for the agency action sought.
8 (1) Upon receipt of sufficient information, the agency shall mail
9 written notice to the project sponsor that sufficient information has
10 been provided.
11 (2) In the case of a request to the agency for a modification to the
12 permit which does not involve a material change in permit conditions, or
13 the project, the applicable law, environmental conditions or technology
14 since the date of issuance of the existing permit, the agency shall [on
15 or before] within fifteen [calendar] days [after the receipt of a
16 request] of the date of the notice provided pursuant to subparagraph one
17 of this paragraph mail a written determination to the permit holder of
18 its decision [on] to grant or deny the request. If the decision is to
19 deny the request, the permit holder shall be afforded an opportunity for
20 hearing and notice of such decision shall be given by the agency in the
21 next available issue of the environmental notice bulletin.
22 [(2)] (3) In the case of a request which may involve a material change
23 as described in subparagraph [one] two of this paragraph, the agency
24 shall [on or before] within fifteen [calendar] days [after the receipt
25 of a request] of the date of the notice provided pursuant to subpara-
26 graph one of this paragraph mail a written determination to the permit
27 holder that the request shall be treated as an application for a new
28 permit.
29 If pursuant to subparagraph [one] two or [two] three of this para-
30 graph, the agency fails to mail a written determination to the permit
31 holder within such fifteen [calendar] day period, the provisions of
32 subdivision six of this section shall apply.
33 § 6. Paragraph c of subdivision 10 of section 809 of the executive
34 law, as amended by chapter 578 of the laws of 1979, is amended to read
35 as follows:
36 c. The project would be consistent with the overall intensity [guide-
37 line] guidelines for the land [use area involved] included in the
38 project. A landowner shall not be allowed to construct[, either directly
39 or as a result of a proposed subdivision,] more principal buildings on
40 the land included within the project than the overall intensity [guide-
41 line] guidelines for [the given land use area in which the project is
42 located] such land. [In determining the] The land area upon which the
43 intensity guideline is calculated [and which is included within a
44 project, the landowner shall only include land under his ownership and
45 may include all adjacent land which he owns within that land use area
46 irrespective of such dividing lines as lot lines, roads, rights of way,
47 or streams and, in the absence of local land use programs governing the
48 intensity of land use and development, irrespective of local government
49 boundaries] may include all land within the project in the given land
50 use area irrespective of such dividing lines as lot lines, roads, rights
51 of way, or streams and, in the absence of local land use programs
52 governing the intensity of land use and development, irrespective of
53 local government boundaries. Principal buildings proposed as part of the
54 project shall not be counted in applying the intensity guidelines
55 provided that: (1) each such principal building shall correspond to a
56 permanent reduction by one principal building of the lawfully available
S. 4282 5
1 development intensity of lands, whether or not they are lands included
2 in the project, that are in the same or any more restrictive land use
3 area and within the same local government boundary; and (2) no such
4 proposed principal building shall be located within one-quarter mile of
5 any lake, pond, navigable river or stream. Principal buildings in exist-
6 ence within the [area included within a project, as such area is defined
7 by the landowner,] land ownership proposed for the project shall be
8 counted in applying the intensity guidelines. [As between two or more
9 separate landowners in a given land use area the principal buildings on
10 one landowner's property shall not be counted in applying the intensity
11 guidelines to another landowner's project, except that two or more land-
12 owners whose lands are directly contiguous and located in the same
13 general tax district or special levy or assessment district may, when
14 acting, in concert in submitting a project, aggregate such lands for
15 purposes of applying the intensity guidelines to their lands thus aggre-
16 gated.] The area upon which the intensity guideline is calculated shall
17 not include (a) bodies of water, such as lakes and ponds, (b) any land
18 in the same ownership that is directly related to any principal building
19 in existence on August first, nineteen hundred seventy-three, which land
20 is not included in the project, and (c), in the case of any principal
21 building constructed after August first, nineteen hundred seventy-three,
22 any land in the same or any other ownership that was included within the
23 area of any previous project in order to comply with the overall inten-
24 sity guideline.
25 § 7. This act shall take effect immediately and shall apply to all
26 applications received after it shall have become a law.
