Bill Text: NY S06718 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to applications for minor and major projects before the Adirondack park agency; relates to time limits for notification to a project sponsor requesting additional information.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-05-15 - referred to environmental conservation [S06718 Detail]
Download: New_York-2011-S06718-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6718 I N S E N A T E March 13, 2012 ___________ 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 Finance 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] WITHIN FIFTEEN days [after the 5 receipt of such application] OF THE RECEIPT OF AN APPLICATION, the agen- 6 cy shall [notify] MAIL WRITTEN NOTICE TO the project sponsor by certi- 7 fied mail DETERMINING whether or not the application is complete. For 8 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 24 MAIL WRITTEN NOTICE TO THE PROJECT SPONSOR BY CERTIFIED MAIL DETERMINING 25 WHETHER OR NOT THE APPLICATION IS COMPLETE. 26 A notice of application completion shall not be required in the case 27 of applications for minor projects which the agency determines to be EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14262-03-2 S. 6718 2 1 complete when filed. Such applications shall be deemed complete for the 2 purposes of this section upon the date of receipt. 3 d. [Immediately upon] UPON determining that an application is 4 complete, the agency shall, except in relation to minor projects, cause 5 a notice of application COMPLETION to be published in the next available 6 environmental notice bulletin published by the department of environ- 7 mental conservation pursuant to section 3-0306 of the environmental 8 conservation law[, which publication shall be not later than ten calen- 9 dar days after the date of such notice]. The time period for public 10 comment on a permit application shall be stated in the notice of appli- 11 cation COMPLETION. The agency shall at the same time mail a copy of the 12 notice of application completion to the Adirondack park local government 13 review board and to the persons named in paragraph a of THIS subdivision 14 [two of this section], and invite their comments. 15 S 2. Paragraphs b, c, d and e of subdivision 3 of section 809 of the 16 executive law, as amended by chapter 428 of the laws of 1979, are 17 amended to read as follows: 18 b. In the case of an application for a permit for which no public 19 hearing has been held, the agency SHALL MAIL ITS decision [shall be 20 mailed on or before] WITHIN ninety [calendar] days or, in the case of a 21 minor project, WITHIN forty-five [calendar] days[, after] OF (I) THE 22 DATE the agency [notifies] MAILS the project sponsor [that the applica- 23 tion is complete] THE NOTICE OF APPLICATION COMPLETION or [after] (II) 24 THE DATE the application is deemed complete pursuant to the provisions 25 of this [section] SUBDIVISION. 26 c. In the case of an application for a permit for which a public hear- 27 ing has been held, the agency SHALL MAIL ITS decision [shall be mailed 28 on or before] WITHIN sixty [calendar] days [after] OF receipt by the 29 agency of a complete record, as that term is defined in paragraphs (a) 30 through (e) of subdivision one of section three hundred two of the state 31 administrative procedure act. 32 d. If the agency determines to hold a public hearing on an application 33 for a permit, the agency shall [notify] MAIL WRITTEN NOTICE TO the 34 project sponsor of its determination by certified mail [on or before 35 sixty calendar] WITHIN SIXTY days or, in the case of a minor project, 36 WITHIN forty-five [calendar] days [after] OF (I) THE DATE the agency 37 [notifies] MAILS the project sponsor [that the] THE NOTICE OF applica- 38 tion [is complete] COMPLETION or [after] (II) THE DATE the application 39 is deemed complete pursuant to the provisions of this [section] SUBDIVI- 40 SION. The determination of whether or not to hold a public hearing on an 41 application shall be based on whether the agency's evaluation or 42 comments of the review board, local officials or the public on a project 43 raise substantive and significant issues relating to any findings or 44 determinations the agency is required to make pursuant to this section, 45 including the reasonable likelihood that the project will be disapproved 46 or can be approved only with major modifications because the project as 47 proposed may not meet statutory or regulatory criteria or standards. The 48 agency shall also consider the general level of public interest in a 49 project. No project may be disapproved without a public hearing first 50 being held thereon. 51 e. If the agency has notified the project sponsor of its determination 52 to hold a public hearing, the sponsor shall not undertake the project 53 during the time period specified in paragraph c of this subdivision. The 54 notice of determination to hold a public hearing shall state that the 55 project sponsor has the opportunity within fifteen days to withdraw his 56 application or submit a new application. A public hearing shall commence S. 6718 3 1 [on or before ninety calendar] WITHIN NINETY days, or in the case of a 2 minor project, WITHIN seventy-five days, [after] OF THE DATE the agency 3 [notifies] MAILS NOTICE TO the project sponsor [that the application is 4 complete or after the application is deemed complete pursuant to the 5 provisions of this section] OF ITS DETERMINATION TO HOLD A PUBLIC HEAR- 6 ING. In addition to notice of such hearing being mailed to the project 7 sponsor, such notice shall also be given by publication at least once in 8 the environmental notice bulletin and in a newspaper having general 9 circulation in each local government wherein the project is proposed to 10 be located, by conspicuous posting of the land involved, and by individ- 11 ual notice served by certified mail upon each owner of record of the 12 land involved, and by mail upon: the Adirondack park local government 13 review board, the persons named in paragraph a of subdivision two of 14 this section, any adjoining landowner, to the extent reasonably discern- 15 ible from the latest completed tax assessment roll, and the clerk of any 16 local government within five hundred feet of the land involved. Public 17 hearings held pursuant to this section shall be consolidated or held 18 jointly with other state or local agencies whenever practicable. 19 S 3. Paragraph c of subdivision 6 of section 809 of the executive law, 20 as amended by chapter 428 of the laws of 1979, is amended to read as 21 follows: 22 c. At any time during the review of an application for a permit or a 23 request by a permit holder for the renewal, reissuance, or modification 24 of an existing permit pursuant to subdivision eight of this section, the 25 agency may request additional information from the project sponsor or 26 permit holder with regard to any matter contained in the application or 27 request when such additional information is necessary for the agency to 28 make any findings or determinations required by law. Such a request 29 shall not extend any time period for agency action contained in this 30 section, UNLESS THE AGENCY DETERMINES THAT SUCH RENEWAL, REISSUANCE, OR 31 MODIFICATION WOULD CONSTITUTE A MATERIAL CHANGE, IN WHICH CASE AT THE 32 AGENCY'S DISCRETION SUCH RENEWAL, REISSUANCE, OR MODIFICATION SHALL BE 33 TREATED AS A NEW APPLICATION WITH NEW TIME PERIODS. Failure by the 34 project sponsor or permit holder to provide such information may be 35 grounds for denial by the agency of the application or request. 36 S 4. Paragraph a of subdivision 7 of section 809 of the executive law, 37 as separately amended by chapters 428 and 578 of the laws of 1979, is 38 amended to read as follows: 39 a. A PROJECT AUTHORIZED BY A permit or certificate issued by the agen- 40 cy pursuant to subdivision five or six of this section shall [expire 41 within sixty days from the date thereof unless within such sixty-day 42 period such permit or certificate] NOT BE UNDERTAKEN UNLESS AND UNTIL IT 43 shall have been duly recorded in the name of the landowner in the office 44 of the clerk of the county wherein the project is proposed to be 45 located. Where a permit OR CERTIFICATE involves action in concert by two 46 or more landowners as described by paragraph c of subdivision ten of 47 this section, the permit OR CERTIFICATE shall be recorded in the name of 48 each landowner. ANY SUCH PERMIT OR CERTIFICATE, WHETHER OR NOT 49 RECORDED, SHALL BE EFFECTIVE AND SHALL BE ENFORCEABLE AGAINST ANY PERSON 50 UNDERTAKING THE PROJECT PERMITTED AND SUBSEQUENT LANDOWNERS. 51 S 5. Paragraph b of subdivision 8 of section 809 of the executive law, 52 as added by chapter 428 of the laws of 1979, is amended to read as 53 follows: 54 b. A permit holder may make written request to the agency for the 55 renewal, reissuance, or modification of an existing permit. Such a S. 6718 4 1 request shall be accompanied by sufficient information supporting the 2 request for the agency action sought. 3 (1) UPON RECEIPT OF SUFFICIENT INFORMATION, THE AGENCY SHALL MAIL 4 WRITTEN NOTICE TO THE PROJECT SPONSOR THAT SUFFICIENT INFORMATION HAS 5 BEEN PROVIDED. 6 (2) In the case of a request TO THE AGENCY FOR A MODIFICATION TO THE 7 PERMIT which does not involve a material change in permit conditions, 8 THE PROJECT, the applicable law, environmental conditions or technology 9 since the date of issuance of the existing permit, the agency shall [on 10 or before] WITHIN fifteen [calendar] days [after the receipt of a 11 request] OF THE DATE OF THE NOTICE PROVIDED PURSUANT TO SUBPARAGRAPH ONE 12 OF THIS PARAGRAPH mail a written determination to the permit holder of 13 its decision [on] TO GRANT OR DENY the request. If the decision is to 14 deny the request, the permit holder shall be afforded an opportunity for 15 hearing and notice of such decision shall be given by the agency in the 16 next available issue of the environmental notice bulletin. 17 [(2)] (3) In the case of a request which may involve a material change 18 as described in subparagraph [one] TWO of this paragraph, the agency 19 shall [on or before] WITHIN fifteen [calendar] days [after the receipt 20 of a request] OF THE DATE OF THE NOTICE PROVIDED PURSUANT TO SUBPARA- 21 GRAPH ONE OF THIS PARAGRAPH mail a written determination to the permit 22 holder that the request shall be treated as an application for a new 23 permit. 24 If pursuant to subparagraph [one] TWO or [two] THREE of this para- 25 graph, the agency fails to mail a written determination to the permit 26 holder within such fifteen [calendar] day period, the provisions of 27 subdivision six of this section shall apply. 28 S 6. Paragraph c of subdivision 10 of section 809 of the executive 29 law, as amended by chapter 578 of the laws of 1979, is amended to read 30 as follows: 31 c. The project would be consistent with the overall intensity [guide- 32 line] GUIDELINES for the land [use area involved] INCLUDED IN THE 33 PROJECT. A landowner shall not be allowed to construct[, either direct- 34 ly or as a result of a proposed subdivision,] more principal buildings 35 on the land included within the project than the overall intensity 36 [guideline] GUIDELINES for [the given land use area in which the project 37 is located] SUCH LAND. [In determining the] THE land area upon which 38 the intensity guideline is calculated [and which is included within a 39 project, the landowner shall only include land under his ownership and 40 may include all adjacent land which he owns within that land use area 41 irrespective of such dividing lines as lot lines, roads, rights of way, 42 or streams and, in the absence of local land use programs governing the 43 intensity of land use and development, irrespective of local government 44 boundaries] MAY INCLUDE ALL LAND WITHIN THE PROJECT IN THE GIVEN LAND 45 USE AREA IRRESPECTIVE OF SUCH DIVIDING LINES AS LOT LINES, ROADS, RIGHTS 46 OF WAY, OR STREAMS AND, IN THE ABSENCE OF LOCAL LAND USE PROGRAMS 47 GOVERNING THE INTENSITY OF LAND USE AND DEVELOPMENT, IRRESPECTIVE OF 48 LOCAL GOVERNMENT BOUNDARIES. PRINCIPAL BUILDINGS PROPOSED AS PART OF THE 49 PROJECT SHALL NOT BE COUNTED IN APPLYING THE INTENSITY GUIDELINES 50 PROVIDED THAT: (1) EACH SUCH PRINCIPAL BUILDING SHALL CORRESPOND TO A 51 PERMANENT REDUCTION BY ONE PRINCIPAL BUILDING OF THE LAWFULLY AVAILABLE 52 DEVELOPMENT INTENSITY OF LANDS, WHETHER OR NOT THEY ARE LANDS INCLUDED 53 IN THE PROJECT, THAT ARE IN THE SAME OR ANY MORE RESTRICTIVE LAND USE 54 AREA AND WITHIN THE SAME LOCAL GOVERNMENT BOUNDARY; AND (2) NO SUCH 55 PROPOSED PRINCIPAL BUILDING SHALL BE LOCATED WITHIN ONE-QUARTER MILE OF 56 ANY LAKE, POND, NAVIGABLE RIVER OR STREAM. Principal buildings in S. 6718 5 1 existence within the [area included within a project, as such area is 2 defined by the landowner,] LAND OWNERSHIP PROPOSED FOR THE PROJECT shall 3 be counted in applying the intensity guidelines. [As between two or more 4 separate landowners in a given land use area the principal buildings on 5 one landowner's property shall not be counted in applying the intensity 6 guidelines to another landowner's project, except that two or more land- 7 owners whose lands are directly contiguous and located in the same 8 general tax district or special levy or assessment district may, when 9 acting, in concert in submitting a project, aggregate such lands for 10 purposes of applying the intensity guidelines to their lands thus aggre- 11 gated.] The area upon which the intensity guideline is calculated shall 12 not include (a) bodies of water, such as lakes and ponds, (b) any land 13 in the same ownership that is directly related to any principal building 14 in existence on August first, nineteen hundred seventy-three, which land 15 is not included in the project, and (c), in the case of any principal 16 building constructed after August first, nineteen hundred seventy-three, 17 any land in the same or any other ownership that was included within the 18 area of any previous project in order to comply with the overall inten- 19 sity guideline. 20 S 7. This act shall take effect immediately and shall apply to appli- 21 cations received after such effective date.