Bill Text: NY S04282 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to applications for minor and major projects before the Adirondack park agency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-05-29 - REPORTED AND COMMITTED TO FINANCE [S04282 Detail]
Download: New_York-2013-S04282-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4282 2013-2014 Regular Sessions I N S E N A T E 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 S 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 S. 4282 3 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 S 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 S 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. S. 4282 4 1 S 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 S 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 S 7. This act shall take effect immediately and shall apply to all 26 applications received after it shall have become a law.