Bill Text: NY S08005 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to applications for minor and major projects before the Adirondack Park Agency.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2018-03-19 - REFERRED TO FINANCE [S08005 Detail]
Download: New_York-2017-S08005-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8005 IN SENATE March 19, 2018 ___________ 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. Paragraph a of subdivision 1 of section 810 of the execu- 2 tive law, as added by chapter 348 of the laws of 1973, the paragraph 3 heading and subparagraph 1 as amended by chapter 679 of the laws of 4 1974, subparagraph 4 as amended by chapter 899 of the laws of 1976, is 5 amended to read as follows: 6 a. Hamlet areas. (1) All land uses and development and all subdivi- 7 sions of land involving wetlands except for forestry uses (other than 8 timber harvesting that includes a proposed clearcutting of any single 9 unit of land of more than twenty-five acres), agricultural uses, public 10 utility uses, and accessory uses or structures (other than signs) to any 11 such use or to any pre-existing use. 12 (2) Any class of land use or development or subdivision of land that 13 by agreement between a local government and the agency, either prior to 14 or at the time a local land use program is approved by the agency, is to 15 be reviewed by the agency; provided, however, that any class of projects 16 so agreed upon must be designated by and its review authorized in a 17 local ordinance or local law. 18 (3) [All land uses and development and all subdivisions of land19involving one hundred or more residential lots, parcels or sites or20residential units, whether designed for permanent, seasonal or transient21use.22(4)] All structures in excess of forty feet in height, except agricul- 23 tural use structures and residential radio and television antennas. 24 [(5)] (4) Commercial or private airports. 25 [(6)] (5) Watershed management and flood control projects. 26 [(7)] (6) Any material increase or expansion of an existing land use 27 or structure included on this list that is twenty-five percent or more EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14336-01-8S. 8005 2 1 of the original size of such existing use or twenty-five percent or more 2 of the original square footage of such structure. 3 § 2. Paragraph b of subdivision 1 of section 810 of the executive law, 4 as added by chapter 348 of the laws of 1973, the paragraph heading and 5 subparagraph 1 as amended by chapter 679 of the laws of 1974, subpara- 6 graph 5 as amended by chapter 899 of the laws of 1976, subparagraph 17 7 as added and subparagraph 18 as renumbered by chapter 135 of the laws of 8 2011, is amended to read as follows: 9 b. Moderate intensity use areas. (1) All land uses and development and 10 all subdivisions of land located in the following critical environmental 11 areas: (a) within one-quarter mile of rivers navigable by boat desig- 12 nated to be studied as wild, scenic or recreational in accordance with 13 the environmental conservation law during the period of such desig- 14 nation; (b) involving wetlands; (c) at elevations of twenty-five hundred 15 feet or more; (d) within one-eighth mile of tracks of forest preserve 16 land or water now or hereafter classified as wilderness, primitive or 17 canoe in the master plan for management of state lands, except for an 18 individual single family dwelling and accessory uses or structures ther- 19 eto. Provided, however, that the above shall not include forestry uses 20 (other than clear-cutting as specified in [number nine below] subpara- 21 graph eight of this paragraph), agricultural uses, open space recreation 22 uses, public utility uses, and accessory uses or structures (other than 23 signs) to any such use or to any pre-existing use. 24 (2) Any class of land use or development or subdivision of land that 25 by agreement between a local government and the agency, either prior to 26 or at the time a local land use program is approved by the agency, is to 27 be reviewed by the agency; provided, however, that any class of projects 28 so agreed upon must be designated by and its review authorized in a 29 local ordinance or local law. 30 (3) [All land uses and development and all subdivisions of land31involving seventy-five or more residential lots, parcels or sites or32residential units, whether designed for permanent, seasonal or transient33use.34(4)] Commercial or agricultural service uses involving ten thousand or 35 more square feet of floor space. 36 [(5)] (4) All structures in excess of forty feet in height, except 37 agricultural use structures and residential radio and television anten- 38 nas. 39 [(6)] (5) Tourist attractions. 40 [(7)] (6) Ski centers. 41 [(8)] (7) Commercial or private airports. 42 [(9)] (8) Timber harvesting that includes a proposed clearcutting of 43 any single unit of land of more than twenty-five acres. 44 [(10)] (9) Sawmills, chipping mills, pallet mills and similar wood 45 using facilities. 46 [(11)] (10) Mineral extractions. 47 [(12)] (11) Mineral extraction structures. 48 [(13)] (12) Watershed management and flood control projects. 49 [(14)] (13) Sewage treatment plants. 50 [(15)] (14) Major public utility uses. 51 [(16)] (15) Industrial uses. 52 [(17)] (16) Community housing as defined in subdivision seventeen-a of 53 section eight hundred two of this article. 54 [(18)] (17) Any material increase or expansion of an existing land use 55 or structure included on this list that is twenty-five percent or moreS. 8005 3 1 of the original size of such existing use or twenty-five percent or more 2 of the original square footage of such structure. 3 § 3. Paragraph c of subdivision 1 of section 810 of the executive law, 4 as added by chapter 348 of the laws of 1973, the paragraph heading and 5 subparagraph 1 as amended by chapter 679 of the laws of 1974, subpara- 6 graph 5 as amended by chapter 899 of the laws of 1976, subparagraph 19 7 as added and subparagraph 20 as renumbered by chapter 135 of the laws of 8 2011, is amended to read as follows: 9 c. Low intensity use areas. (1) All land uses and development and all 10 subdivisions of land located in the following critical environmental 11 areas: (a) within one-quarter mile of rivers navigable by boat desig- 12 nated to be studied as wild, scenic or recreational in accordance with 13 the environmental conservation law during the period of such desig- 14 nation; (b) involving wetlands; (c) at elevations of twenty-five hundred 15 feet or more; (d) within one-eighth mile of tracts of forest preserve 16 land now or hereafter classified as wilderness, primitive or canoe in 17 the master plan for management of state lands, except for an individual 18 single family dwelling and accessory uses or structures thereto. 19 Provided, however, that the above shall not include forestry uses (other 20 than clear-cutting as specified in [number nine below] subparagraph 21 eight of this paragraph), agricultural uses, open space recreation uses, 22 public utility uses, and accessory uses or structures (other than signs) 23 to any such use or to any pre-existing use. 24 (2) Any class of land use or development or subdivision of land that 25 by agreement between a local government and the agency, either prior to 26 or at the time a local land use program is approved by the agency, is to 27 be reviewed by the agency; provided, however, that any class of projects 28 so agreed upon must be designated by and its review authorized in a 29 local ordinance or local law. 30 (3) [All land uses and development and all subdivisions of land31involving thirty-five or more residential lots, parcels or sites or32residential units, whether designed for permanent, seasonal or transient33use.34(4)] Commercial or agricultural service uses involving five thousand 35 or more square feet of floor space. 36 [(5)] (4) All structures in excess of forty feet in height, except 37 agricultural use structures and residential radio and television anten- 38 nas. 39 [(6)] (5) Tourist attractions. 40 [(7)] (6) Ski centers. 41 [(8)] (7) Commercial or private airports. 42 [(9)] (8) Timber harvesting that includes a proposed clearcutting of 43 any single unit of land of more than twenty-five acres. 44 [(10)] (9) Sawmills, chipping mills, pallet mills and similar wood 45 using facilities. 46 [(11)] (10) Mineral extractions. 47 [(12)] (11) Mineral extraction structures. 48 [(13)] (12) Watershed management and flood control projects. 49 [(14)] (13) Sewage treatment plants. 50 [(15)] (14) Waste disposal areas. 51 [(16)] (15) Junkyards. 52 [(17)] (16) Major public utility uses. 53 [(18)] (17) Industrial uses. 54 [(19)] (18) Community housing as defined in subdivision seventeen-a of 55 section eight hundred two of this article.S. 8005 4 1 [(20)] (19) Any material increase or expansion of an existing land use 2 or structure included on this list that is twenty-five percent or more 3 of the original size of such existing use or twenty-five percent or more 4 of the original square footage of such structure. 5 § 4. Paragraph d of subdivision 1 of section 810 of the executive law, 6 as added by chapter 348 of the laws of 1973, the paragraph heading and 7 subparagraph 1 as amended by chapter 679 of the laws of 1974, subpara- 8 graph 5 as amended by chapter 899 of the laws of 1976, is amended to 9 read as follows: 10 d. Rural use areas. (1) All land uses and development and all subdivi- 11 sions of land located in the following critical environmental areas: (a) 12 within one-quarter mile of rivers navigable by boat designated to be 13 studied as wild, scenic or recreational in accordance with the environ- 14 mental conservation law during the period of such designation; (b) 15 involving wetlands; (c) at elevations of twenty-five hundred feet or 16 more; (d) within one-eighth mile of tracts of forest preserve land or 17 water now or hereafter classified as wilderness, primitive or canoe in 18 the master plan for management of state lands, except for an individual 19 single family dwelling and accessory uses or structures thereto; (e) 20 within one hundred fifty feet of the edge of the right of way of federal 21 or state highways, except for an individual single family dwelling and 22 accessory uses or structures thereto; (f) within one hundred fifty feet 23 of the edge of the right of way of county highways designated by rule or 24 regulation of the agency adopted pursuant to subdivision fourteen of 25 section eight hundred nine of this article or in an approved local land 26 use program, as major travel corridors by the agency or local govern- 27 ment, except for an individual single family dwelling and accessory uses 28 or structures thereto. Provided, however, that the above shall not 29 include forestry uses (other than clear-cutting as specified in [number30ten below] subparagraph nine of this paragraph and sand and gravel pits 31 associated with such uses located within one hundred fifty feet of the 32 edge of the right of way of the above described travel corridors), agri- 33 cultural uses (other than sand and gravel pits associated with such uses 34 located within one hundred fifty feet of the edge of the right of way of 35 the above described travel corridors), open space recreation uses, 36 public utility uses, and accessory uses or structures (other than signs) 37 to any such uses or to any pre-existing use. 38 (2) Any class of land use or development or subdivision of land that 39 by agreement between a local government and the agency, either prior to 40 or at the time a local land use program is approved by the agency, is to 41 be reviewed by the agency; provided, however, that any class of projects 42 so agreed upon must be designated by and its review authorized in a 43 local ordinance or local law. 44 (3) [All land uses and development and all subdivisions of land45involving twenty or more residential lots, parcels or sites or residen-46tial units, whether designed for permanent, seasonal or transient use.47(4)] Commercial and agricultural service uses involving twenty-five 48 hundred or more square feet of floor space. 49 [(5)] (4) All structures in excess of forty feet in height, except 50 agricultural use structures and residential radio and television anten- 51 nas. 52 [(6)] (5) Tourist accommodations. 53 [(7)] (6) Ski centers. 54 [(8)] (7) Commercial seaplane bases. 55 [(9)] (8) Commercial or private airports.S. 8005 5 1 [(10)] (9) Timber harvesting that includes a proposed clearcutting of 2 any single unit of land of more than twenty-five acres. 3 [(11)] (10) Sawmills, chipping mills, pallet mills and similar wood 4 using facilities. 5 [(12)] (11) Mineral extractions. 6 [(13)] (12) Mineral extraction structures. 7 [(14)] (13) Watershed management and flood control projects. 8 [(15)] (14) Sewage treatment plants. 9 [(16)] (15) Waste disposal areas. 10 [(17)] (16) Junkyards. 11 [(18)] (17) Major public utility uses. 12 [(19)] (18) Industrial use. 13 [(20)] (19) Any material increase or expansion of an existing land use 14 or structure included on this list that is twenty-five percent or more 15 of the original size of such existing use or twenty-five percent or more 16 of the original square footage of such structure. 17 § 5. Paragraph a of subdivision 2 of section 810 of the executive law, 18 as added by chapter 348 of the laws of 1973, subparagraph 19 as amended 19 by chapter 899 of the laws of 1976, is amended to read as follows: 20 a. Moderate intensity use areas. (1) Subdivisions of land (and all 21 land uses and development related thereto) involving fifteen or more 22 [but less than seventy-five lots, parcels or sites, other than subdivi-23sions of land involving mobile homes] acres of land. 24 (2) Subdivisions of land (and all land uses and development related 25 thereto) involving less than fifteen [lots, parcels or sites, other than26subdivisions of land involving mobile homes,] acres of land which do not 27 meet the following criteria: (a) In the case of such subdivisions 28 involving land having shoreline, each lot, parcel or site is at least 29 twenty-five thousand square feet in size [and], complies with all of the 30 provisions of the shoreline restrictions, and the leaching components of 31 all pre-existing on-site wastewater treatment systems are located at 32 least one hundred feet from all shorelines. 33 (b) In the case of such subdivisions not involving land having shore- 34 line, each lot, parcel or site is at least forty thousand square feet in 35 size. 36 [Any subdivision or subsequent subdivision of such land, either by the37original owner or subsequent owners, shall be subject to review as a38class B regional project where the total number of lots, parcels or39sites resulting from such subdivision and any prior subdivision or40subdivisions exceeds fourteen.] 41 (3) Multiple family dwellings. 42 [(4) Mobile home courts.43(5) Subdivisions of land involving mobile homes (and all land uses and44development related thereto) and involving two or more lots, parcels or45sites.46(6)] (4) Public and semi-public buildings. 47 [(7)] (5) Municipal roads. 48 [(8)] (6) Commercial or agricultural service uses involving less than 49 ten thousand square feet of floor space. 50 [(9)] (7) Tourist accommodations. 51 [(10)] (8) Marinas, boatyards and boat launching sites. 52 [(11)] (9) Golf courses. 53 [(12)] (10) Campgrounds. 54 [(13)] (11) Group camps. 55 [(14)] (12) Commercial seaplane bases. 56 [(15)] (13) Commercial sand and gravel extractions.S. 8005 6 1 [(16)] (14) Land use or development or subdivisions of land involving 2 the clustering of buildings on land having shoreline on the basis of a 3 specified number of principal buildings per linear mile or proportionate 4 fraction thereof, as provided for in the shoreline restrictions. 5 [(17)] (15) Any land use or development not now or hereafter included 6 on either the list of primary uses or the list of secondary uses for 7 moderate intensity use areas. 8 [(18)] (16) An individual single family dwelling within one-eighth 9 mile of tracts of forest preserve land or water now or hereafter classi- 10 fied as wilderness primitive or canoe in the master plan for management 11 of state lands. 12 [(19)] (17) All land uses and development and all subdivisions of land 13 within one-quarter mile of rivers designated to be studied as wild, 14 scenic or recreational in accordance with the environmental conservation 15 law, other than those navigable by boat, during the period of such 16 designation. 17 [(20)] (18) Any material increase or expansion of an existing land use 18 or structure included on this list that is twenty-five percent or more 19 of the original size of such existing use or twenty-five percent or more 20 of the original square footage of such structure. 21 § 6. Paragraph b of subdivision 2 of section 810 of the executive law, 22 as added by chapter 348 of the laws of 1973, subparagraph 19 as amended 23 by chapter 899 of the laws of 1976, is amended to read as follows: 24 b. Low intensity use areas. (1) Subdivisions of land (and all land 25 uses and development related thereto) involving [ten or more but less26than thirty-five lots, parcels or sites, other than subdivisions of land27involving mobile homes] fifteen or more acres of land. 28 (2) Subdivisions of land (and all land uses and development related 29 thereto) involving less than [ten lots, parcels or sites] fifteen acres 30 of land which do not meet the following criteria: (a) In the case of 31 such subdivisions involving land having shoreline, each lot, parcel or 32 site is at least fifty thousand square feet in size [and], complies with 33 all of the provisions of the shoreline restrictions, and the leaching 34 components of all pre-existing on-site wastewater treatment systems are 35 located at least one hundred feet from all shorelines. 36 (b) In the case of such subdivisions not involving land having shore- 37 line, each lot, parcel or site is at least one hundred twenty thousand 38 square feet in size. 39 [Any subdivision or subsequent subdivision of such land, either by the40original owner or subsequent owners, shall be subject to review as a41class B regional project where the total number of lots, parcels or42sites resulting from such subdivision and any prior subdivision or43subdivisions exceeds nine.] 44 (3) Multiple family dwellings. 45 (4) [Mobile home courts.46(5) Mobile home subdivisions (and all land uses and development47related thereto) involving two or more lots, parcels or sites.48(6)] Public and semi-public buildings. 49 [(7)] (5) Municipal roads. 50 [(8)] (6) Commercial or agricultural service uses involving less than 51 five thousand square feet of floor space. 52 [(9)] (7) Tourist accommodations. 53 [(10)] (8) Marinas, boatyards and boat launching sites. 54 [(11)] (9) Golf courses. 55 [(12)] (10) Campgrounds. 56 [(13)] (11) Group camps.S. 8005 7 1 [(14)] (12) Commercial seaplane bases. 2 [(15)] (13) Commercial sand and gravel extractions. 3 [(16)] (14) Land use or development or subdivision of land involving 4 the clustering of buildings on land having shoreline on the basis of a 5 specified number of principal buildings per linear mile or proportionate 6 fraction thereof, as provided for in the shoreline restrictions. 7 [(17)] (15) Any land use or development not now or hereafter included 8 on either the list of primary uses or the list of secondary uses for low 9 intensity use areas. 10 [(18)] (16) An individual single family dwelling within one-eighth 11 mile of tracts of forest preserve land or water now or hereafter classi- 12 fied as wilderness, primitive or canoe in the master plan for management 13 of state lands. 14 [(19)] (17) All land uses and development and all subdivisions of land 15 within one-quarter mile of rivers designated to be studied as wild, 16 scenic or recreational in accordance with the environmental conservation 17 law, other than those navigable by boat, during the period of such 18 designation. 19 [(20)] (18) Any material increase or expansion of an existing land use 20 or structure included on this list that is twenty-five percent or more 21 of the original size of such existing use or twenty-five percent or more 22 of the original square footage of such structure. 23 § 7. Paragraph c of subdivision 2 of section 810 of the executive law, 24 as added by chapter 348 of the laws of 1973, subparagraph 14 as amended 25 by chapter 899 of the laws of 1976, is amended to read as follows: 26 c. Rural use areas. (1) [Subdivisions] All subdivisions of land (and 27 all land uses and development related thereto) involving [five] two or 28 more [but less than twenty] lots, parcels or sites[, other than subdivi-29sions of land involving mobile homes]. 30 (2) [Subdivisions of land (and all land uses and development related31thereto) involving less than five lots, parcels or sites which do not32meet the following criteria: (a) In the case of such subdivisions33involving land having shoreline, each lot, parcel or site is at least34eighty thousand square feet in size and complies with all of the35provisions of the shoreline restrictions of the plan.36(b) In the case of such subdivisions not involving land having shore-37line, each lot, parcel or site is at least three hundred twenty thousand38square feet in size.39Any subdivision or subsequent subdivision of such land, either by the40original owner or subsequent owners, shall be subject to review as a41class B regional project where the total number of lots, parcels or42sites resulting from such subdivision and any prior subdivision or43subdivisions exceeds four.44(3)] Multiple family dwellings. 45 [(4) Mobile home courts.46(5) Mobile home subdivisions (and all land uses and development47related thereto) involving two or more lots, parcels or sites.48(6)] (3) Public and semi-public buildings. 49 [(7)] (4) Municipal roads. 50 [(8)] (5) Marinas, boatyards and boat launching sites. 51 [(9)] (6) Golf courses. 52 [(10)] (7) Campgrounds. 53 [(11)] (8) Group camps. 54 [(12)] (9) Commercial sand and gravel extractions. 55 [(13)] (10) Land use or development or subdivision of land involving 56 the clustering of buildings on land having shoreline on the basis of aS. 8005 8 1 specified number of principal buildings per linear mile or proportionate 2 fraction thereof, as provided for in the shoreline restrictions. 3 [(14)] (11) All land uses and development and all subdivisions of land 4 within one quarter mile of rivers designated to be studied as wild, 5 scenic or recreational in accordance with the environmental conservation 6 law, other than those navigable by boat, during the period of such 7 designation. 8 [(15)] (12) Any land use or development not now or hereafter included 9 on either the list of primary uses or the list of secondary uses for 10 rural use areas. 11 [(16)] (13) Commercial and agricultural service uses involving less 12 than twenty-five hundred square feet. 13 [(17)] (14) An individual single family dwelling within one-eighth 14 mile of tracts of forest preserve land or water described in item (d) of 15 clause (1) of paragraph d of subdivision one or within one hundred fifty 16 feet of a travel corridor described in such paragraph. 17 [(18)] (15) Any material increase or expansion of an existing land use 18 or structure included on this list that is twenty-five percent or more 19 of the original size of such existing use or twenty-five percent or more 20 of the original square footage of such structure. 21 § 8. This act shall take effect immediately.
