Defines "community housing project" for purposes of the Adirondack Park

Summary of provisions

Section 1 of this bill would amend EL § 802 to add a new subdivision] 7-a to define community housing as dwelling units:

o not exceeding 1,500 square feet of floor space, excluding the garage; o located on one contiguous parcel; o located within a moderate intensity use or low intensity use land area; o located within 3 miles of a hamlet land use area or located within 1 mile of the specified post offices, and not closer than one-tenth of a mile of a water body; and o limited in perpetuity to primary single family residences for persons with 120% or less of the median family income for the county.

Section 2 of this bill would amend the definition of "principle building" set forth in EL § 802(50), to renumber paragraphs (h) and (i) as (i) and (j), respectively, and add a new paragraph (h). The new § 802(50)(h) would include up to 4 dwelling units of community housing, located on a parcel meeting the overall intensity guidelines for one principle building, within the definition of "principle building" to provide special treatment under the APA Act's overall intensity guidelines for new community housing.

Section 3 of the bill would renumber existing EL § 810(1)(b)(17) as EL § 810(1)(b)(18), and add a new EL § 810(1)(b)(17) to add "community housing" to the class A regional project list for moderate intensity use areas, thereby requiring that all such projects obtain an Adirondack Park Agency permit.

Section 4 of the bill would renumber existing EL § 810(1)(c)(19) as EL § 810(1)(c)(20), and add a new EL § 810(1)(c)(19) to add "community housing" to the class A regional project list for low intensity use areas, thereby requiring that all such projects obtain an Adirondack Park Agency permit.

Section 5 of the bill provides that the bill would take effect immediately and apply to applications received after such effective date.

Existing law

EL § 802(50) defines a "principal building," the foundation for the calculation of development intensity for application of the APA Act's overall intensity guidelines which, in turn, govern building potential for new development within the Adirondack Park. Present law generally equates one dwelling unit to one principal building, with an exception for farm housing. It also equates different quantities and configurations of structures for tourist accommodations and commercial and industrial structures. However, present law makes no special provision for "community housing."

Legislative history

This bill was submitted as 2009 Departmental Bill 33 and was introduced that year in the Senate as S.3367 and amended (S.3367-A). In 2010, the bill was again amended in the Senate (S.3367-B) and reported to Rules. Last year, the bill was introduced in the Assembly as A.11464 and reported to Rules.

Statement in support

In order to implement "smart growth" principles and provide for more affordable housing in the Adirondack Park, this bill would modify the definition of "principal building" to allow up to four units to qualify as one principal building under the APA Act if certain conditions are met which are intended to preserve the integrity of the larger APA Act purposes, policies and objectives.

This limited change to the intensity rule would increase flexibility and reduce site costs for qualified housing and homeowners in Adirondack communities that undertake appropriate comprehensive plan elements and where the lack of adequate housing is becoming an acute problem. Community housing projects would require an Adirondack Park Agency permit.

Budget implications

This bill would have not have an impact on the State budget.

Effective date

The bill provides for an immediate effective date and would apply to applications received after such date.