Relates to applications for minor and major projects before the Adirondack park agency

Summary of provisions

Section 1 of the bill would amend EL § 809(2) to clarify language with respect to (i) the APA's determination that an application is deemed complete, (ii) the agency's authority to request additional information associated with applications for permits, and (iii) the means by which notification must be provided.

Section 2 of the bill would amend EL § 809(3) to clarify language with respect to public hearings and notification of decisions on applica- tions.

Section 3 of the bill would amend EL § 809(6) to clarify the effect of the APA's request for additional information on the hearing process.

Section 4 of the bill would amend EL § 809(7) to (i) eliminate the requirement that a permit or certificate issued by the APA be recorded with the county clerk within 60 days of issuance or be deemed expired, (ii) clarify that the permit or certificate must simply be filed with the county clerk prior to commencing the permitted project, and (iii) clarify that such permit or certificate is enforceable against any person undertaking the permitted project or subsequent landowners.

Section 5 of the bill would amend EL § 809(8) to clarify the procedure by which the APA renews, reissues, or modifies existing permits.

Section 6 of the bill would amend EL § 809(10)(c) to modify the APA Act's overall intensity guidelines in a manner that allows a landowner to transfer development rights from one lot to another lot, whether or not the lots are adjacent to each other or owned by the same person.

Section 7 of the bill would make the bill effective immediately upon enactment into law.

Existing law

EL §809 provides procedures for renewal, re-issuance or modification of an APA permit. If a permit is issued, EL §809 provides that the permit will be void if not recorded in the local county clerk's office within 60 days of issuance. Finally, EL §809 allows for the allocation of development rights among adjacent lots under limited circumstances.

Prior legislative history

This is a new bill.

Statement in support

The bill would provide greater flexibility to transfer development rights in a manner that will encourage "smart growth" within the Adiron- dack Park. For example, under EL § 805(3)(e)(3), an owner of land within a "low-intensity use" area that intends to subdivide his/her property is generally limited to constructing one "principal building" per minimum of 3.2 acres of land. The owner of 6.4 acres would thus be limited to two principal buildings on separate 3.2 acre lots. Under the bill, the owner of the 6.4 acres would be allowed to double the amount of princi- pal buildings on each 3.2 acre lot so long as another 6.4 acres of land having the same intensity-use classification was set aside as undevelo- pable pursuant to APA permit. The bill would require both the lots to be developed and those set aside as undevelopable to be located within the same municipality but would not require common ownership between the lots. In other words, separate owners of land could transfer develop- ment rights between parcels. The bill would thus promote the development of clustered-housing in certain areas, while conserving others.

The bill also would modify several procedural requirements associated with permit applications, and otherwise clarify related provisions that are vague or confusing.

Budget implications

None.

Effective date

The bill would take effect immediately.