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

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 applications.

Section 3 of the bill would amend EL § 809(6) to clarify that the APA's request for additional information will extend the time period by which the agency must make a determination on an application where such request is related to a material change to the application.

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 and applicable to all permits received after the effective date.

Existing Law:

EL § 809(2),(3),(6) and (8) impose statutory timeframes and procedures associated with, among other things, service of notice, the APA's determinations that an application is complete and/or subject to public hearings before the APA Board, and the renewal, re-issuance or modification of an APA permit. Pursuant to EL § 809(7), a permit or certificate issued by the APA is deemed void unless recorded in the local county clerk's office within 60 days of issuance. Finally, EL 809(10)(c) allows for the allocation of development rights among adjacent lots under limited circumstances.

Prior Legislative History:

The bill was introduced as an APA Departmental Bill in 2012 (S. 6718) and was passed by the Senate.

Statement in Support:

The bill would provide greater flexibility to transfer development rights in a manner that will encourage "smart growth" within the Adirondack 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 principal buildings on each 3.2 acre lot so long as another 6.4 acres of land having the same intensity-use classification is set aside as undevelopable 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 development rights between parcels. The bill would thus promote the development of clustered-housing in certain areas, while conserving others.

The bill would also modify several procedural requirements associated with permit applications and their review by APA staff, and otherwise clarify related provisions that are vague or confusing. For example, under existing law, several of the timing elements of the pemlit application process are based on notification, without explanation of how such notification is provided. See. e.g., EL § 809(2)(b). The bill would clarify that "written notice" is required. The bill would also eliminate the requirement under EL § 809(7) that a permit or certificate issued by the APA be recorded with the county clerk within 60 days of issuance or be deemed expired, and clarify that such document simply be recorded before commencing the permitted project.

Local Impact:

None.

Effective Date:

The bill would take effect immediately upon enactment into law.