§ 807 — Local land use programs

New York § 807

• Jurisdiction: New York
• Law EXC: Executive
• Art. 27: Adirondack Park Agency

Text

§ 807. Local land use programs. 1. The agency is authorized to review\nand approve any local land use program proposed by a local government\nand formally submitted by the legislative body of the local government\nto the agency for approval. Within a period of ninety days after such\nsubmission, or such longer period as may be agreed upon in writing by\nthe agency and the local government, the agency shall review the local\nland use program and approve or disapprove it, or approve it subject to\nconditions. The agency shall approve the local land use program if the\nagency determines that such program meets all of the criteria set forth\nin subdivision two. If the agency fails to take final action on the\nlocal land use program within such ninety-day or longer period agreed\nupon by the agency and local government, the local land use program\nshall be deemed approved by the agency and the agency shall, upon the\nrequest of the legislative body of the local government, issue a\ncertification to such effect to such chief elected official. Amendments\nto an approved local land use program that do not relate or pertain to\nthe criteria for approval of a local land use program set forth in\nsubdivision two of section eight hundred seven shall not be subject to\napproval by the agency. All amendments to an approved local land use\nprogram that do relate to such criteria shall be subject to approval by\nthe agency as set forth in subdivision two of section eight hundred\nseven for approval of an initial local land use program.\n 2. The agency shall approve a local land use program if the agency\ndetermines that such program meets all of the following criteria: a. It\nis in furtherance and supportive of the land use and development plan.\n b. It is compatible with the character descriptions and purposes,\npolicies and objectives of the land use areas, and, in regard to its\nmap, compatible with the plan map.\n c. It reasonably applies the overall intensity guidelines for the land\nuse areas in the light of the particular needs and conditions of the\nlocal government. In applying the overall intensity guideline for a\ngiven land use area, the local land use program may provide for both\ngreater and lesser intensity of development within such area provided\nthat the overall intensity shall not exceed such guideline. In no event,\nhowever, shall bodies of water, such as lakes or ponds, located in a\nland use area be taken into account in the application of the overall\nintensity guideline for such area. The local land use program may\ndisregard principal buildings in existence on August one, nineteen\nhundred seventy-three in applying the overall intensity guidelines for a\nland use area. If it does so, the land directly related to such\nprincipal buildings shall not be used in the computation of the total\nland area available for new principal buildings. The local land use\nprogram may be more restrictive than the overall intensity guidelines.\n d. It reasonably applies the classification of compatible uses lists\nin the light of the needs and conditions of the local government.\nAccordingly, the local land use program may include uses not on these\nlists or exclude those that are on them, reclassify those classified on\nsuch lists as primary uses to secondary uses and those classified on\nsuch lists as secondary uses to primary uses, or prohibit any of the\nuses on such lists.\n e. It incorporates at a minimum the shoreline restrictions as they\nrelate to any shoreline within the local government. As an alternative\nto minimum lot sizes on shorelines, the optional shoreline clustering\nprovisions contained in subdivision five of section eight hundred six\nmay be employed in regard to all or specified portions of a shoreline in\nsingle ownerships or in situations involving a group of two or more\nowners acting in concert.\n f. It requires review of class B regional projects and provides that\nany such project shall not be approved unless the local government body\nor officer having jurisdiction under the program determines that the\nundertaking or continuance of such project will not have an undue\nadverse impact upon the natural, scenic, aesthetic, ecological,\nwildlife, historic, recreational or open space resources of the park or\nupon the ability of the public to provide supporting facilities and\nservices made necessary by the project, taking into account the\ncommercial, industrial, residential, recreational or other benefits that\nmight be derived from the project. In making this determination, as to\nthe impact of the project upon the resources of the park, the local\ngovernment body or officer having jurisdiction shall be required under\nthe local land use program to apply the development considerations. The\nlocal land use program may expand upon the development considerations,\nbut shall not eliminate any of them. The local land use program shall\ninclude a provision to insure that no class B regional project shall be\ndisapproved except after public hearing thereon.\n g. It contains adequate authority and provision for its administration\nand enforcement, including, at the option of the legislative body of the\nlocal government, authority to regulate any pre-existing land use or\ndevelopment, or any prefiled subdivision plat. The source of such\nauthority shall be the municipal home rule law or any other applicable\nstate enabling law. Notwithstanding any general or special law to the\ncontrary, a local government may provide in its local land use program,\nif such program is approved by the agency, for planning board action\nwithout public hearings on subdivision plats of less than five lots,\nparcels or sites, provided that no such provision may authorize the\nplanning board to disapprove any subdivision plat without having first\nconducted a public hearing, as required by law. In addition, the\nlegislative body of a local government may include in its local land use\nprogram, if such program is approved by the agency, and to the extent\npermissible within the proper exercise of the police power, such\nprocedures as may be necessary and appropriate for the review of class B\nregional projects as required in paragraph f of this subdivision, and,\nin connection with the granting of a permit for such projects: (1)\nauthority to require restriction of land against further development of\nprincipal buildings, whether by deed restriction, restrictive covenant\nor other similar appropriate means, to ensure that the overall intensity\nguidelines as applied in the local land use program shall be respected;\nand\n (2) authority, to the extent otherwise authorized by law, to impose\nreasonable requirements and conditions to insure that an approved class\nB regional project will be adequately supported by services and\nimprovements made necessary by such project and to insure that such a\nproject shall be completed in accordance with the terms and conditions\nof the approval.\n 3. The agency may separately review and approve, disapprove, or\napprove subject to conditions, significant components of a local land\nuse program which relate or pertain to the entire territorial\njurisdiction of a local government, if proposed by the local government\nand formally submitted by its legislative body. The agency shall\napprove such components if the agency determines that such criteria of\nsubdivision two of this section as shall be relevant to each such\ncomponent are met. Provided, however, that the separately approved\ncomponents of a local land use program shall not be deemed an approved\nlocal land use program for the purposes of this section, section eight\nhundred eight or section eight hundred nine of this article, unless and\nuntil all of the components of the local land use program shall have\nbeen approved pursuant to the terms of this subdivision or subdivision\nfour of this section. Each such component shall be reviewed and acted\nupon in accordance with the procedures and within the time periods\nspecified in subdivision one of this section relative to review of local\nland use programs.\n 4. The agency may review and approve, disapprove, or approve subject\nto conditions, an industrial site plan review law or ordinance, whether\nor not submitted as a component of a local land use program, if proposed\nby a local government and formally submitted by its legislative body.\nThe agency shall approve such law or ordinance if the agency determines\nthat such criteria of subdivision two of this section as shall be\nrelevant to industrial uses and to sawmills, chipping mills, pallet\nmills and similar wood using facilities are met. Such law or ordinance\nshall provide for the review of such uses and facilities pursuant to the\ncriteria and procedures set forth in paragraph f of subdivision two of\nthis section. Notwithstanding any general or special law to the\ncontrary, such law or ordinance shall relate and pertain to not more\nthan two particular sites totalling one hundred acres or less,\nidentified by the local government after a comprehensive study of the\nentire area within its jurisdiction, as appropriate for industrial uses\nand wood using facilities; provided, however, that no such site shall be\nlocated in a resource management area and no such site may be located in\na rural use area remote from existing hamlet areas, or along major\ntravel corridors where a park atmosphere prevails. Upon approval, or\napproval subject to conditions by the agency, and upon valid enactment\nor adoption of such law or ordinance, the authority of the agency over\nsuch uses and facilities pursuant to sections eight hundred six and\neight hundred nine of this article shall be vested in the local\ngovernment, whether or not such uses are class A regional projects. Such\nlaws or ordinances shall be reviewed and acted upon in accordance with\nthe procedures and within the time periods specified in subdivision one\nof this section relative to review of local land use programs. Section\neight hundred eight of this article shall govern the administration and\nenforcement of such laws or ordinances.\n 5. The agency may review and approve, disapprove or approve subject to\nconditions, a local land use program insofar as it relates or pertains\nto one or more land use areas within the territorial jurisdiction of the\nlocal government which in the aggregate is a significant geographical\nportion of the territorial jurisdiction of the local government, if\nproposed by the local government and formally submitted by its\nlegislative body. The agency shall approve such program if the agency\ndetermines that all criteria of subdivision two of this section are met\nwith respect to such geographical portion. If approved, or approved\nsubject to conditions by the agency, such validly enacted or adopted\nprogram, insofar as it pertains to such geographical portion, shall be\ndeemed an approved local land use program with respect to such\ngeographical portion in accordance with the terms and conditions of such\napproval, for the purposes of this section, section eight hundred eight\nand section eight hundred nine of this article. Provided, that nothing\ncontained in this subdivision shall supercede or be construed in\nderogation of the provisions and requirements of the town law and\nvillage law otherwise applicable to the valid enactment or adoption of\nsuch program. The program, insofar as it pertains to such geographical\nportion, shall be reviewed and acted upon in accordance with the\nprocedures and within the time periods specified in subdivision one of\nthis section relative to review of local land use programs.\n 6. The agency shall, in its review of local land use programs, consult\nwith appropriate public agencies, and shall provide opportunity for the\nAdirondack park local government review board and the appropriate county\nand regional planning agencies to review and comment on such programs\nunder review.\n 7. The agency shall encourage and assist local governments in the\npreparation of local land use programs, including the provision of data,\ntechnical assistance and model provisions. Such model provisions shall\nbe made available by the agency as soon as possible after the effective\ndate of the adoption of the land use and development plan.\n