§ 808 — Administration and enforcement of approved local land use programs

New York § 808

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

Text

§ 808. Administration and enforcement of approved local land use\nprograms. 1. Local land use programs that have been approved by the\nagency and validly enacted or adopted shall be administered and enforced\nas provided for in such approved programs.\n 2. Upon receipt of an application to undertake any class B regional\nproject that is permissible under an approved local land use program,\nthe local government body or officer having jurisdiction thereof shall\ngive written notice thereof to the agency, together with such pertinent\ninformation as the agency may deem necessary. The agency shall have\nstanding to participate as a party in the local review of such project,\nincluding any public hearing thereon, and to have the issuance of a\npermit therefor by such body or officer reviewed under article\nseventy-eight of the civil practice law and rules and to bring\nproceedings in any court of competent jurisdiction to have any\nundertaking pursuant to such permit restrained, enjoined, corrected or\nabated.\n 3. Upon receipt of an application for a variance from any provision of\nan approved local land use program involving land in any land use area\nother than a hamlet, including any shoreline restriction, the local\ngovernment body or officer having jurisdiction thereof shall give\nwritten notice thereof to the agency together with such pertinent\ninformation as the agency may deem necessary. If such variance is\ngranted, it shall not take effect for thirty days after the granting\nthereof. If, within such thirty day period, the agency determines that\nsuch variance involves the provisions of the land use and development\nplan as approved in the local land use program including any shoreline\nrestriction and was not based upon the appropriate statutory basis of\npractical difficulties or unnecessary hardships, the agency may reverse\nthe local determination to permit the variance. If the agency so acts,\nthe appropriate local government officer or body, as well as any other\nperson aggrieved by such action, shall have standing to have such action\nreviewed under article seventy-eight of the civil practice law and\nrules.\n 4. The agency, after consultation with the Adirondack park local\ngovernment review board, shall have standing to institute a proceeding\nin any court of competent jurisdiction to revoke its approval of a local\nland use program and reassert its review jurisdiction over class B\nregional projects under section eight hundred nine whenever the agency\ndetermines by a two-thirds affirmative vote of its members that the\nlocal government body or officer having jurisdiction has repeatedly or\nfrequently failed or refused, after due notice and requests from the\nagency, and with such body or officer having had full opportunity to be\nheard on all issues involved, to administer or enforce the approved\nlocal land use program to adequately carry out the policies, purposes\nand objectives of the approved program or of the land use and\ndevelopment plan. Not earlier than one year after any such successful\nreassertion by the agency, or such earlier time as may be mutually\nagreed to, the legislative body of the local government involved may\nsubmit its local land use program, or any amended version thereof, or a\nnewly proposed program to the agency for approval as provided for in\nsection eight hundred seven for the initial approval of a local land use\nprogram.\n 5. The agency shall be a party who shall be joined, pursuant to the\nterms of subdivision a of section one thousand one of the civil practice\nlaw and rules, in any action initiated by or against a local government,\nor an instrumentality, agent or employee thereof, in which the issues to\nbe adjudicated relate or pertain to the criteria for approval of a local\nland use program set forth in subdivision two of section eight hundred\nseven of this article. In any other action initiated by or against a\nlocal government, or an instrumentality, agent or employee thereof,\njoinder of the agency shall be governed by the terms of section one\nthousand two of the civil practice law and rules.\n 6. In any action where the agency is a party pursuant to the first\nsentence of subdivision five of this section, the attorney general\nshall, at the request of the local government and without cost to local\ngovernment, also represent the local government as to those issues which\nare common to both the agency and the local government, and as to which\nboth seek the same or substantially similar determination.\n