§ 815 — Interim development controls

New York § 815

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

Text

§ 815. Interim development controls. 1. The legislature hereby finds\nthat development is taking place in the Adirondack park which threatens\nthe accomplishment of the basic purpose of this article to insure\noptimum overall conservation, protection, preservation, development and\nuse of the park's unique scenic, historic, ecological and natural\nresources. Such development presents an imminent danger to the integrity\nof an area of the state which has always been considered a priceless\npossession of the people of this state. If such development is left\nuncontrolled until the land use and development plan is effective and\nits implementation is underway, the purposes of this article may be\nirreparably and irreversibly compromised. It would, therefore, be\nprejudicial to the interests of the people of the state to delay\nregulatory action until the land use and development plan becomes\neffective as adopted in this article. Accordingly, the agency is\nauthorized until August one, nineteen hundred seventy-three to exercise\nthe powers set forth in this section.\n 2. The agency shall, after public hearing, adopt, and may from time to\ntime amend, rules and regulations to carry out the purposes of this\nsection for the review of any proposed development in the Adirondack\npark which might have an adverse effect upon the park's unique scenic,\nhistoric, ecological and natural resources, hereinafter referred to as a\nproject, including criteria by which such project shall be evaluated by\nthe agency. Such review shall not include review of projects on state\nlands within the park. The rules and regulations of the agency currently\nin force and effect shall remain in force to the extent consistent with\nthis section and unless and until otherwise amended.\n 3. Before adopting or amending such rules and regulations, the agency\nshall submit them to the department of environmental conservation for\ncomments and recommendation.\n 4. Such rules and regulations may exclude projects in specified areas\nor specified kinds of projects and shall exclude (a) bona fide\nmanagement, including logging, of forests, woodlands or plantations or\nthe construction or maintenance of woodroads, landings or temporary\nstructures, directly associated with such management, (b) bona fide\nmanagement of land for agriculture, livestock raising, horticulture and\norchards and (c) any project involving less than five acres and fewer\nthan five lots, from review under this section.\n 5. Such rules and regulations shall set forth a procedure for the\ninformal discussion of preliminary and informal plans for a project and\nfor preliminary approval or recommendations by the agency with respect\nto the project. Such informal discussion shall be optional with the\nproject sponsor, and no such preliminary approval or recommendations by\nthe agency shall relieve any agency or person from complying with any\nprovision of this section.\n 6. This section shall not apply to any emergency project which is\nimmediately necessary for the protection of life or property as defined\nby the agency by rule and regulation.\n 7. A public or private agency or person proposing to undertake a\nproject subject to review under this section or the rules and\nregulations adopted hereunder, shall submit to the agency a description\nthereof, in such form and manner as shall be sufficient to enable the\nagency to make the findings and determinations required by this section.\nFor a period of ninety days following the submission of such description\nto the agency, or until such earlier time as the agency may specify,\nsuch agency or person shall not undertake or continue such project. The\nagency shall review such description to determine the effect of the\nproposed project upon the scenic, historic, ecological and natural\nresources of the park, and to assess the commercial, industrial,\nresidential, recreational or other benefits of the project.\n 8. If, on or before the conclusion of such ninety-day period and after\na public hearing is held on the project in accordance with subdivision\nnine the agency finds that the proposed project (1) is not in\nsubstantial conformity with the policies of this article and (2) would\nhave a substantial and lasting adverse impact upon such resources of the\npark, it may issue an order upon the project sponsor prohibiting the\ncommencement or continuation of the project until August first, nineteen\nhundred seventy-three. The findings and order of the agency shall be in\nwriting and notice of the findings and order shall be mailed to persons\nto whom it is directed at their last known address.\n 9. Notice of a formal hearing shall be given by conspicuous posting of\nthe land which is or will be subject to the agency action in question\nand by publication at least once in a newspaper of general circulation\nin the county or counties wherein such land is situated. In addition,\nindividual notice shall be given by depositing the same in the mails\naddressed at the last known address to: (1) The owner or owners of the\nland which is or will be subject to the agency order; (2) the public or\nprivate agency or person proposing to undertake the project; and (3) the\nlocal government or local governments exercising jurisdiction over the\nland which is or will be subject to the agency order.\n Notices shall be given at least seven days in advance of the hearing\nand shall contain a statement describing the matters to be considered at\nthe hearing, the time and place where further details may be obtained,\nand the time and place of the hearing.\n 10. Any review and determination made pursuant to this section shall\ntake into account existing local controls.\n 11. All orders made by the agency shall be enforceable by appropriate\nproceedings at law or in equity and any person who violates any\nprovision of this section or rules, regulations and orders adopted\npursuant thereto may be fined for not more than five hundred dollars or\nimprisoned not more than thirty days, or both. Each day the violation\ncontinues is hereby deemed to be a separate offense for purposes of\ndetermining the amount of such fines and length of imprisonment.\n 12. A project which has been approved by the agency shall also be\nsubject to approval by local government if such approval is required by\nlaw.\n 13. In regard to a project with respect to which the ninety-day period\nspecified in subdivision seven hereof has been commenced on or before\nJuly thirty-first, nineteen hundred seventy-three, unless the agency\napproves said project in accordance with the provisions of this section,\nthe project sponsor may not undertake said project if it is of a type\nsubject to the agency's project review jurisdiction under section eight\nhundred nine until the sponsor has obtained a permit therefor as\nrequired therein.\n 14. If the agency approves a project reviewed under this section, the\nproject sponsor may request, within ten days thereafter, and the agency\nshall issue within ten days after receipt of such request, a certificate\nto the effect that the project is approved and may be undertaken or\ncontinued, and that permit therefor as called for in section eight\nhundred nine is not required for such project so long as the project is\ncompleted within two years after issuance of such certificate.\nIrrespective of whether a certificate is issued pursuant to this\nsection, a permit shall be required for the undertaking or continuation\nof a project approved under this section if such project is not\ncompleted within two years after its approval.\n 15. For the purposes of this section, the term "development" shall\nmean any activity which materially affects the existing conditions, use\nor appearance of any land, structure or improvement including the\ndivision of any land into parcels or units but shall not include the\ndivision of any land resulting from devise, inheritance, gift or\noperation of law.\n