NY Exec L § 815 (2021)
2021 New York Laws EXC - Executive Article 27 - Adirondack Park Agency 815 - Interim Development Controls.

§ 815. Interim  development  controls. 1. The legislature hereby finds   that development is taking place in the Adirondack park which  threatens   the  accomplishment  of  the  basic  purpose  of  this article to insure   optimum overall conservation, protection, preservation, development  and   use  of  the  park's  unique  scenic,  historic,  ecological and natural   resources. Such development presents an imminent danger to the integrity   of an area of the state which has always  been  considered  a  priceless   possession  of  the  people  of  this state. If such development is left   uncontrolled until the land use and development plan  is  effective  and   its  implementation  is  underway,  the  purposes of this article may be   irreparably  and  irreversibly  compromised.  It  would,  therefore,  be   prejudicial  to  the  interests  of  the  people  of  the state to delay   regulatory action until  the  land  use  and  development  plan  becomes   effective  as  adopted  in  this  article.  Accordingly,  the  agency is   authorized until August one, nineteen hundred seventy-three to  exercise   the powers set forth in this section.2. The agency shall, after public hearing, adopt, and may from time to   time  amend,  rules  and  regulations  to carry out the purposes of this   section for the review of any proposed  development  in  the  Adirondack   park  which  might have an adverse effect upon the park's unique scenic,   historic, ecological and natural resources, hereinafter referred to as a   project, including criteria by which such project shall be evaluated  by   the  agency.  Such  review shall not include review of projects on state   lands within the park. The rules and regulations of the agency currently   in force and effect shall remain in force to the extent consistent  with   this section and unless and until otherwise amended.3.  Before adopting or amending such rules and regulations, the agency   shall submit them to the department of  environmental  conservation  for   comments and recommendation.4.  Such rules and regulations may exclude projects in specified areas   or  specified  kinds  of  projects  and  shall  exclude  (a)  bona  fide   management,  including  logging, of forests, woodlands or plantations or   the construction or maintenance  of  woodroads,  landings  or  temporary   structures,  directly  associated  with  such  management, (b) bona fide   management of land for agriculture, livestock raising, horticulture  and   orchards  and  (c)  any project involving less than five acres and fewer   than five lots, from review under this section.5. Such rules and regulations shall set  forth  a  procedure  for  the   informal  discussion of preliminary and informal plans for a project and   for preliminary approval or recommendations by the agency  with  respect   to  the  project.  Such  informal  discussion shall be optional with the   project sponsor, and no such preliminary approval or recommendations  by   the  agency  shall  relieve any agency or person from complying with any   provision of this section.6. This section shall not apply to  any  emergency  project  which  is   immediately  necessary for the protection of life or property as defined   by the agency by rule and regulation.7. A public or private agency  or  person  proposing  to  undertake  a   project   subject  to  review  under  this  section  or  the  rules  and   regulations adopted hereunder, shall submit to the agency a  description   thereof,  in  such  form and manner as shall be sufficient to enable the   agency to make the findings and determinations required by this section.   For a period of ninety days following the submission of such description   to the agency, or until such earlier time as  the  agency  may  specify,   such  agency or person shall not undertake or continue such project. The   agency shall review such description to  determine  the  effect  of  the   proposed  project  upon  the  scenic,  historic,  ecological and natural    resources of  the  park,  and  to  assess  the  commercial,  industrial,   residential, recreational or other benefits of the project.8. If, on or before the conclusion of such ninety-day period and after   a  public  hearing is held on the project in accordance with subdivision   nine  the  agency  finds  that  the  proposed  project  (1)  is  not  in   substantial  conformity  with the policies of this article and (2) would   have a substantial and lasting adverse impact upon such resources of the   park, it may issue an order upon the  project  sponsor  prohibiting  the   commencement or continuation of the project until August first, nineteen   hundred  seventy-three. The findings and order of the agency shall be in   writing and notice of the findings and order shall be mailed to  persons   to whom it is directed at their last known address.9. Notice of a formal hearing shall be given by conspicuous posting of   the  land  which  is or will be subject to the agency action in question   and by publication at least once in a newspaper of  general  circulation   in  the  county  or counties wherein such land is situated. In addition,   individual notice shall be given by depositing the  same  in  the  mails   addressed  at  the last known address to: (1) The owner or owners of the   land which is or will be subject to the agency order; (2) the public  or   private agency or person proposing to undertake the project; and (3) the   local  government  or local governments exercising jurisdiction over the   land which is or will be subject to the agency order.Notices shall be given at least seven days in advance of  the  hearing   and shall contain a statement describing the matters to be considered at   the  hearing,  the time and place where further details may be obtained,   and the time and place of the hearing.10. Any review and determination made pursuant to this  section  shall   take into account existing local controls.11.  All orders made by the agency shall be enforceable by appropriate   proceedings at law  or  in  equity  and  any  person  who  violates  any   provision  of  this  section  or  rules,  regulations and orders adopted   pursuant thereto may be fined for not more than five hundred dollars  or   imprisoned  not  more  than thirty days, or both. Each day the violation   continues is hereby deemed to be a  separate  offense  for  purposes  of   determining the amount of such fines and length of imprisonment.12.  A  project  which  has  been approved by the agency shall also be   subject to approval by local government if such approval is required  by   law.13. In regard to a project with respect to which the ninety-day period   specified  in  subdivision  seven hereof has been commenced on or before   July thirty-first, nineteen hundred  seventy-three,  unless  the  agency   approves said project in accordance with the provisions of this section,   the  project  sponsor  may not undertake said project if it is of a type   subject to the agency's project review jurisdiction under section  eight   hundred  nine  until  the  sponsor  has  obtained  a  permit therefor as   required therein.14. If the agency approves a project reviewed under this section,  the   project  sponsor may request, within ten days thereafter, and the agency   shall issue within ten days after receipt of such request, a certificate   to the effect that the project is approved  and  may  be  undertaken  or   continued,  and  that  permit  therefor  as  called for in section eight   hundred nine is not required for such project so long as the project  is   completed   within   two  years  after  issuance  of  such  certificate.   Irrespective of  whether  a  certificate  is  issued  pursuant  to  this   section,  a permit shall be required for the undertaking or continuation   of a project  approved  under  this  section  if  such  project  is  not   completed within two years after its approval. 15.  For  the  purposes  of this section, the term "development" shall   mean any activity which materially affects the existing conditions,  use   or  appearance  of  any  land,  structure  or  improvement including the   division of any land into parcels or units but  shall  not  include  the   division  of  any  land  resulting  from  devise,  inheritance,  gift or   operation of law.