NY Exec L § 807 (2021)
2021 New York Laws EXC - Executive Article 27 - Adirondack Park Agency 807 - Local Land Use Programs.

§ 807. Local  land use programs. 1. The agency is authorized to review and approve any local land use program proposed by  a  local  government and  formally  submitted by the legislative body of the local government to the agency for approval. Within a period of ninety  days  after  such submission,  or  such  longer period as may be agreed upon in writing by the agency and the local government, the agency shall review  the  local land  use program and approve or disapprove it, or approve it subject to conditions. The agency shall approve the local land use program  if  the agency  determines that such program meets all of the criteria set forth in subdivision two. If the agency fails to  take  final  action  on  the local  land  use  program within such ninety-day or longer period agreed upon by the agency and local government,  the  local  land  use  program shall  be  deemed  approved by the agency and the agency shall, upon the request of the  legislative  body  of  the  local  government,  issue  a certification  to such effect to such chief elected official. Amendments to an approved local land use program that do not relate or  pertain  to the  criteria  for  approval  of  a  local land use program set forth in subdivision two of section eight hundred seven shall not be  subject  to approval  by  the  agency.  All amendments to an approved local land use program that do relate to such criteria shall be subject to approval  by the  agency  as  set  forth  in subdivision two of section eight hundred seven for approval of an initial local land use program.   2. The agency shall approve a local land use  program  if  the  agency determines  that such program meets all of the following criteria: a. It is in furtherance and supportive of the land use and development plan.   b. It is compatible with  the  character  descriptions  and  purposes, policies  and  objectives  of  the land use areas, and, in regard to its map, compatible with the plan map.   c. It reasonably applies the overall intensity guidelines for the land use areas in the light of the particular needs  and  conditions  of  the local  government.    In  applying the overall intensity guideline for a given land use area, the local land use program  may  provide  for  both greater  and  lesser  intensity of development within such area provided that the overall intensity shall not exceed such guideline. In no event, however, shall bodies of water, such as lakes or  ponds,  located  in  a land  use  area  be taken into account in the application of the overall intensity guideline for such  area.  The  local  land  use  program  may disregard  principal  buildings  in  existence  on  August one, nineteen hundred seventy-three in applying the overall intensity guidelines for a land use area.   If it does  so,  the  land  directly  related  to  such principal  buildings  shall  not be used in the computation of the total land area available for new principal  buildings.  The  local  land  use program may be more restrictive than the overall intensity guidelines.   d.  It  reasonably applies the classification of compatible uses lists in the light of the  needs  and  conditions  of  the  local  government. Accordingly,  the  local  land use program may include uses not on these lists or exclude those that are on them, reclassify those classified  on such  lists  as  primary  uses to secondary uses and those classified on such lists as secondary uses to primary uses, or  prohibit  any  of  the uses on such lists.   e.  It  incorporates  at  a minimum the shoreline restrictions as they relate to any shoreline within the local government. As  an  alternative to  minimum  lot  sizes on shorelines, the optional shoreline clustering provisions contained in subdivision five of section  eight  hundred  six may be employed in regard to all or specified portions of a shoreline in single  ownerships  or  in  situations  involving a group of two or more owners acting in concert.    f. It requires review of class B regional projects and  provides  that any  such project shall not be approved unless the local government body or officer having jurisdiction under the  program  determines  that  the undertaking  or  continuance  of  such  project  will  not have an undue adverse   impact   upon  the  natural,  scenic,  aesthetic,  ecological, wildlife, historic, recreational or open space resources of the park  or upon  the  ability  of  the  public to provide supporting facilities and services  made  necessary  by  the  project,  taking  into  account  the commercial, industrial, residential, recreational or other benefits that might  be  derived from the project. In making this determination, as to the impact of the project upon the resources  of  the  park,  the  local government  body  or officer having jurisdiction shall be required under the local land use program to apply the development considerations.  The local  land  use program may expand upon the development considerations, but shall not eliminate any of them. The local land  use  program  shall include  a provision to insure that no class B regional project shall be disapproved except after public hearing thereon.   g. It contains adequate authority and provision for its administration and enforcement, including, at the option of the legislative body of the local government, authority to regulate any  pre-existing  land  use  or development,  or  any  prefiled  subdivision  plat.  The  source of such authority shall be the municipal home rule law or any  other  applicable state  enabling  law.  Notwithstanding any general or special law to the contrary, a local government may provide in its local land use  program, if  such  program  is  approved by the agency, for planning board action without public hearings on subdivision plats of  less  than  five  lots, parcels  or  sites,  provided  that  no such provision may authorize the planning board to disapprove any subdivision plat without  having  first conducted  a  public  hearing,  as  required  by  law.  In addition, the legislative body of a local government may include in its local land use program, if such program is approved by the agency, and  to  the  extent permissible  within  the  proper  exercise  of  the  police  power, such procedures as may be necessary and appropriate for the review of class B regional projects as required in paragraph f of this  subdivision,  and, in  connection  with  the  granting  of  a permit for such projects: (1) authority to require restriction of land against further development  of principal  buildings,  whether by deed restriction, restrictive covenant or other similar appropriate means, to ensure that the overall intensity guidelines as applied in the local land use program shall be  respected; and  (2)  authority,  to  the extent otherwise authorized by law, to impose reasonable requirements and conditions to insure that an approved  class B  regional  project  will  be  adequately  supported  by  services  and improvements made necessary by such project and to insure  that  such  a project  shall  be completed in accordance with the terms and conditions of the approval.   3. The agency  may  separately  review  and  approve,  disapprove,  or approve  subject  to  conditions, significant components of a local land use  program  which  relate  or  pertain  to  the   entire   territorial jurisdiction  of a local government, if proposed by the local government and formally submitted by  its  legislative  body.    The  agency  shall approve  such  components if the agency determines that such criteria of subdivision two of this section  as  shall  be  relevant  to  each  such component  are  met.  Provided,  however,  that  the separately approved components of a local land use program shall not be deemed  an  approved local  land  use program for the purposes of this section, section eight hundred eight or section eight hundred nine of this article, unless  and until  all  of  the  components of the local land use program shall have  been approved pursuant to the terms of this subdivision  or  subdivision four  of  this  section. Each such component shall be reviewed and acted upon in accordance with the  procedures  and  within  the  time  periods specified in subdivision one of this section relative to review of local land use programs.   4.  The  agency may review and approve, disapprove, or approve subject to conditions, an industrial site plan review law or ordinance,  whether or not submitted as a component of a local land use program, if proposed by  a  local  government and formally submitted by its legislative body. The agency shall approve such law or ordinance if the agency  determines that  such  criteria  of  subdivision  two  of  this section as shall be relevant to industrial uses and  to  sawmills,  chipping  mills,  pallet mills  and  similar wood using facilities are met. Such law or ordinance shall provide for the review of such uses and facilities pursuant to the criteria and procedures set forth in paragraph f of subdivision  two  of this  section.  Notwithstanding  any  general  or  special  law  to  the contrary, such law or ordinance shall relate and  pertain  to  not  more than   two  particular  sites  totalling  one  hundred  acres  or  less, identified by the local government after a comprehensive  study  of  the entire  area within its jurisdiction, as appropriate for industrial uses and wood using facilities; provided, however, that no such site shall be located in a resource management area and no such site may be located in a rural use area remote from  existing  hamlet  areas,  or  along  major travel  corridors  where  a  park atmosphere prevails. Upon approval, or approval subject to conditions by the agency, and upon  valid  enactment or  adoption  of such law or ordinance, the authority of the agency over such uses and facilities pursuant to  sections  eight  hundred  six  and eight  hundred  nine  of  this  article  shall  be  vested  in the local government, whether or not such uses are class A regional projects. Such laws or ordinances shall be reviewed and acted upon in  accordance  with the  procedures and within the time periods specified in subdivision one of this section relative to review of local land use  programs.  Section eight  hundred eight of this article shall govern the administration and enforcement of such laws or ordinances.   5. The agency may review and approve, disapprove or approve subject to conditions, a local land use program insofar as it relates  or  pertains to one or more land use areas within the territorial jurisdiction of the local  government  which  in the aggregate is a significant geographical portion of the territorial jurisdiction  of  the  local  government,  if proposed   by  the  local  government  and  formally  submitted  by  its legislative body. The agency shall approve such program  if  the  agency determines  that all criteria of subdivision two of this section are met with respect to such geographical  portion.  If  approved,  or  approved subject  to  conditions  by  the agency, such validly enacted or adopted program, insofar as it pertains to such geographical portion,  shall  be deemed  an  approved  local  land  use  program  with  respect  to  such geographical portion in accordance with the terms and conditions of such approval, for the purposes of this section, section eight hundred  eight and  section  eight hundred nine of this article. Provided, that nothing contained in  this  subdivision  shall  supercede  or  be  construed  in derogation  of  the  provisions  and  requirements  of  the town law and village law otherwise applicable to the valid enactment or  adoption  of such  program.  The program, insofar as it pertains to such geographical portion, shall be  reviewed  and  acted  upon  in  accordance  with  the procedures  and  within the time periods specified in subdivision one of this section relative to review of local land use programs.   6. The agency shall, in its review of local land use programs, consult with appropriate public agencies, and shall provide opportunity for  the  Adirondack park local government review board and the appropriate county and  regional  planning  agencies to review and comment on such programs under review.   7.  The  agency  shall  encourage  and assist local governments in the preparation of local land use programs, including the provision of data, technical assistance and model provisions. Such model  provisions  shall be  made available by the agency as soon as possible after the effective date of the adoption of the land use and development plan.