N.Y. Executive Law § 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.