N.Y. Executive Law § 808: Administration and enforcement of approved local land use programs

§ 808. Administration and enforcement of approved local land use

programs. 1. Local land use programs that have been approved by the

agency and validly enacted or adopted shall be administered and enforced

as provided for in such approved programs.

2. Upon receipt of an application to undertake any class B regional

project that is permissible under an approved local land use program,

the local government body or officer having jurisdiction thereof shall

give written notice thereof to the agency, together with such pertinent

information as the agency may deem necessary. The agency shall have

standing to participate as a party in the local review of such project,

including any public hearing thereon, and to have the issuance of a

permit therefor by such body or officer reviewed under article

seventy-eight of the civil practice law and rules and to bring

proceedings in any court of competent jurisdiction to have any

undertaking pursuant to such permit restrained, enjoined, corrected or

abated.

3. Upon receipt of an application for a variance from any provision of

an approved local land use program involving land in any land use area

other than a hamlet, including any shoreline restriction, the local

government body or officer having jurisdiction thereof shall give

written notice thereof to the agency together with such pertinent

information as the agency may deem necessary. If such variance is

granted, it shall not take effect for thirty days after the granting

thereof. If, within such thirty day period, the agency determines that

such variance involves the provisions of the land use and development

plan as approved in the local land use program including any shoreline

restriction and was not based upon the appropriate statutory basis of

practical difficulties or unnecessary hardships, the agency may reverse

the local determination to permit the variance. If the agency so acts,

the appropriate local government officer or body, as well as any other

person aggrieved by such action, shall have standing to have such action

reviewed under article seventy-eight of the civil practice law and

rules.

4. The agency, after consultation with the Adirondack park local

government review board, shall have standing to institute a proceeding

in any court of competent jurisdiction to revoke its approval of a local

land use program and reassert its review jurisdiction over class B

regional projects under section eight hundred nine whenever the agency

determines by a two-thirds affirmative vote of its members that the

local government body or officer having jurisdiction has repeatedly or

frequently failed or refused, after due notice and requests from the

agency, and with such body or officer having had full opportunity to be

heard on all issues involved, to administer or enforce the approved

local land use program to adequately carry out the policies, purposes

and objectives of the approved program or of the land use and

development plan. Not earlier than one year after any such successful

reassertion by the agency, or such earlier time as may be mutually

agreed to, the legislative body of the local government involved may

submit its local land use program, or any amended version thereof, or a

newly proposed program to the agency for approval as provided for in

section eight hundred seven for the initial approval of a local land use

program.

5. The agency shall be a party who shall be joined, pursuant to the

terms of subdivision a of section one thousand one of the civil practice

law and rules, in any action initiated by or against a local government,

or an instrumentality, agent or employee thereof, in which the issues to

be adjudicated relate or pertain to the criteria for approval of a local

land use program set forth in subdivision two of section eight hundred

seven of this article. In any other action initiated by or against a

local government, or an instrumentality, agent or employee thereof,

joinder of the agency shall be governed by the terms of section one

thousand two of the civil practice law and rules.

6. In any action where the agency is a party pursuant to the first

sentence of subdivision five of this section, the attorney general

shall, at the request of the local government and without cost to local

government, also represent the local government as to those issues which

are common to both the agency and the local government, and as to which

both seek the same or substantially similar determination.