N.Y. Executive Law § 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.