Committee: RULES
Law Section: Executive Law
Law Section: Executive Law
S3367B Summary
Defines "community housing" for purposes of the Adirondack Park to mean four dwelling units not exceeding 1500 square feet of floor space each, located on one contiguous parcel within a moderate intensity use or low intensity use land use area, and meeting certain other defined land use criteria.S3367B Actions
S3367B - AMEND AND RECOMMIT TO RULES - Jun 22, 2010S3367B - PRINT NUMBER 3367B - Jun 22, 2010
S3367A - REPORTED AND COMMITTED TO RULES - Jun 15, 2010
S3367A - REFERRED TO FINANCE - Jan 6, 2010
S3367A - AMEND AND RECOMMIT TO FINANCE - Jun 15, 2009
S3367A - PRINT NUMBER 3367A - Jun 15, 2009
S3367 - REFERRED TO FINANCE - Mar 17, 2009
S3367B Memo
BILL NUMBER:S3367B
TITLE OF BILL: An act to amend the executive law, in relation to community housing in the Adirondack park PURPOSE:
The purpose of this bill is to encourage community housing projects through special treatment under the intensity guidelines for development under the Adirondack Park Agency Act (APA Act); codified in Executive Law (EL) Article 27, in the vicinity of existing hamlet areas within the Park.
SUMMARY OF PROVISIONS:
Section 1 of this bill would amend EL ? 802 to add a new subdivision 17-a to define community housing as dwelling units: * not exceeding 1,500 square feet of floor space, excluding the garage; located on one contiguous parcel; * located within a moderate intensity use or low intensity use land area * located within 3 miles of a hamlet land use area or located within 1 mile of the specified post offices, and not closer than one-tenth of a mile of a water body; and * limited in perpetuity to primary single family residences for persons with 120% or less of the median family income for the county.
Section 2 of this bill would amend the definition of "principle build ing" set forth in EL ? 802(50), to renumber paragraphs (h) and (i) as (i) and (j), respectively, and add a new paragraph (h). The new 802(50) (h) Would include up to 4 dwelling units of community housing, located on a parcel meeting the overall intensity guidelines for one principle building, within the definition of "principle building" to provide special treatment under the APA Act's overall intensity guide lines for new community housing.
Section 3 of the bill would renumber existing EL ? 810(1) (b) (17) as EL ? 810(1)(b)(18), and add a new EL ? 810(1) (b) (17) to add "community housing projects" to the class A regional project list for moderate intensity use areas, thereby requiring that all such projects obtain an Adirondack Park Agency permit.
Section 4 of the bill would renumber existing EL ? 810(1) (c) (19) as EL ? 810(1) (c) (20), and add a new EL ? 810(1) (c) (19) to add "community housing projects" to the class A regional project list for low intensity use areas, thereby requiring that all such projects obtain an Adiron dack. Park Agency permit.
Section 5 of the bill provides that the bill would take effect imme diately and apply to applications received after such effective date.
EXISTING LAW: EL ? 802(50) defines a "principal building," the foundation for the calculation of! intensity for application of the APA Act's overall intensity guidelines, which in turn governs building potential for new development within the Adirondack Park. Present law generally equates one dwelling unit to one principal building, with an exception for farm housing. It also equates different quantities. and configurations of structures for tourist accommodations and commercial and industrial structures. Present law makes no special provision for "community hous ing."
LEGISLATIVE HISTORY: This is a new bill.
STATEMENT IN SUPPORT: In order to implement "smart growth" principles and provide for more affordable housing in the Adirondack Park, this bill modifies the defi nition of "principal building" to allow up to four units to qualify as one principal building under the APA Act if certain conditions are met which are intended to preserve the integrity of the larger APA Act purposes, policies and objectives. This limited change to the intensity rule would increase flexibility and reduce site costs for qualified housing and homeowners in Adirondack communities that undertake appropriate comprehensive plan elements and where the lack of adequate housing is becoming an acute problem. Commu nity housing projects would require an Adirondack Park Agency permit.
BUDGET IMPLICATIONS: This bill would have no significant fiscal implications to the State because it is not expected to materially increase the agency's workload.
EFFECTIVE DATE: The bill provides for an immediate effective date and would apply to applications received after such date.
S3367B Text
S T A T E O F N E W Y O R K3367--B
2009-2010 Regular Sessions I N SENATE March 17, 2009
Introduced by Sen. KRUGER -- (at request of the Adirondack Park Agency) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee - recommitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to community housing in the Adirondack park
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1.
Section 802 of the executive law is amended by adding a new subdivision 17-a to read as follows:
17-A. "COMMUNITY HOUSING" MEANS DWELLING UNITS (I) NOT EXCEEDING ONE THOUSAND FIVE HUNDRED SQUARE FEET OF FLOOR SPACE EACH (EXCLUDING THE FIRST FLOOR OF A GARAGE), (II) LOCATED ON ONE CONTIGUOUS PARCEL, (III) LOCATED WITHIN A MODERATE INTENSITY USE OR LOW INTENSITY USE LAND USE AREA, (IV) LOCATED WITHIN THREE MILES OF A HAMLET LAND USE AREA AND NOT CLOSER THAN ONE-TENTH MILE OF A SHORELINE OF A LAKE, POND OR NAVIGABLE RIVER OR STREAM, OR LOCATED WITHIN ONE MILE OF THE LOCATION OF THE FOLLOWING POST OFFICES ON THE ENACTMENT DATE OF THIS SUBDIVISION AND NOT CLOSER THAN ONE-TENTH MILE OF A SHORELINE OF A LAKE, POND OR NAVIGABLE RIVER OR STREAM: ATHOL, NY 12810; BRANTINGHAM, NY 13312; GABRIELS, NY 12939; HOFFMEISTER, NY 13353; HULETT'S LANDING, NY 12841; KATTSKILL BAY, NY 12844; PAUL SMITHS, NY 12970; PISECO, NY 12139; SABAEL, NY 12864; WANAKENA, NY 13695; WHITE LAKE, NY 12786; AND (V) LIMITED IN PERPETUITY BY DEED OR OTHER LEGAL INSTRUMENT ENFORCEABLE BY A THIRD PARTY AND THE STATE OF NEW YORK TO PRIMARY SINGLE FAMILY RESIDENCES FOR PERSONS WITH ONE HUNDRED TWENTY PER CENTUM OR LESS OF THE MEDIAN FAMILY INCOME FOR THE COUNTY IN WHICH SUCH PROJECT IS LOCATED; PROVIDED HOWEVER, THAT EACH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07067-09-0
S. 3367--B 2 DWELLING UNIT SHALL CONSTITUTE A SEPARATE LOT, PARCEL OR SITE FOR PURPOSES OF AGENCY JURISDICTION.
S 2. Paragraphs h and i of subdivision 50 of section 802 of the execu tive law are relettered paragraphs i and j and a new paragraph h is added to read as follows:
H. UP TO FOUR DWELLING UNITS WHICH QUALIFY AS COMMUNITY HOUSING PURSU ANT TO SUBDIVISION SEVENTEEN-A OF THIS SECTION AND LOCATED ON A CONTIG UOUS PARCEL MEETING THE OVERALL INTENSITY GUIDELINES FOR ONE PRINCIPAL BUILDING; PROVIDED HOWEVER, THAT EACH DWELLING UNIT SHALL CONSTITUTE A SEPARATE LOT, PARCEL OR SITE FOR PURPOSES OF AGENCY JURISDICTION.
S 3. Subparagraph 17 of paragraph b of subdivision 1 of section 810 of the executive law is renumbered subparagraph 18 and a new subparagraph 17 is added to read as follows:
(17) COMMUNITY HOUSING PROJECTS AS DEFINED IN SUBDIVISION SEVENTEEN-A OF SECTION EIGHT HUNDRED TWO OF THIS ARTICLE.
S 4. Subparagraph 19 of paragraph c of subdivision 1 of section 810 of the executive law is renumbered subparagraph 20 and a new subparagraph 19 is added to read as follows:
(19) COMMUNITY HOUSING PROJECTS AS DEFINED IN SUBDIVISION SEVENTEEN-A OF SECTION EIGHT HUNDRED TWO OF THIS ARTICLE.
S 5. This act shall take effect immediately and shall apply to appli cations received after such date.
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