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.
TITLE OF BILL:
An act to amend the executive law, in relation to community housing in the Adirondack park
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] 7-a to define community housing as dwelling units:
o not exceeding 1,500 square feet of floor space, excluding the garage; o located on one contiguous parcel; o located within a moderate intensity use or low intensity use land area; o 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 o 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 building" 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 guidelines 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" 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" to the class A regional project list for low intensity use areas, thereby requiring that all such projects obtain an Adirondack Park Agency permit.
Section 5 of the bill provides that the bill would take effect immediately and apply to applications received after such effective date.
EL § 802(50) defines a "principal building," the foundation for the calculation of development intensity for application of the APA Act's overall intensity guidelines which, in turn, govern 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. However, present law makes no special provision for "community housing."
This bill was submitted as 2009 Departmental Bill 33 and was introduced that year in the Senate as S.3367 and amended (S.3367-A). In 2010, the bill was again amended in the Senate (S.3367-B) and reported to Rules. Last year, the bill was introduced in the Assembly as A.11464 and reported to Rules.
STATEMENT IN SUPPORT:
In order to implement "smart growth" principles and provide for more affordable housing in the Adirondack Park, this bill would modify the definition 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. Community housing projects would require an Adirondack Park Agency permit.
This bill would have not have an impact on the State budget.
The bill provides for an immediate effective date and would apply to applications received after such date.
STATE OF NEW YORK ________________________________________________________________________ 4165--A Cal. No. 1103 2011-2012 Regular Sessions IN SENATE March 22, 2011 ___________Introduced by Sen. LITTLE -- (at request of the Adirondack Park Agency) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report, and to be reprinted as amended, retaining its place in the order of second report 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 A DWELLING UNIT (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 DWELLINGS FOR PERSONS WITH ONE HUNDRED TWENTY PER CENTUM OR LESS OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AS DEFINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE COUNTY IN WHICH SUCH PROJECT IS LOCATED; PROVIDED HOWEVER, THAT EACH DWELLING UNIT SHALL CONSTITUTE AEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09472-03-1 S. 4165--A 2
SEPARATE LOT, PARCEL OR SITE FOR PURPOSES OF AGENCY JURISDICTION PURSU- ANT TO SUBPARAGRAPH ONE OF PARAGRAPH (B) AND SUBPARAGRAPH ONE OF PARA- GRAPH (A) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED TEN OF THIS ARTI- CLE. 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 COMMUNITY HOUSING DWELLING UNITS WHICH QUALIFY PURSUANT TO SUBDIVISION SEVENTEEN-A OF THIS SECTION AND ARE LOCATED ON A CONTIG- UOUS PARCEL MEETING THE OVERALL INTENSITY GUIDELINES CONSTITUTE ONE PRINCIPAL BUILDING; 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 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 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.