New York Executive Code § 807

Local land use programs
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§ 807. Local land use programs. 1. The agency is authorized to review\nand approve any local land use program proposed by a local government\nand formally submitted by the legislative body of the local government\nto the agency for approval. Within a period of ninety days after such\nsubmission, or such longer period as may be agreed upon in writing by\nthe agency and the local government, the agency shall review the local\nland use program and approve or disapprove it, or approve it subject to\nconditions. The agency shall approve the local land use program if the\nagency determines that such program meets all of the criteria set forth\nin subdivision two. If the agency fails to take final action on the\nlocal land use program within such ninety-day or longer period agreed\nupon by the agency and local government, the local land use program\nshall be deemed approved by the agency and the agency shall, upon the\nrequest of the legislative body of the local government, issue a\ncertification to such effect to such chief elected official. Amendments\nto an approved local land use program that do not relate or pertain to\nthe criteria for approval of a local land use program set forth in\nsubdivision two of section eight hundred seven shall not be subject to\napproval by the agency. All amendments to an approved local land use\nprogram that do relate to such criteria shall be subject to approval by\nthe agency as set forth in subdivision two of section eight hundred\nseven for approval of an initial local land use program.\n  2. The agency shall approve a local land use program if the agency\ndetermines that such program meets all of the following criteria: a. It\nis in furtherance and supportive of the land use and development plan.\n  b. It is compatible with the character descriptions and purposes,\npolicies and objectives of the land use areas, and, in regard to its\nmap, compatible with the plan map.\n  c. It reasonably applies the overall intensity guidelines for the land\nuse areas in the light of the particular needs and conditions of the\nlocal government.  In applying the overall intensity guideline for a\ngiven land use area, the local land use program may provide for both\ngreater and lesser intensity of development within such area provided\nthat the overall intensity shall not exceed such guideline. In no event,\nhowever, shall bodies of water, such as lakes or ponds, located in a\nland use area be taken into account in the application of the overall\nintensity guideline for such area. The local land use program may\ndisregard principal buildings in existence on August one, nineteen\nhundred seventy-three in applying the overall intensity guidelines for a\nland use area.  If it does so, the land directly related to such\nprincipal buildings shall not be used in the computation of the total\nland area available for new principal buildings. The local land use\nprogram may be more restrictive than the overall intensity guidelines.\n  d. It reasonably applies the classification of compatible uses lists\nin the light of the needs and conditions of the local government.\nAccordingly, the local land use program may include uses not on these\nlists or exclude those that are on them, reclassify those classified on\nsuch lists as primary uses to secondary uses and those classified on\nsuch lists as secondary uses to primary uses, or prohibit any of the\nuses on such lists.\n  e. It incorporates at a minimum the shoreline restrictions as they\nrelate to any shoreline within the local government. As an alternative\nto minimum lot sizes on shorelines, the optional shoreline clustering\nprovisions contained in subdivision five of section eight hundred six\nmay be employed in regard to all or specified portions of a shoreline in\nsingle ownerships or in situations involving a group of two or more\nowners acting in concert.\n  f. It requires review of class B regional projects and provides that\nany such project shall not be approv

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