N.Y. Comp. Codes R. & Regs. tit. 9 § 572.20

Current through Register Vol. 46, No. 25, June 18, 2024

Section 572.20 - Renewal of permits

(a) A permit for a project which is not in existence within the period specified in the permit shall expire and be void at the end of such specified period unless renewed by the agency pursuant to section 809(8)(b) of the Adirondack Park Agency Act and this section.

(b) A request for permit renewal shall be made prior to expiration of the permit. Any request thereafter shall be treated as an application for a new permit.

(c) A timely renewal request shall be reviewed as follows:

(1) The deputy director-regulatory programs may issue a renewed permit for one additional period (not in excess of the length of the original period specified in the permit) in the case of renewal requests which do not involve a material change in the project proposal, applicable law or environmental conditions or technology.

(2) Renewal requests which may involve such a material change shall be treated as an application for a new permit.

(3) Requests for renewal of permits which have previously been renewed shall be referred to the regulatory programs committee for initial review pursuant to section 572.12 of these regulations. In such a case, the agency may, following committee review, renew the permit, renew the permit with modifications, notify the project sponsor of its intent to hold a public hearing on the request, or deny the request without prejudice to submission of an application for a new permit.

(d)

(1) For the purpose of determining if a project (except a subdivision) was in existence within the period stipulated in the permit the agency will consider, among other factors occurring within the period, the nature, extent and cost of structures and improvements completed or commenced and necessary to the new land use and development authorized by the permit.

(2) For the purpose of determining if a subdivision (or portion thereof) was in existence within the period stipulated in the permit, the agency will consider, among other factors occurring within the period:

(i) the location and number of lots sold relative to the total number of lots in the subdivision;

(ii) the location, nature, extent and cost of necessary structures and improvements completed or commenced relative to all other necessary structures and improvements related to the subdivision; and

(iii) demonstrated efforts to sell lots.

(3) Every project permit issued or renewed by the agency shall recite the provisions of paragraph (1) or (2) of this subdivision, as applicable.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 572.20