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S 800. Short title. This article shall be known as the "Adirondack
Park Agency Act."
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S 801. Statement of legislative findings and purposes. The
Adirondack park is abundant in natural resources and open space unique
to New York and the eastern United States. The wild forest, water,
wildlife and aesthetic resources of the park, and its open space
character, provide an outdoor recreational experience of national and
international significance. Growing population, advancing technology
and an expanding economy are focusing ever-increasing pressures on
these priceless resources.
Our forefathers saw fit nearly a century ago to provide rigid
constitutional safeguards for the public lands in the Adirondack park.
Today forest preserve lands constitute approximately forty percent of
the six million acres of land in the park. The people of the state of
New York have consistently reiterated their support for this
time-honored institution.
Continuing public concern, coupled with the vast acreages of forest
preserve holdings, clearly establishes a substantial state interest in
the preservation and development of the park area. The state of New
York has an obligation to insure that contemporary and projected
future pressures on the park resources are provided for within a land
use control framework which recognizes not only matters of local
concern but also those of regional and state concern.
In the past the Adirondack environment has been enhanced by the
intermingling of public and private land. A unique pattern of private
land use has developed which has not only complemented the forest
preserve holdings but also has provided an outlet for development of
supporting facilities necessary to the proper use and enjoyment of the
unique wild forest atmosphere of the park. This fruitful relationship
is now jeopardized by the threat of unregulated development on such
private lands. Local governments in the Adirondack park find it
increasingly difficult to cope with the unrelenting pressures for
development being brought to bear on the area, and to exercise their
discretionary powers to create an effective land use and development
control framework.
The basic purpose of this article is to insure optimum overall
conservation, protection, preservation, development and use of the
unique scenic, aesthetic, wildlife, recreational, open space,
historic, ecological and natural resources of the Adirondack park.
A further purpose of this article is to focus the responsibility for
developing long-range park policy in a forum reflecting statewide
concern. This policy shall recognize the major state interest in the
conservation, use and development of the park`s resources and the
preservation of its open space character, and at the same time,
provide a continuing role for local government.
The Adirondack park land use and development plan set forth in this
article recognizes the complementary needs of all the people of the
state for the preservation of the park`s resources and open space
character and of the park`s permanent, seasonal and transient
populations for growth and service areas, employment, and a strong
economic base, as well. In support of the essential interdependence of
these needs, the plan represents a sensibly balanced apportionment of
land to each. Adoption of the land use and development plan and
authorization for its administration and enforcement will complement
and assist in the administration of the Adirondack park master plan
for management of state land. Together, they are essential to the
achievement of the policies and purposes of this article and will
benefit all of the people of the state.
Accordingly, it is the further purpose of this article to adopt and
implement the land use and development plan and to provide for the
plan`s maintenance, administration and enforcement in a continuing
planning process that recognizes matters of local concern and those of
regional and state concern, provides appropriate regulatory
responsibilities for the agency and the local governments of the park
and seeks to achieve sound local land use planning throughout the
park.
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S 802. Definitions. As used in this article, unless the context
otherwise requires, the following words and terms shall have the
meaning ascribed to them.
1. "Adirondack park" or "park" means land lying within the area
described in subdivision one of section 9-0101 of the environmental
conservation law including any future amendments thereto.
2. "Adirondack park local government review board" or "review board"
means the board established in section eight hundred three-a.
3. "Agency" means the Adirondack park agency created by section
eight hundred three of this article.
4. "Accessory use" means any use of a structure, lot or portion
thereof that is customarily incidental and subordinate to and does not
change the character of a principal land use or development, including
in the case of residential structures, professional, commercial and
artisan activities carried on by the residents of such structures.
5. "Accessory structure" means any structure or a portion of a main
structure customarily incidental and subordinate to a principal land
use or development and that customarily accompanies or is associated
with such principal land use or development, including a guest cottage
not for rent or hire that is incidental and subordinate to and
associated with a single family dwelling.
6. "Agricultural service use" means any milk processing plant, feed
storage supply facility, farm machinery or equipment sales and service
facility; storage and processing facility for fruits, vegetables and
other agricultural products or similar use directly and customarily
related to the supply and service of an agricultural use.
7. "Agricultural use" means any management of any land for
agriculture; raising of cows, horses, pigs, poultry and other
livestock; horticulture or orchards; including the sale of products
grown or raised directly on such land, and including the construction,
alteration or maintenance of fences, agricultural roads, agricultural
drainage systems and farm ponds.
8. "Agricultural use structure" means any barn, stable, shed, silo,
garage, fruit and vegetable stand or other building or structure
directly and customarily associated with agricultural use.
9. "Approved local land use program" means any local land use
program approved by the agency under section eight hundred seven.
10. "Campground" means any area designed for transient occupancy by
camping in tents, camp trailers, travel trailers, motor homes or
similar facility designed for temporary shelter.
11. "Character description, policies, purposes and objectives of a
land use area" means those land use are character descriptions,
policies, purposes and objectives of the land use and development plan
contained in subdivision three of section eight hundred five.
12. "Chief elected officer" means in the case of a city, the mayor
thereof; in the case of a town, the supervisor thereof; and in the
case of a village, the mayor thereof.
13. "Class A regional project" and "class B regional project" means
the land use and development and subdivisions of land listed and so
characterized in section eight hundred ten.
14. "Classification of compatible uses lists" means the land use and
development plan`s lists of primary uses and secondary uses for the
land use area contained in subdivision three of section eight hundred
five.
15. "Clearcutting" means any cutting of all or substantially all
trees over six inches in diameter at breast height over any ten-year
cutting cycle.
16. "Commercial sand and gravel extraction" means any extraction
from the land of more than fifty cubic yards in any two year period of
sand, gravel or topsoil (1) for the purpose of sale or use by persons
other than the owner of the land or (2) for the purpose of use by any
municipality.
17. "Commercial use" means any use involving the sale or rental or
distribution of goods, services or commodities, either retail or
wholesale, or the provision of recreation facilities or activities for
a fee other than any such uses specifically listed on any of the
classification of compatible uses lists.
18. "Development considerations" means the development
considerations of the land use and development plan contained in
subdivision four of section eight hundred five.
19. "Existing land use or development" or "existing use" means any
land use or development in existence at any given time.
20. "Existing subdivision of land" or "existing subdivision" means
any subdivision in existence at any given time.
21. "Forestry use" means any management, including logging, of a
forest, woodland or plantation and related research and educational
activities, including the construction, alteration or maintenance of
woodroads, skidways, landings, fences and forest drainage systems.
22. "Forestry use structure" means any barn, shed, garage, research,
educational or administrative building or cabin directly and
customarily associated with forestry use.
23. "Group camp" means any land or facility for seasonal housing and
recreational, educational or business related use by private groups or
semi-public groups, such as a boy scout camp, fraternal lodge or
university or college conference center.
24. "Industrial use" means any manufacturing, production or assembly
of goods or material, including any on site waste disposal area
directly associated with an industrial use. This term does not include
mineral extractions, private and commercial sand and gravel
extractions, sawmills, chipping mills, pallet mills and similar wood
using facilities.
25. "In existence" means (a) with respect to any land use or
development, including any structure, that such use or development has
been substantially commenced or completed, and (b) with respect to any
subdivision or portion of a subdivision, that such subdivision or
portion has been substantially commenced and that substantial
expenditures have been made for structures or improvements directly
related thereto.
26. "Junkyard" means any open lot or area for the dismantling,
storage or sale, as parts, scrap or salvage, of used or wrecked motor
vehicles, machinery, scrap metals, waste papers, rags, used or
salvaged building materials or other discarded material.
27. "Land" means the earth, on or below the surface of the ground,
including water and air above, the flora and fauna.
28. "Land use or development" or "use" means any construction or
other activity which materially changes the use or appearance of land
or a structure or the intensity of the use of land or a structure.
Land use and development shall not include any landscaping or grading
which is not intended to be used in connection with another land use,
or ordinary repairs or maintenance or interior alterations to existing
structures or uses.
29. "Land use and development plan" or "plan" means the Adirondack
park land use and development plan prepared by the Adirondack park
agency as directed by law, approved by the agency on March three,
nineteen hundred seventy-three, adopted in subdivision one of section
eight hundred five, including the plan map, and any amendments
thereto, the provisions of the plan as contained in subdivisions three
and four of section eight hundred five and sometimes referred to as
the "provisions of the plan", and any amendments thereto, and the
shoreline restrictions contained in section eight hundred six, and any
amendments thereto.
30. "Land use areas" means the six types of land use areas of the
land use and development plan delineated on the plan map and provided
for in subdivision three of section eight hundred five.
31. "Local government" means any city, town or village whose
boundaries lie wholly or partly within the Adirondack park, except
that such term shall not include in the case of a town that portion
thereof within any incorporated village.
32. "Local land use program" means any comprehensive land use and
development planning and control program undertaken by a local
government that includes local land use controls, such as zoning and
subdivision regulations and a sanitary code, and governs land use and
development and subdivision of land within the entire jurisdiction of
the local government.
33. "Major public utility use" means any electric power transmission
or distribution line and associated equipment of a rating of more than
fifteen kilovolts which is one mile or more in length; any telephone
inter-exchange or trunk cable or feeder cable which is one mile or
more in length; any telephone distribution facility containing
twenty-five or more pairs of wire and designed to provide initial
telephone service for new structures; any television, cable
television, radio, telephone or other communication transmission
tower; any pipe or conduit or other appurtenance used for the
transmission of gas, oil or other fuel which is one mile or more in
length; any electric substation, generating facility or maintenance
building and any water or sewage pipes or conduits, including any
water storage tanks, designed to service fifty or more principal
buildings. Any use which is subject to the jurisdiction of the public
service commission pursuant to article seven or article eight of the
public service law or other prior approval by the public service
commission under the provisions of the public service law is not a
major public utility use or a use for the purposes of this article
except for the shoreline restrictions in which case the bodies having
jurisdiction over such uses under such article or other provisions
shall have the authority of the agency or a local government under
this article.
34. "Master plan for management of state lands" means the master
plan for management of state lands referred to in section eight
hundred sixteen.
35. "Mineral extraction" means any extraction, other than specimens
or samples, from the land of stone, coal, salt, ore, talc, granite,
petroleum products or other materials, except for commercial sand,
gravel or topsoil extractions; including the construction, alteration
or maintenance of mine roads, mine tailing piles or dumps and mine
drainage.
36. "Mineral extraction structure" means any mine hoist; ore
reduction, concentrating, sintering or similar facilities and
equipment; administrative buildings; garages or other main buildings
or structures.
37. "Mobile home" means any self-contained dwelling unit that is
designed to be transported on its own wheels or those of another
vehicle, may contain the same water supply, sewage disposal and
electric system as immobile housing and is used for either permanent
or seasonal occupancy. A dwelling unit that is constructed in sections
and transported to and assembled on the site is not considered a
mobile home.
37-a. "Mean high water mark" means the average annual high water
level.
38. "Mobile home court" means a parcel of land under single
ownership which is designed and improved for the placement of two or
more mobile homes upon units thereof.
39. "Multiple family dwelling" means any apartment, town house,
condominium or similar building, including the conversion of an
existing single family dwelling, designed for occupancy in separate
dwelling units therein by more than one family.
40. "Municipality" means any municipal corporation, district
corporation or public benefit corporation as such terms are defined in
section three of the general corporation law, and any agency or
instrumentality of the foregoing, except that the term public benefit
corporation shall not include any such corporation any member of which
is appointed by the governor.
41. "New land use or development" or "new land use" means any land
use or development that is not a preexisting use.
42. "New subdivision of land" or "new subdivision" means any
subdivision of land that is not a preexisting subdivision.
43. "Official Adirondack park land use and development plan map" or
"plan map" means the map portion of the land use and development plan
on file at the headquarters of the Adirondack park agency as required
in subdivision one of section eight hundred five.
44. "Open space recreation use" means any recreation use
particularly oriented to and utilizing the outdoor character of an
area; including a snowmobile, trail bike, jeep or all-terrain vehicle
trail; cross-country ski trail; hiking and backpacking trail; bicycle
trail; horse trail; playground, picnic area, public park, public beach
or similar use.
45. "Optional shoreline clustering provisions" means those
provisions set forth as an alternative to the shoreline restrictions
in section eight hundred six.
46. "Overall intensity guidelines" means the overall intensity
guidelines for development for the various land use areas of the land
use and development plan as contained in subdivision three of section
eight hundred five.
47. "Person" means any individual, corporation, partnership,
association, trustee, municipality or other legal entity, but shall
not include the state or any state agency.
48. "Preexisting land use or development" or "preexisting use" means
any land use or development, including any structure, lawfully in
existence prior to August one, nineteen hundred seventy-three,
provided, however, that with respect to any land use or development
exempt from the agency`s interim project review powers under
subdivision thirteen of section eight hundred fifteen until June one,
nineteen hundred seventy-three, such date shall be substituted herein
for August one, nineteen hundred seventy-three. For the purposes
hereof, "lawfully" means in full compliance with all applicable laws,
rules and regulations, including, without limitation, possession of
and compliance with any permit or other approval required under the
public health law, the environmental conservation law, any local or
other governmental regulation.
49. "Preexisting subdivision of land" or "preexisting subdivision"
means any subdivision or portion of a subdivision lawfully in
existence prior to August one, nineteen hundred seventy-three,
provided, however, that with respect to any subdivision or portion of
a subdivision exempt from the agency`s interim project review powers
under subdivision thirteen of section eight hundred fifteen until June
one, nineteen hundred seventy-three, such date shall be substituted
herein for August one, nineteen hundred seventy-three. For the
purposes hereof, "lawfully" means in full compliance with all
applicable laws, rules and regulations, including, without limitation,
possession of and compliance with any permit or other approval
required under the public health law, the environmental conservation
law, any local or other governmental regulation.
50. "Principal building" means any one of the following:
a. a single family dwelling constitutes one principal building;
b. a mobile home constitutes one principal building;
c. a tourist cabin or similar structure for rent or hire involving
three hundred square feet or more of floor space constitutes one
principal building;
d. each dwelling unit of a multiple family dwelling constitutes one
principal building;
e. each motel unit, hotel unit or similar tourist accommodation unit
which is attached to a similar unit by a party wall, each
accommodation unit of a tourist home or similar structure, and each
tourist cabin or similar structure for rent or hire involving less
than three hundred feet of floor space, constitutes one-tenth of a
principal building;
f. each commercial use structure and each industrial use structure
in excess of three hundred square feet constitutes one principal
building, except that for a commercial use structure which involves
the retail sale or rental or distribution of goods, services or
commodities, each eleven thousand square feet of floor space, or
portion thereof, of such commercial use structures constitutes one
principal building;
g. all agricultural use structures and single family dwellings or
mobile homes occupied by a farmer of land in agricultural use, his
employees engaged in such use and members of their respective
immediate families, will together constitute and count as a single
principal building;
h. any other structure which exceeds twelve hundred fifty feet of
floor space constitutes one principal building;
i. a structure containing a commercial use which is also used as a
single family dwelling constitutes one principal building.
An accessory structure does not constitute a principal building.
51. "Private sand, gravel or topsoil extraction" means any
extraction from the land of sand, gravel or topsoil for the purpose of
use, but not sale, by the owner of the land or any extraction for the
purpose of sale of less than fifty cubic yards in any two year period.
52. "Project" means any new land use and development or subdivision
of land that is subject to the review jurisdiction of either the
agency or local government under this article.
53. "Project sponsor" means any person making application to the
agency, or a local government for the review of a project.
54. "Public or semi-public building" means any component building of
a college, school, hospital, animal hospital, library, place of
worship, museum, research center, rehabilitation center or similar
facility, or a municipal building.
55. "Public utility use" means any public utility use, equipment or
structure which is not a "major public utility use." A public utility
use does not include any use which is subject to the jurisdiction of
the public service commission pursuant to article seven or article
eight of the public service law.
56. "Shoreline" means that line at which land adjoins the waters of
lakes, ponds, rivers and streams within the Adirondack park at mean
high water.
57. "Shoreline restrictions" means those restrictions upon land use
and development or subdivisions of land as contained in section eight
hundred six.
58. "Single family dwelling" means any detached building containing
one dwelling unit, not including a mobile home.
59. "Ski center" means any trail or slope for alpine skiing;
including lifts, terminals, base lodges, warming huts, sheds, garages
and maintenance facilities, parking lots and other buildings and
structures directly and customarily related thereto.
60. "State" means the state of New York.
61. "State agency" means any department, bureau, commission, board
or other agency of the state, including any public benefit corporation
any member of which is appointed by the governor.
62. "Structure" means any object constructed, installed or placed on
land to facilitate land use and development or subdivision of land,
such as buildings, sheds, single family dwellings, mobile homes,
signs, tanks, fences and poles and any fixtures, additions and
alterations thereto.
63. "Subdivision of land" or "subdivision" means any division of
land into two or more lots, parcels or sites, whether adjoining or
not, for the purpose of sale, lease, license or any form of separate
ownership or occupancy (including any grading, road construction,
installation of utilities or other improvements or any other land use
and development preparatory or incidental to any such division) by any
person or by any other person controlled by, under common control with
or controlling such person or by any group of persons acting in
concert as part of a common scheme or plan. Subdivision of land shall
include any map, plat or other plan of the division of land, whether
or not previously filed. Subdivision of land shall not include the
lease of land for hunting and fishing and other open space recreation
uses.
64. "Tourist accommodation" means any hotel, motel, resort, tourist
cabin or similar facility designed to house the general public.
65. "Tourist attraction" means any man-made or natural place of
interest open to the general public and for which an admittance fee is
usually charged, including but not limited to animal farms, amusement
parks, replicas of real or fictional places, things or people and
natural geological formations.
66. "Waste disposal area" means any area for the disposal of
garbage, refuse and other wastes, including sanitary landfills and
dumps, other than an on-site disposal area directly associated with an
industrial use.
67. "Watershed management or flood control project" means any dam,
impoundment, dike, rip rap or other structure or channelization or
dredging activity designed to alter or regulate the natural flow or
condition of rivers or streams or the natural level or condition of
lakes or ponds. Any such project for which a permit or approval is
required prior to commencement from the department of environmental
conservation is not a watershed management or flood control project or
a use for the purposes of this article.
68. "Wetlands" means any land which is annually subject to periodic
or continual inundation by water and commonly referred to as a bog,
swamp or marsh which are either (a) one acre or more in size or (b)
located adjacent to a body of water, including a permanent stream,
with which there is free interchange of water at the surface, in which
case there is no size limitation.
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S 803. Adirondack park agency. There is hereby created in the
executive department, the Adirondack park agency, which shall consist
of the following members: the commissioner of environmental
conservation, the secretary of state, the commissioner of commerce and
eight members to be appointed by the governor by and with the advice
and consent of the senate. The governor shall designate a chairman
from among the members appointed to the agency, who shall serve at the
governor`s pleasure. None of the members appointed by the governor
shall be officers or employees of any state department or agency.
Five members appointed by the governor shall be full-time residents
within the Adirondack park provided, however, that no two such members
shall be residents of the same county except for such members
initially appointed before January first, nineteen hundred
seventy-three, who may be reappointed for additional successive terms.
Three members appointed by the governor shall be residents of the
state outside the Adirondack park. Not more than five appointed
members shall be of the same political party.
All appointments shall be made for terms of four years; provided
that the first member appointed by the governor pursuant to the
increase of members from seven to eight shall be appointed for a term
expiring on the thirtieth day of June, nineteen hundred seventy-six.
Each of such appointed members of the agency shall hold office for the
term for which he was appointed and until his successor shall have
been appointed and qualified or until he shall resign or be removed in
the manner provided by law. In the case of any vacancy other than one
arising by expiration of term, an appointment to fill the vacancy
shall be made for the remainder of the unexpired term. The designated
chairman shall receive an annual salary of thirty thousand dollars.
The other members of the agency, except those who serve ex officio,
shall receive one hundred dollars per diem, not to exceed five
thousand dollars per annum compensation for their services as members
of the agency. All members, except those who serve ex officio, shall
be allowed the necessary and actual expenses incurred in the
performance of duties under this article.
A majority of the members of the agency shall constitute a quorum
for the transaction of any business or the exercise of any power or
function of the agency and affirmative vote by a majority of the
members of the agency, except as is otherwise specifically provided in
this article, shall be required to exercise any power or function of
the agency. Votes of any member shall be cast in person and not by
proxy. The agency may delegate to one or more of its members,
officers, agents and employees, such powers and duties as it deems
proper.
The commissioner of environmental conservation and the commissioner
of commerce and the secretary of state may, by official authority
filed in their respective agencies, and with the Adirondack park
agency, designate a deputy or other officer to exercise his powers and
perform his duties, including the right to vote, on the agency.
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S 803-a. Adirondack park local government review board. 1. For the
purpose of advising and assisting the Adirondack park agency in
carrying out its functions, powers and duties, there is hereby
established the Adirondack park local government review board. Such
board shall consist of twelve members, each of whom shall be a
resident of a county wholly or partly within the park. No more than
one member shall be a resident of any single county. Each member shall
be appointed by or in the manner determined by the legislative body of
each such county.
2. The members of the review board shall serve for such terms as
shall be determined by their respective appointing authorities. Any
member of the board may, if authorized by his appointing authority,
designate an alternate to serve in his absence.
3. The review board shall elect, for such term as it may determine,
a chairman from among its membership and such other officers as it
deems necessary.
4. The review board shall meet regularly at least four times each
year. Special meetings may be called by the chairman and shall be
called by him at the request of a majority of the review board.
5. No member of the review board shall be disqualified from holding
any other office or employment by reason of his appointment hereunder,
notwithstanding the provisions of any general, special or local law.
6. The members of the review board shall receive no compensation for
their services but their respective appointing authorities may provide
for payment of their actual and necessary expenses incurred in the
performance of their duties hereunder.
7. In addition to any other functions or duties specifically
required or authorized in this article, the review board shall monitor
the administration and enforcement of the Adirondack park land use and
development plan and periodically report thereon, and make
recommendations in regard thereto, to the governor and the
legislature, and to the county legislative body of each of the
counties wholly or partly within the park.
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S 804. General powers and duties of the agency. The agency shall
have the power:
1. To sue and be sued;
2. To make and execute contracts and all other instruments necessary
or convenient for the exercise of its powers and functions under this
article;
3. To establish and maintain such facilities as may be necessary for
the transacting of its business;
4. To appoint an executive officer, officers, agents, employees, and
prescribe their duties and qualifications and fix their compensation;
5. To utilize to the extent feasible the staff and facilities of
existing state agencies, pursuant to an allocation to be made by the
director of the budget;
6. To hold hearings and subpoena witnesses in the exercise of its
powers, functions and duties provided for by this article;
7. To contract for professional and technical assistance and advice;
8. To contract for and to accept any assistance, including but not
limited to gifts, grants or loans of funds or of property from the
federal government or any agency or instrumentality thereof, or from
any agency or instrumentality of the state, or from any other public
or private source and to comply, subject to the provisions of this
article, with the terms and conditions thereof, subject to the
approval of the director of the budget;
9. To adopt, amend and repeal, after public hearing (except in the
case of rules and regulations that relate to the organization or
internal management of the agency), such rules and regulations,
consistent with this article, as it deems necessary to administer this
article, and to do any and all things necessary or convenient to carry
out the purposes and policies of this article and exercise powers
granted by law; and
10. To report periodically to the governor and the legislature on
the conduct of its activities but not less than once a year,
furnishing a copy of each such report to the clerk of the county
legislative body of each county wholly or partly within the park and
to the review board.
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S 805. Adirondack park land use and development plan. 1. Adoption;
status report. a. The Adirondack park land use and development plan is
hereby adopted and shall hereafter serve to guide land use planning
and development throughout the entire area of the Adirondack park,
except for those lands owned by the state.
b. The agency shall, in consultation with the Adirondack park local
government review board, continually review and evaluate the land use
and development plan as an ongoing planning process in the light of
changing needs and conditions. The agency shall consult and work
closely with local governments and local, county and regional planning
agencies in this ongoing planning process, particularly as it pertains
to their respective territorial areas and jurisdictions. In February,
nineteen hundred seventy-six, the agency shall submit a comprehensive
report to the governor and the legislature, furnishing a copy thereof
to the clerk of the county legislative body of each county wholly or
partly within the park and to the review board concerning the status
of this planning process and the administration and enforcement of the
land use and development plan, as provided for herein, by the agency
and local governments.
2. Official Adirondack park land use and development plan map. a.
The official Adirondack park land use and development plan map shall
have the land use planning and regulatory effect authorized under this
article.
b. Within twenty days after the enactment of this section, the
agency shall file the Official Adirondack park land use and
development plan map, as approved by the agency on March third,
nineteen hundred seventy-three, and filed in the capitol, at its
headquarters and a certified copy thereof with the secretary of state
and reasonable facsimiles thereof with the review board and the clerk
of each county and local government wholly or partially within the
Adirondack park. Within twenty days after any amendment to the plan
map, whether by law or by the agency, except an amendment granting in
part a request by the legislative body of a local government pursuant
to subparagraph three of paragraph c of this subdivision, the agency
shall enter such amendment on the plan map filed at its headquarters
and file a certified copy thereof with the review board and each of
the state and local officers with whom a copy of the plan map is on
file hereunder. The agency shall enter and file amendments granting in
part a request by the legislative body of a local government pursuant
to subparagraph three of paragraph c of this subdivision no sooner
than sixty days and no later than ninety days after making such
amendments. Such state and local officers shall enter such amendment
on the plan map on file with them upon receipt of such certified copy
in accordance with procedures prescribed by the agency. Such
amendments shall take effect upon conclusion of such twenty-day or
ninety-day filing period.
c. The agency may make the following amendments to the plan map in
the following manner: (1) Any amendment to reclassify land from any
land use area to any other land use area or areas, if the land
involved is less than twenty-five hundred acres, after public hearing
thereon and upon an affirmative vote of two-thirds of its members, at
the request of any owner of record of the land involved or at the
request of the legislative body of a local government.
(2) Any amendment to reclassify land from any land use area to any
other land use area or areas for which a greater intensity of
development is allowed under the overall intensity guidelines if the
land involved is less than twenty-five hundred acres, after public
hearing thereon and upon an affirmative vote of two-thirds of its
members, on its own initiative.
(3) Any amendment to reclassify land from any land use area to any
other land use area or areas, if the reclassification effects a
comprehensive review and evaluation of the plan map, at the request of
the legislative body of a local government which has (a) completed and
submitted to the agency a current and comprehensive inventory and
analysis of the natural resource, open space, public, economic and
other land use factors as may reflect the relative development
amenability and limitations of the lands within its entire
jurisdiction, and (b) formally adopted after public hearing a
comprehensive master plan prepared pursuant to section two hundred
seventy-two-a of the town law or section 7-722 of the village law,
after public hearing thereon and upon an affirmative vote of a
majority of its members. If the agency grants the amendment request in
part, it shall not enter or file the amendment or amendments for a
period of sixty days thereafter, during which time the legislative
body of the local government may withdraw its request.
(4) Any amendment to clarify the boundaries of the land use areas as
shown on the plan map, to correct any errors on the map or effect
other technical changes on the map, upon an affirmative vote of a
majority of its members and without a public hearing thereon, unless
the agency determines that a public hearing is appropriate, on its own
motion or at the request of the legislative body of a local government
or at the request of any owner of record of the land involved.
(5) Before making any plan map amendment, except pursuant to
subparagraph four of this paragraph, the agency must find that the
reclassification would accurately reflect the legislative findings and
purposes of section eight hundred one of this article and would be
consistent with the land use and development plan, including the
character description and purposes, policies and objectives of the
land use area to which reclassification is proposed, taking into
account such existing natural resource, open space, public, economic
and other land use factors and any comprehensive master plans adopted
pursuant to the town or village law, as may reflect the relative
development amenability and limitations of the land in question. The
agency`s determination shall be consistent with and reflect the
regional nature of the land use and development plan and the regional
scale and approach used in its preparation.
d. The agency may, after consultation with the Adirondack park local
government review board, recommend to the governor and legislature any
other amendments to the plan map after public hearing thereon and upon
an affirmative vote of a majority of its members.
e. Upon receipt of a request to amend the plan map or upon
determining to amend the map on its own initiative, the agency shall
provide notice of receipt of the request or notice of the
determination and a brief description of the amendment requested or
contemplated to the Adirondack park local government review board, the
chairman of the county planning agency, if any, the chairman of the
appropriate regional planning board, and to the chief elected officer,
clerk and planning board chairman, if any, of the local government
wherein the land is located, and shall invite their comments.
f. The public hearings required or authorized in this subdivision
shall be held by the agency in each local government wherein such land
is located after not less than fifteen days notice thereof by
publication at least once in a newspaper of general circulation in
such local government or local governments, by conspicuous posting of
the land involved, and by individual notice served by certified mail
upon each owner of such land to the extent discernible from the latest
completed tax assessment roll and by mail upon the Adirondack park
local government review board, the persons named in paragraph e of
this subdivision, and the clerk of any local government within five
hundred feet of the land involved.
g. The agency shall act upon requests for amendments to the plan map
within one hundred twenty days of receipt of a request in such form
and manner as it shall prescribe; provided, however, that in the case
of requests concerning which it determines to hold a public hearing,
it shall, within ninety days of receipt of the request, schedule the
hearing and shall act within sixty days of the close of the hearing.
In the case of a request received when snow cover or ground conditions
prevent such field investigation as is necessary to act with respect
to the request, or in the case of a request or series of related
requests exceeding five hundred acres, the time periods herein
provided shall be extended an additional ninety days or until adequate
field inspection is possible, whichever is the lesser period. Any of
the time periods specified in this paragraph may be waived or extended
for good cause by written request of the applicant and consent of the
agency or by written request of the agency and consent by the
applicant.
3. Land use areas: character descriptions, and purposes, policies
and objectives; overall intensity guidelines; classification of
compatible uses lists. a. The primary uses on the classification of
compatible uses list for each land use area except hamlet areas, as
set forth in this subdivision, are those uses generally considered
compatible with the character, purposes, policies and objectives of
such land use area, so long as they are in keeping with the overall
intensity guideline for such area. The secondary uses on such list are
those which are generally compatible with such area depending upon
their particular location and impact upon nearby uses and conformity
with the overall intensity guideline for such area.
b. The classification of compatible uses lists shall also include
any additions thereto by agency amendment pursuant to this section,
and the agency may, after consultation with the Adirondack park local
government review board, recommend subtractions thereto to the
governor and legislature upon an affirmative vote of a majority of its
members and after public hearing thereon. The agency may amend the
classification of compatible uses lists to make additions thereto
after public hearing thereon and upon an affirmative vote of
two-thirds of its members. A certified copy of the agency`s resolution
adopting such amendment shall, within twenty days after adoption
thereof, be filed by the agency with the Adirondack park local
government review board and the same state and local officers with
whom the plan map is required to be filed under paragraph b of
subdivision two and with the legislature. Such amendments shall take
effect upon conclusion of such twenty-day filing period. The public
hearings authorized or required in this paragraph shall be held in any
county wholly or partially within the Adirondack park after not less
than fifteen days notice thereof by publication at least once in a
newspaper of general circulation in each county wholly or partially
within the park and in at least three metropolitan areas of the state,
and individual notice served by mail upon:
(1) the chairman of the planning board, if any, and the clerk of
each local government, and the chairman of the county planning agency,
if any, and the clerk of each county, wholly or partially within the
park;
(2) the chairman of each regional planning agency whose jurisdiction
is wholly or partially within the park; and
(3) the Adirondack park local government review board.
c. Hamlet areas. (1) Character description. Hamlet areas, delineated
in brown on the plan map, range from large, varied communities that
contain a sizeable permanent, seasonal and transient populations with
a great diversity of residential, commercial, tourist and industrial
development and a high level of public services and facilities, to
smaller, less varied communities with a lesser degree and diversity of
development and a generally lower level of public services and
facilities.
(2) Purposes, policies and objectives. Hamlet areas will serve as
the service and growth centers in the park. They are intended to
accommodate a large portion of the necessary and natural expansion of
the park`s housing, commercial and industrial activities. In these
areas, a wide variety of housing, commercial, recreational, social and
professional needs of the park`s permanent, seasonal and transient
populations will be met. The building intensities that may occur in
such areas will allow a high and desirable level of public and
institutional services to be economically feasible. Because a hamlet
is concentrated in character and located in areas where existing
development patterns indicate the demand for and viability of service
and growth centers, these areas will discourage the haphazard location
and dispersion of intense building development in the park`s open
space areas. These areas will continue to provide services to park
residents and visitors and, in conjunction with other land use areas
and activities on both private and public land, will provide a
diversity of land uses that will satisfy the needs of a wide variety
of people.
The delineation of hamlet areas on the plan map is designed to
provide reasonable expansion areas for the existing hamlets, where the
surrounding resources permit such expansion. Local government should
take the initiative in suggesting appropriate expansions of the
presently delineated hamlet boundaries, both prior to and at the time
of enactment of local land use programs.
(3) All land uses and development are considered compatible with the
character, purposes and objectives of hamlet areas.
(4) No overall intensity guideline is applicable to hamlet areas.
d. Moderate intensity use area. (1) Character description. Moderate
intensity use areas, delineated in red on the plan map, are those
areas where the capability of the natural resources and the
anticipated need for future development indicate that relatively
intense development, primarily residential in character, is possible,
desirable and suitable. These areas are primarily located near or
adjacent to hamlets to provide for residential expansion. They are
also located along highways or accessible shorelines where existing
development has established the character of the area.
Those areas identified as moderate intensity use where relatively
intense development does not already exist are generally characterized
by deep soils on moderate slopes and are readily accessible to
existing hamlets.
(2) Purposes, policies and objectives. Moderate intensity use areas
will provide for development opportunities in areas where development
will not significantly harm the relatively tolerant physical and
biological resources. These areas are designed to provide for
residential expansion and growth and to accommodate uses related to
residential uses in the vicinity of hamlets where community services
can most readily and economically be provided. Such growth and the
services related to it will generally be at less intense levels than
in hamlet areas.
(3) Guidelines for overall intensity of development. The overall
intensity of development for land located in any moderate intensity
use area should not exceed approximately five hundred principal
buildings per square mile.
(4) Classification of compatible uses:
Primary uses in moderate intensity use areas:
1. Single family dwellings.
2. Individual mobile homes.
3. Open space recreation uses.
4. Agricultural uses.
5. Agricultural use structures.
6. Forestry uses.
7. Forestry use structures.
8. Hunting and fishing cabins and hunting and fishing and other
private club structures.
9. Game preserves and private parks.
10. Cemeteries.
11. Private roads.
12. Private sand and gravel extractions.
13. Public utility uses.
14. Accessory uses and structures to any use classified as a
compatible use.
Secondary uses in moderate intensity use areas:
1. Multiple family dwellings.
2. Mobile home courts.
3. Public and semi-public buildings.
4. Municipal roads.
5. Agricultural service uses.
6. Commercial uses.
7. Tourist accommodations.
8. Tourist attractions.
9. Marinas, boatyards and boat launching sites.
10. Campgrounds.
11. Group camps.
12. Golf courses.
13. Ski centers.
14. Commercial seaplane bases.
15. Commercial or private airports.
16. Sawmills, chipping mills, pallet mills and similar wood using
facilities.
17. Commercial sand and gravel extractions.
18. Mineral extractions.
19. Mineral extraction structures.
20. Watershed management and flood control projects.
21. Sewage treatment plants.
22. Major public utility uses.
23. Industrial uses.
e. Low intensity use areas. (1) Character description. Low intensity
use areas, delineated in orange on the plan map, are those readily
accessible areas, normally within reasonable proximity to a hamlet,
where the physical and biological resources are fairly tolerant and
can withstand development at an intensity somewhat lower than found in
hamlets and moderate intensity use areas. While these areas often
exhibit wide variability in the land`s capability to support
development, they are generally areas with fairly deep soils, moderate
slopes and no large acreages of critical biological importance. Where
these areas are adjacent to or near hamlets, clustering homes on the
most developable portions of these areas makes possible a relatively
high level of residential units and local services.
(2) Purposes, policies and objectives. The purpose of low intensity
use areas is to provide for development opportunities at levels that
will protect the physical and biological resources, while still
providing for orderly growth and development of the park. It is
anticipated that these areas will primarily be used to provide housing
development opportunities not only for park residents but also for the
growing seasonal home market. In addition, services and uses related
to residential uses may be located at a lower intensity than in
hamlets or moderate intensity use areas.
(3) Guidelines for overall intensity of development. The overall
intensity of development for land located in any low intensity use
area should not exceed approximately two hundred principal buildings
per square mile.
(4) Classification of compatible uses:
Primary uses in low intensity use areas:
1. Single family dwellings.
2. Individual mobile homes.
3. Open space recreation uses.
4. Agricultural uses.
5. Agricultural use structures.
6. Forestry uses.
7. Forestry use structures.
8. Hunting and fishing cabins and hunting and fishing and other
private club structures.
9. Game preserves and private parks.
10. Private roads.
11. Cemeteries.
12. Private sand and gravel extractions.
13. Public utility uses.
14. Accessory uses and structures to any use classified as a
compatible use.
Secondary uses in low intensity use areas:
1. Multiple family dwellings.
2. Mobile home courts.
3. Public and semi-public buildings.
4. Municipal roads.
5. Agricultural service uses.
6. Commercial uses.
7. Tourist accommodations.
8. Tourist attractions.
9. Marinas, boatyards and boat launching sites.
10. Golf courses.
11. Campgrounds.
12. Group camps.
13. Ski centers.
14. Commercial seaplane bases.
15. Commercial or private airports.
16. Sawmills, chipping mills, pallet mills and similar wood using
facilities.
17. Commercial sand and gravel extractions.
18. Mineral extractions.
19. Mineral extraction structures.
20. Watershed management and flood control projects.
21. Sewage treatment plants.
22. Waste disposal areas.
23. Junkyards.
24. Major public utility uses.
25. Industrial uses.
f. Rural use areas. (1) Character description. Rural use areas,
delineated in yellow on the plan map, are those areas where natural
resource limitations and public considerations necessitate fairly
stringent development constraints. These areas are characterized by
substantial acreages of one or more of the following: fairly shallow
soils, relatively severe slopes, significant ecotones, critical
wildlife habitats, proximity to scenic vistas or key public lands. In
addition, these areas are frequently remote from existing hamlet areas
or are not readily accessible.
Consequently, these areas are characterized by a low level of
development and variety of rural uses that are generally compatible
with the protection of the relatively intolerant natural resources and
the preservation of open space. These areas and the resource
management areas provide the essential open space atmosphere that
characterizes the park.
(2) Purposes, policies and objectives. The basic purpose and
objective of rural use areas is to provide for and encourage those
rural land uses that are consistent and compatible with the relatively
low tolerance of the areas` natural resources and the preservation of
the open spaces that are essential and basic to the unique character
of the park. Another objective of rural use areas is to prevent strip
development along major travel corridors in order to enhance the
aesthetic and economic benefit derived from a park atmosphere along
these corridors.
Residential development and related development and uses should
occur on large lots or in relatively small clusters on carefully
selected and well designed sites. This will provide for further
diversity in residential and related development opportunities in the
park.
(3) Guideline for overall intensity of development. The overall
intensity of development for land located in any rural use area should
not exceed approximately seventy-five principal buildings per square
mile.
(4) Classification of compatible uses.
Primary uses in rural use areas:
1. Single family dwellings.
2. Individual mobile homes.
3. Open space recreation uses.
4. Agricultural uses.
5. Agricultural use structures.
6. Forestry uses.
7. Forestry use structures.
8. Hunting and fishing cabins and hunting and fishing and other
private club structures.
9. Game preserves and private parks.
10. Cemeteries.
11. Private roads.
12. Private sand and gravel extractions.
13. Public utility uses.
14. Accessory uses and structures to any use classified as a
compatible use.
Secondary uses in rural use areas:
1. Multiple family dwellings.
2. Mobile home courts.
3. Public and semi-public buildings.
4. Municipal roads.
5. Agricultural service uses.
6. Commercial uses.
7. Tourist accommodations.
8. Marinas, boatyards and boat launching sites.
9. Golf courses.
10. Campgrounds.
11. Group camps.
12. Ski centers.
13. Commercial seaplane bases.
14. Commercial or private airports.
15. Sawmills, chipping mills, pallet mills and similar wood using
facilities.
16. Commercial sand and gravel extractions.
17. Mineral extractions.
18. Mineral extraction structures.
19. Watershed management and flood control projects.
20. Sewage treatment plants.
21. Waste disposal areas.
22. Junkyards.
23. Major public utility uses.
24. Industrial uses.
g. Resource management areas. (1) Character description. Resource
management areas, delineated in green on the plan map, are those lands
where the need to protect, manage and enhance forest, agricultural,
recreational and open space resources is of paramount importance
because of overriding natural resource and public considerations. Open
space uses, including forest management, agriculture and recreational
activities, are found throughout these areas.
Many resource management areas are characterized by substantial
acreages of one or more of the following: shallow soils, severe
slopes, elevations of over twenty-five hundred feet, flood plains,
proximity to designated or proposed wild or scenic rivers, wetlands,
critical wildlife habitats or habitats of rare and endangered plant
and animal species.
Other resource management areas include extensive tracts under
active forest management that are vital to the wood using industry and
necessary to insure its raw material needs.
Important and viable agricultural areas are included in resource
management areas, with many farms exhibiting a high level of capital
investment for agricultural buildings and equipment. These
agricultural areas are of considerable economic importance to segments
of the park and provide for a type of open space which is compatible
with the park`s character.
(2) Purposes, policies and objectives. The basic purposes and
objectives of resource management areas are to protect the delicate
physical and biological resources, encourage proper and economic
management of forest, agricultural and recreational resources and
preserve the open spaces that are essential and basic to the unique
character of the park. Another objective of these areas is to prevent
strip development along major travel corridors in order to enhance the
aesthetic and economic benefits derived from a park atmosphere along
these corridors.
Finally, resource management areas will allow for residential
development on substantial acreages or in small clusters on carefully
selected and well designed sites.
(3) Guidelines for overall intensity of development. The overall
intensity of development for land located in any resource management
area should not exceed approximately fifteen principal buildings per
square mile.
(4) Classification of compatible uses.
Primary uses in resource management areas:
1. Agricultural uses.
2. Agricultural use structures.
3. Open space recreation uses.
4. Forestry uses.
5. Forestry use structures.
6. Game preserves and private parks.
7. Private roads.
8. Private sand and gravel extractions.
9. Public utility uses.
10. Hunting and fishing cabins and hunting and fishing and other
private club structures involving less than five hundred square feet
of floor space.
11. Accessory uses and structures to any use classified as a
compatible use.
Secondary uses in resource management areas:
1. Single family dwellings.
2. Individual mobile homes.
3. Hunting and fishing cabins and hunting and fishing and other
private club structures involving five hundred square feet or more of
floor space.
4. Campgrounds.
5. Group camps.
6. Ski centers and related tourist accommodations.
7. Agricultural service uses.
8. Sawmills, chipping mills, pallet mills and similar wood using
facilities.
9. Commercial sand and gravel extractions.
10. Mineral extractions.
11. Mineral extraction structures.
12. Watershed management and flood control projects.
13. Sewage treatment plants.
14. Major public utility uses.
15. Municipal roads.
16. Golf courses.
h. Industrial use areas. (1) Character description. Industrial use
areas, delineated in purple on the plan map, include those areas that
are substantial in size and located outside of hamlet areas and are
areas (1) where existing land uses are predominantly of an industrial
or mineral extraction nature or (2) identified by local and state
officials as having potential for new industrial development.
(2) Purposes, policies and objectives. Industrial use areas will
encourage the continued operation of major existing industrial and
mineral extraction uses important to the economy of the Adirondack
region and will provide suitable locations for new industrial and
mineral extraction activities that may contribute to the economic
growth of the park without detracting from its character. Land uses
that might conflict with existing or potential industrial or mineral
extraction uses are discouraged in industrial use areas.
(3) Classification of compatible uses.
Primary uses in industrial use areas:
1. Industrial uses.
2. Mineral extractions.
3. Mineral extraction structures.
4. Private sand and gravel extractions.
5. Commercial sand and gravel extractions.
6. Sawmills, chipping mills, pallet mills and similar wood using
facilities.
7. Forestry uses.
8. Forestry use structures.
9. Agricultural uses.
10. Agricultural use structures.
11. Private roads.
12. Open space recreation uses.
13. Hunting and fishing cabins and hunting and fishing and other
private club structures.
14. Public utility uses.
15. Major public utility uses.
16. Accessory uses and structures to any use classified as a
compatible use.
Secondary uses in industrial use areas:
1. Commercial uses.
2. Agricultural service uses.
3. Public and semi-public buildings.
4. Municipal roads.
5. Sewage treatment plants.
6. Waste disposal areas.
7. Junkyards.
(4) No overall intensity guideline is applicable to industrial use
areas.
4. Development considerations. The following are those factors which
relate to potential for adverse impact upon the park`s natural,
scenic, aesthetic, ecological, wildlife, historic, recreational or
open space resources and which shall be considered, as provided in
this article, before any significant new land use or development or
subdivision of land is undertaken in the park. Any burden on the
public in providing facilities and services made necessary by such
land use and development or subdivision of land shall also be taken
into account, as well as any commercial, industrial, residential,
recreational or other benefits which might be derived therefrom:
a. Natural resource considerations.
(1) Water
(a) Existing water quality.
(b) Natural sedimentation of siltation.
(c) Eutrophication.
(d) Existing drainage and runoff patterns.
(e) Existing flow characteristics.
(f) Existing water table and rates of recharge.
(2) Land
(a) Existing topography.
(b) Erosion and slippage.
(c) Floodplain and flood hazard.
(d) Mineral resources.
(e) Viable agricultural soils.
(f) Forest resources.
(g) Open space resources.
(h) Vegetative cover.
(i) The quality and availability of land for outdoor recreational
purposes.
(3) Air
(a) Air quality.
(4) Noise
(a) Noise levels.
(5) Critical resource areas
(a) Rivers and corridors of rivers designated to be studied as wild,
scenic or recreational in accordance with the environmental
conservation law.
(b) Rare plant communities.
(c) Habitats of rare and endangered species and key wildlife
habitats.
(d) Alpine and subalpine life zones.
(e) Wetlands.
(f) Elevations of twenty-five hundred feet or more.
(g) Unique features, including gorges, waterfalls, and geologic
formations.
(6) Wildlife
(a) Fish and wildlife.
(7) Aesthetics
(a) Scenic vistas.
(b) Natural and man-made travel corridors.
b. Historic site considerations.
(1) Historic factors
(a) Historic sites or structures.
c. Site development considerations.
(1) Natural site factors
(a) Geology.
(b) Slopes.
(c) Soil characteristics.
(d) Depth to ground water and other hydrological factors.
(2) Other site factors
(a) Adjoining and nearby land uses.
(b) Adequacy of site facilities.
d. Governmental considerations.
(1) Governmental service and finance factors
(a) Ability of government to provide facilities and services.
(b) Municipal, school or special district taxes or special district
user charges.
e. Governmental review considerations.
(1) Governmental control factors
[ Top of Page ]
S 806. Shoreline restrictions. 1. In order to provide adequate
protection of the quality of the lakes, ponds, rivers and streams of the
park and the qualities of their shorelines, no person shall undertake
any new land use or development or subdivision of land that involves any
shoreline within the park, except in compliance, at a minimum, with the
following restrictions. In addition, compliance with these restrictions
shall be required by the agency in its review of any project under
section eight hundred nine and, at a minimum, by any local government in
the adoption and enforcement of a local land use program. All distances
contained in these restrictions shall be measured horizontally. For the
purpose of this section, any lot, parcel or site that adjoins a shore-
line, includes a shoreline or, in whole or in part, is located at or
within the minimum set back requirement as provided in subparagraph two
of paragraph a of this subdivision, and any land use or development on
such a lot, parcel or site, shall be deemed to involve that shoreline.
a. In the case of the shorelines of all lakes and ponds and the shore-
lines of any river designated to be studied as a wild, scenic or recre-
ational river in accordance with the environmental conservation law or
any river or stream navigable by boat, including canoe, the following
restrictions shall apply:
(1) The minimum lot width measured along the shoreline for each one
family residential structure shall be fifty feet in hamlet areas, one
hundred feet in moderate intensity use areas, one hundred twenty-five
feet in low intensity use areas, one hundred fifty feet in rural use
areas, and two hundred feet in resource management areas; provided that
the minimum lot width for a lot not adjoining or including shoreline
which is deemed to involve shoreline for the purposes of this section
may be measured lateral to the shoreline at any point on the lot. Noth-
ing herein shall be deemed to preclude the application of appropriate
shoreline restrictions to new uses other than one family residential
structures subject to project review by the agency or to an approved
local land use program.
(2) The minimum setback of all principal buildings and accessory
structures in excess of one hundred square feet, other than docks or
boathouses, from the mean high-water mark shall be fifty feet in hamlet
areas and moderate intensity use areas, seventy-five feet in low inten-
sity and rural use areas, and one hundred feet in resource management
areas.
(3) The removal of vegetation, including trees, shall be permitted on
shorefront lots provided the following standards are met:
(a) Within thirty-five feet of the mean high-water mark not more than
thirty percent of the trees in excess of six inches diameter at breast
height existing at any time may be cut over any ten-year period.
(b) Within six feet of the mean high-water mark no vegetation may be
removed, except that up to a maximum of thirty percent of the shorefront
may be cleared of vegetation on any individual lot. This provision shall
be adhered to in addition to (a) above.
(c) The above cutting standards shall not be deemed to prevent the
removal of diseased vegetation or of rotten or damaged trees or of other
vegetation that present safety or health hazards.
(4) The following minimum shoreline frontages shall be required in all
land use areas for deeded or contractual access to all such lakes,
ponds, rivers or streams for five or more lots, parcels or sites or
multiple family dwelling units not having separate and distinct owner-
ship of shore frontage:
(a) Where five to twenty lots or multiple family dwelling units are
involved, a total of not less than one hundred feet.
(b) Where more than twenty and not more than one hundred lots or
multiple dwelling units are involved, a minimum of three feet for each
additional lot or multiple dwelling unit in excess of twenty.
(c) Where more than one hundred and not more than one hundred fifty
lots or multiple dwelling units are involved, a minimum of two feet for
each additional lot or multiple dwelling unit in excess of one hundred.
(d) Where more than one hundred fifty lots or multiple dwelling units
are involved, a minimum of one foot for each additional lot or multiple
dwelling unit in excess of one hundred fifty.
b. In the case of all lakes, ponds, rivers and streams, the minimum
setback of any on-site sewage drainage field or seepage pit shall be one
hundred feet from the mean high-water mark in all land use areas.
2. In all of the above restrictions, the term "mean high-water mark"
shall mean the spillway elevation contour, which is at seven hundred
seventy-one feet elevation above mean sea level, whenever the Great
Sacandaga Lake is involved.
3. a. Any person seeking a variance from the strict letter of the
shoreline restrictions in connection with any new land use or develop-
ment or subdivision of land proposed to be located in a land use area
governed by an approved local land use program shall make application
therefor to the local government as provided in such approved local land
use program. If a person is seeking such a variance in a land use area
not governed by an approved local land use program, he shall make appli-
cation therefor to the agency whether or not the agency has project
review jurisdiction over the new land use or development or subdivision
of land involved. Upon such application, and after public hearing ther-
eon, the local government or the agency shall, where there are practical
difficulties or unnecessary hardships in the way of carrying out the
strict letter of the restrictions, have authority to vary or modify the
application of such restrictions relating to the use, construction or
alteration of buildings or structures, or the use of land, so that the
spirit of such restrictions shall be observed, public safety and welfare
secured and substantial justice done.
b. The local government shall act upon any application to it within
the time provided for in its local land use program. The agency shall
act upon any application to it which is associated with a project
subject to its review jurisdiction within the period provided in section
eight hundred nine. In the case of any other application, the agency
shall schedule a public hearing within fifteen days of receipt of an
application in such form and manner as it shall prescribe. The public
hearing shall be commenced within thirty days of the date it is sched-
uled. The agency shall act upon a variance application within forty-five
days of the receipt by the agency of a complete record, as that term is
defined in paragraphs (a) through (e) of subdivision one of section
three hundred two of the state administrative procedure act.
4. The shoreline restrictions shall not apply to any emergency land
use or development which is immediately necessary for the protection of
life or property as defined by the agency in its rules and regulations
governing its procedures to review projects as authorized in section
eight hundred nine.
5. In order to encourage clustering of buildings and the maintenance
of undeveloped shorelines, as an alternative to minimum lot widths of
the shoreline restriction, shoreline development may take place in the
following land use areas upon the following approximate overall intensi-
ties of principal buildings (other than boathouses) per linear mile of
shoreline or proportionate fraction thereof:
Principal Buildings
Land Use Areas Per Linear Mile
Hamlet ............................................... 106
Moderate Intensity .................................... 53
Low Intensity ......................................... 42
Rural Use ............................................. 36
Resource Management ................................... 26
This alternative method of cluster shoreline development shall only be
employed where a single ownership or a group of two or more owners
acting in concert is involved. In addition, approval of this method of
development must carry with it provisions, whether by deed restriction,
restrictive covenant or other similar appropriate means, to insure the
retention in open space of the undeveloped portions of shoreline devel-
oped on a cluster basis. The agency, within its project review jurisdic-
tion, or a local government under an approved local land use program,
may apply these optional shoreline clustering provisions. Any person
proposing to undertake new land use or development or subdivision of
land in a land use area not governed by an approved local land use
program and that is not subject to the agency`s project review jurisdic-
tion, may apply to the agency for a permit to employ such alternative
method and the agency shall have authority to grant such a permit if the
above required terms and conditions are met. The agency shall act upon
such application within thirty days after receipt thereof.
[ Top of Page ]
S 807. Local land use programs. 1. The agency is authorized to
review and approve any local land use program proposed by a local
government and formally submitted by the legislative body of the local
government to the agency for approval. Within a period of ninety days
after such submission, or such longer period as may be agreed upon in
writing by the agency and the local government, the agency shall
review the local land use program and approve or disapprove it, or
approve it subject to conditions. The agency shall approve the local
land use program if the agency determines that such program meets all
of the criteria set forth in subdivision two. If the agency fails to
take final action on the local land use program within such ninety-day
or longer period agreed upon by the agency and local government, the
local land use program shall be deemed approved by the agency and the
agency shall, upon the request of the legislative body of the local
government, issue a certification to such effect to such chief elected
official. Amendments to an approved local land use program that do not
relate or pertain to the criteria for approval of a local land use
program set forth in subdivision two of section eight hundred seven
shall not be subject to approval by the agency. All amendments to an
approved local land use program that do relate to such criteria shall
be subject to approval by the agency as set forth in subdivision two
of section eight hundred seven for approval of an initial local land
use program.
2. The agency shall approve a local land use program if the agency
determines that such program meets all of the following criteria: a.
It is in furtherance and supportive of the land use and development
plan.
b. It is compatible with the character descriptions and purposes,
policies and objectives of the land use areas, and, in regard to its
map, compatible with the plan map.
c. It reasonably applies the overall intensity guidelines for the
land use areas in the light of the particular needs and conditions of
the local government. In applying the overall intensity guideline for
a given land use area, the local land use program may provide for both
greater and lesser intensity of development within such area provided
that the overall intensity shall not exceed such guideline. In no
event, however, shall bodies of water, such as lakes or ponds, located
in a land use area be taken into account in the application of the
overall intensity guideline for such area. The local land use program
may disregard principal buildings in existence on August one, nineteen
hundred seventy-three in applying the overall intensity guidelines for
a land use area. If it does so, the land directly related to such
principal buildings shall not be used in the computation of the total
land area available for new principal buildings. The local land use
program may be more restrictive than the overall intensity guidelines.
d. It reasonably applies the classification of compatible uses lists
in the light of the needs and conditions of the local government.
Accordingly, the local land use program may include uses not on these
lists or exclude those that are on them, reclassify those classified
on such lists as primary uses to secondary uses and those classified
on such lists as secondary uses to primary uses, or prohibit any of
the uses on such lists.
e. It incorporates at a minimum the shoreline restrictions as they
relate to any shoreline within the local government. As an alternative
to minimum lot sizes on shorelines, the optional shoreline clustering
provisions contained in subdivision five of section eight hundred six
may be employed in regard to all or specified portions of a shoreline
in single ownerships or in situations involving a group of two or more
owners acting in concert.
f. It requires review of class B regional projects and provides that
any such project shall not be approved unless the local government
body or officer having jurisdiction under the program determines that
the undertaking or continuance of such project will not have an undue
adverse impact upon the natural, scenic, aesthetic, ecological,
wildlife, historic, recreational or open space resources of the park
or upon the ability of the public to provide supporting facilities and
services made necessary by the project, taking into account the
commercial, industrial, residential, recreational or other benefits
that might be derived from the project. In making this determination,
as to the impact of the project upon the resources of the park, the
local government body or officer having jurisdiction shall be required
under the local land use program to apply the development
considerations. The local land use program may expand upon the
development considerations, but shall not eliminate any of them. The
local land use program shall include a provision to insure that no
class B regional project shall be disapproved except after public
hearing thereon.
g. It contains adequate authority and provision for its
administration and enforcement, including, at the option of the
legislative body of the local government, authority to regulate any
pre-existing land use or development, or any prefiled subdivision
plat. The source of such authority shall be the municipal home rule
law or any other applicable state enabling law. Notwithstanding any
general or special law to the contrary, a local government may provide
in its local land use program, if such program is approved by the
agency, for planning board action without public hearings on
subdivision plats of less than five lots, parcels or sites, provided
that no such provision may authorize the planning board to disapprove
any subdivision plat without having first conducted a public hearing,
as required by law. In addition, the legislative body of a local
government may include in its local land use program, if such program
is approved by the agency, and to the extent permissible within the
proper exercise of the police power, such procedures as may be
necessary and appropriate for the review of class B regional projects
as required in paragraph f of this subdivision, and, in connection
with the granting of a permit for such projects: (1) authority to
require restriction of land against further development of principal
buildings, whether by deed restriction, restrictive covenant or other
similar appropriate means, to ensure that the overall intensity
guidelines as applied in the local land use program shall be
respected; and
(2) authority, to the extent otherwise authorized by law, to impose
reasonable requirements and conditions to insure that an approved
class B regional project will be adequately supported by services and
improvements made necessary by such project and to insure that such a
project shall be completed in accordance with the terms and conditions
of the approval.
3. The agency may separately review and approve, disapprove, or
approve subject to conditions, significant components of a local land
use program which relate or pertain to the entire territorial
jurisdiction of a local government, if proposed by the local
government and formally submitted by its legislative body. The agency
shall approve such components if the agency determines that such
criteria of subdivision two of this section as shall be relevant to
each such component are met. Provided, however, that the separately
approved components of a local land use program shall not be deemed an
approved local land use program for the purposes of this section,
section eight hundred eight or section eight hundred nine of this
article, unless and until all of the components of the local land use
program shall have been approved pursuant to the terms of this
subdivision or subdivision four of this section. Each such component
shall be reviewed and acted upon in accordance with the procedures and
within the time periods specified in subdivision one of this section
relative to review of local land use programs.
4. The agency may review and approve, disapprove, or approve subject
to conditions, an industrial site plan review law or ordinance,
whether or not submitted as a component of a local land use program,
if proposed by a local government and formally submitted by its
legislative body. The agency shall approve such law or ordinance if
the agency determines that such criteria of subdivision two of this
section as shall be relevant to industrial uses and to sawmills,
chipping mills, pallet mills and similar wood using facilities are
met. Such law or ordinance shall provide for the review of such uses
and facilities pursuant to the criteria and procedures set forth in
paragraph f of subdivision two of this section. Notwithstanding any
general or special law to the contrary, such law or ordinance shall
relate and pertain to not more than two particular sites totalling one
hundred acres or less, identified by the local government after a
comprehensive study of the entire area within its jurisdiction, as
appropriate for industrial uses and wood using facilities; provided,
however, that no such site shall be located in a resource management
area and no such site may be located in a rural use area remote from
existing hamlet areas, or along major travel corridors where a park
atmosphere prevails. Upon approval, or approval subject to conditions
by the agency, and upon valid enactment or adoption of such law or
ordinance, the authority of the agency over such uses and facilities
pursuant to sections eight hundred six and eight hundred nine of this
article shall be vested in the local government, whether or not such
uses are class A regional projects. Such laws or ordinances shall be
reviewed and acted upon in accordance with the procedures and within
the time periods specified in subdivision one of this section relative
to review of local land use programs. Section eight hundred eight of
this article shall govern the administration and enforcement of such
laws or ordinances.
5. The agency may review and approve, disapprove or approve subject
to conditions, a local land use program insofar as it relates or
pertains to one or more land use areas within the territorial
jurisdiction of the local government which in the aggregate is a
significant geographical portion of the territorial jurisdiction of
the local government, if proposed by the local government and formally
submitted by its legislative body. The agency shall approve such
program if the agency determines that all criteria of subdivision two
of this section are met with respect to such geographical portion. If
approved, or approved subject to conditions by the agency, such
validly enacted or adopted program, insofar as it pertains to such
geographical portion, shall be deemed an approved local land use
program with respect to such geographical portion in accordance with
the terms and conditions of such approval, for the purposes of this
section, section eight hundred eight and section eight hundred nine of
this article. Provided, that nothing contained in this subdivision
shall supercede or be construed in derogation of the provisions and
requirements of the town law and village law otherwise applicable to
the valid enactment or adoption of such program. The program, insofar
as it pertains to such geographical portion, shall be reviewed and
acted upon in accordance with the procedures and within the time
periods specified in subdivision one of this section relative to
review of local land use programs.
6. The agency shall, in its review of local land use programs,
consult with appropriate public agencies, and shall provide
opportunity for the Adirondack park local government review board and
the appropriate county and regional planning agencies to review and
comment on such programs under review.
7. The agency shall encourage and assist local governments in the
preparation of local land use programs, including the provision of
data, technical assistance and model provisions. Such model provisions
shall be made available by the agency as soon as possible after the
effective date of the adoption of the land use and development plan.
[ Top of Page ]
S 808. Administration and enforcement of approved local land use
programs. 1. Local land use programs that have been approved by the
agency and validly enacted or adopted shall be administered and
enforced as provided for in such approved programs.
2. Upon receipt of an application to undertake any class B regional
project that is permissible under an approved local land use program,
the local government body or officer having jurisdiction thereof shall
give written notice thereof to the agency, together with such
pertinent information as the agency may deem necessary. The agency
shall have standing to participate as a party in the local review of
such project, including any public hearing thereon, and to have the
issuance of a permit therefor by such body or officer reviewed under
article seventy-eight of the civil practice law and rules and to bring
proceedings in any court of competent jurisdiction to have any
undertaking pursuant to such permit restrained, enjoined, corrected or
abated.
3. Upon receipt of an application for a variance from any provision
of an approved local land use program involving land in any land use
area other than a hamlet, including any shoreline restriction, the
local government body or officer having jurisdiction thereof shall
give written notice thereof to the agency together with such pertinent
information as the agency may deem necessary. If such variance is
granted, it shall not take effect for thirty days after the granting
thereof. If, within such thirty day period, the agency determines that
such variance involves the provisions of the land use and development
plan as approved in the local land use program including any shoreline
restriction and was not based upon the appropriate statutory basis of
practical difficulties or unnecessary hardships, the agency may
reverse the local determination to permit the variance. If the agency
so acts, the appropriate local government officer or body, as well as
any other person aggrieved by such action, shall have standing to have
such action reviewed under article seventy-eight of the civil practice
law and rules.
4. The agency, after consultation with the Adirondack park local
government review board, shall have standing to institute a proceeding
in any court of competent jurisdiction to revoke its approval of a
local land use program and reassert its review jurisdiction over class
B regional projects under section eight hundred nine whenever the
agency determines by a two-thirds affirmative vote of its members that
the local government body or officer having jurisdiction has
repeatedly or frequently failed or refused, after due notice and
requests from the agency, and with such body or officer having had
full opportunity to be heard on all issues involved, to administer or
enforce the approved local land use program to adequately carry out
the policies, purposes and objectives of the approved program or of
the land use and development plan. Not earlier than one year after any
such successful reassertion by the agency, or such earlier time as may
be mutually agreed to, the legislative body of the local government
involved may submit its local land use program, or any amended version
thereof, or a newly proposed program to the agency for approval as
provided for in section eight hundred seven for the initial approval
of a local land use program.
5. The agency shall be a party who shall be joined, pursuant to the
terms of subdivision a of section one thousand one of the civil
practice law and rules, in any action initiated by or against a local
government, or an instrumentality, agent or employee thereof, in which
the issues to be adjudicated relate or pertain to the criteria for
approval of a local land use program set forth in subdivision two of
section eight hundred seven of this article. In any other action
initiated by or against a local government, or an instrumentality,
agent or employee thereof, joinder of the agency shall be governed by
the terms of section one thousand two of the civil practice law and
rules.
6. In any action where the agency is a party pursuant to the first
sentence of subdivision five of this section, the attorney general
shall, at the request of the local government and without cost to
local government, also represent the local government as to those
issues which are common to both the agency and the local government,
and as to which both seek the same or substantially similar
determination.
[ Top of Page ]
S 809. Agency administration and enforcement of the land use and
development plan. 1. The agency shall have jurisdiction to review and
approve all class A regional projects, including those proposed to be
located in a land use area governed by an approved local land use
program, and all class B regional projects in any land use area not
governed by an approved and validly enacted or adopted local land use
program.
All projects shall be reviewed and acted upon as expeditiously as
practical. In particular, to facilitate the review of minor project
applications, the agency shall develop simplified application forms to
deal with such projects, and will comply with the special procedures
for such projects set forth in this section. For the purposes of this
section, "minor project" shall mean any individual single family
dwelling or mobile home or any subdivision involving two lots, parcels
or sites.
2. a. Any person proposing to undertake a class A regional project
in any land use area, or a class B regional project in any land use
area not governed by an approved and validly enacted or adopted local
land use program, shall make application to the agency for approval of
such project and receive an agency permit therefor prior to
undertaking the project. Such application shall be filed in such form
and manner as the agency may prescribe. The agency shall, upon receipt
of such application, provide notice of receipt of the application and
a brief description of the project to the Adirondack park local
government review board, the chairman of the county planning board, if
any, of the county wherein the project is proposed to be located, to
the chairman of the appropriate regional planning board, and to the
chief elected officer, clerk and planning board chairman, if any, of
the local government wherein such project is proposed to be located.
The agency shall, upon request, furnish or make a copy of the
application available to the review board or to the officials listed
in this paragraph.
b. On or before fifteen calendar days after the receipt of such
application the agency shall notify the project sponsor by certified
mail whether or not the application is complete. For the purposes of
this section, a "complete application" shall mean an application for a
permit which is in an approved form and is determined by the agency to
be complete for the purpose of commencing review of the application
but which may need to be supplemented during the course of review as
to matters contained in the application in order to enable the agency
to make the findings and determinations required by this section. If
the agency fails to mail such notice within such fifteen-day period,
the application shall be deemed complete. If the agency determines the
application is not complete, the notice shall include a concise
statement of the respects in which the application is incomplete. The
submission by the project sponsor of the requested additional
information shall commence a new fifteen calendar day period for
agency review of the additional information for the purposes of
determining completeness. If the agency determines the application is
complete, the notice shall so state.
A notice of application completion shall not be required in the case
of applications for minor projects which the agency determines to be
complete when filed. Such applications shall be deemed complete for
the purposes of this section upon the date of receipt.
c. The project sponsor shall not undertake the project for a period
of ninety days, or in the case of a minor project, forty-five days,
following the date of such notice of application completion, or the
date the application is deemed complete pursuant to the provisions of
this section, unless a permit is issued prior to the expiration of
such periods.
d. Immediately upon determining that an application is complete, the
agency shall, except in relation to minor projects, cause a notice of
application to be published in the next available environmental notice
bulletin published by the department of environmental conservation
pursuant to section 3-0306 of the environmental conservation law,
which publication shall be not later than ten calendar days after the
date of such notice. The time period for public comment on a permit
application shall be stated in the notice of application. The agency
shall at the same time mail a copy of the notice of application
completion to the Adirondack park local government review board and to
the persons named in paragraph a of subdivision two of this section,
and invite their comments.
3. a. Within the time periods specified in paragraphs b and c of
this subdivision, the agency shall make a decision on a permit
application by notifying the project sponsor by certified mail of its
decision to approve the project, approve the project subject to
conditions or disapprove the project.
b. In the case of an application for a permit for which no public
hearing has been held, the agency decision shall be mailed on or
before ninety calendar days or, in the case of a minor project,
forty-five calendar days, after the agency notifies the project
sponsor that the application is complete or after the application is
deemed complete pursuant to the provisions of this section.
c. In the case of an application for a permit for which a public
hearing has been held, the agency decision shall be mailed on or
before sixty calendar days after receipt by the agency of a complete
record, as that term is defined in paragraphs (a) through (e) of
subdivision one of section three hundred two of the state
administrative procedure act.
d. If the agency determines to hold a public hearing on an
application for a permit, the agency shall notify the project sponsor
of its determination by certified mail on or before sixty calendar
days or, in the case of a minor project, forty-five calendar days
after the agency notifies the project sponsor that the application is
complete or after the application is deemed complete pursuant to the
provisions of this section. The determination of whether or not to
hold a public hearing on an application shall be based on whether the
agency`s evaluation or comments of the review board, local officials
or the public on a project raise substantive and significant issues
relating to any findings or determinations the agency is required to
make pursuant to this section, including the reasonable likelihood
that the project will be disapproved or can be approved only with
major modifications because the project as proposed may not meet
statutory or regulatory criteria or standards. The agency shall also
consider the general level of public interest in a project. No project
may be disapproved without a public hearing first being held thereon.
e. If the agency has notified the project sponsor of its
determination to hold a public hearing, the sponsor shall not
undertake the project during the time period specified in paragraph c
of this subdivision. The notice of determination to hold a public
hearing shall state that the project sponsor has the opportunity
within fifteen days to withdraw his application or submit a new
application. A public hearing shall commence on or before ninety
calendar days, or in the case of a minor project, seventy-five days,
after the agency notifies the project sponsor that the application is
complete or after the application is deemed complete pursuant to the
provisions of this section. In addition to notice of such hearing
being mailed to the project sponsor, such notice shall also be given
by publication at least once in the environmental notice bulletin and
in a newspaper having general circulation in each local government
wherein the project is proposed to be located, by conspicuous posting
of the land involved, and by individual notice served by certified
mail upon each owner of record of the land involved, and by mail upon:
the Adirondack park local government review board, the persons named
in paragraph a of subdivision two of this section, any adjoining
landowner, to the extent reasonably discernible from the latest
completed tax assessment roll, and the clerk of any local government
within five hundred feet of the land involved. Public hearings held
pursuant to this section shall be consolidated or held jointly with
other state or local agencies whenever practicable.
4. The agency shall make provision in its rules and regulations
adopted pursuant to subdivision fourteen of this section for the
Adirondack park local government review board and county and regional
planning agencies receiving notice under subdivision two to have
opportunity to review and render advisory comments on the project
under review by the agency.
5. Notice of an agency decision shall be given by mail to those
entitled to individual notice of application under subdivision two and
notice of hearing under subdivision three, if a hearing is held. If
the decision is approval, the agency shall within ten days of issuance
of its notification of approval grant a permit to the project sponsor
to undertake the project. If the decision is approval subject to
conditions, the agency shall grant a permit only upon satisfactory
fulfillment of such conditions. Approval subject to conditions shall
expire six months from the date of such approval, or such longer time
as is specified in the notification or approval, unless a permit has
been granted. An agency permit shall serve as authorization for the
project sponsor to undertake the project in accordance with the terms
and conditions thereof.
6. a. If the agency fails to mail a decision on an application for a
permit within the time periods specified in paragraphs b and c of
subdivision three of this section, the project sponsor may cause
notice of such failure to be made to the agency by means of certified
mail, return receipt requested, addressed to the agency at its
headquarters office. If, within five working days after the receipt of
such notice the agency fails to mail a decision, the application shall
be deemed approved and a permit deemed granted subject to any standard
terms or conditions applicable to such a permit and the agency shall
provide the project sponsor with a written certification to this
effect.
b. Any time period specified in this section may be waived and
extended for good cause by written request of the project sponsor and
consent of the agency, or by written request of the agency and consent
of the project sponsor.
c. At any time during the review of an application for a permit or a
request by a permit holder for the renewal, reissuance, or
modification of an existing permit pursuant to subdivision eight of
this section, the agency may request additional information from the
project sponsor or permit holder with regard to any matter contained
in the application or request when such additional information is
necessary for the agency to make any findings or determinations
required by law. Such a request shall not extend any time period for
agency action contained in this section. Failure by the project
sponsor or permit holder to provide such information may be grounds
for denial by the agency of the application or request.
7. a. A permit or certificate issued by the agency pursuant to
subdivision five or six of this section shall expire within sixty days
from the date thereof unless within such sixty-day period such permit
or certificate shall have been duly recorded in the name of the
landowner in the office of the clerk of the county wherein the project
is proposed to be located. Where a permit involves action in concert
by two or more landowners as described by paragraph c of subdivision
ten of this section, the permit shall be recorded in the name of each
landowner.
b. A permit when properly recorded shall operate and be construed as
actual notice of the right to undertake the project and of the terms
and conditions imposed by such permit. Such right shall extend to and
such terms and conditions shall be binding upon all subsequent
grantees of the land area subject to the permit, except those
conditions which by their nature or wording are to be performed by the
original project sponsor and except as may be otherwise provided by
the terms of such permit.
c. If a project for which a permit has been granted, or a
certificate issued, is not in existence within two years after the
recording of such permit or certificate, unless the terms of the
permit provides for a longer period of time, the project may not
thereafter be undertaken or continued unless an application for a new
permit therefore has been applied for and granted in the same manner
and subject to all conditions governing the application for and
granting of a permit as provided in this section. In determining
whether to provide a longer period of time by when the project must be
in existence, the agency shall give due consideration to the potential
of the land related to the project to remain suitable for the use
allowed by the permit and to the economic considerations attending the
project.
8. a. Upon the provision of notice stating the grounds for its
action and giving an opportunity for hearing to the permit holder, the
agency may modify, suspend or revoke a permit.
b. A permit holder may make written request to the agency for the
renewal, reissuance, or modification of an existing permit. Such a
request shall be accompanied by sufficient information supporting the
request for the agency action sought.
(1) In the case of a request which does not involve a material
change in permit conditions, the applicable law, environmental
conditions or technology since the date of issuance of the existing
permit, the agency shall on or before fifteen calendar days after the
receipt of a request mail a written determination to the permit holder
of its decision on the request. If the decision is to deny the
request, the permit holder shall be afforded an opportunity for
hearing and notice of such decision shall be given by the agency in
the next available issue of the environmental notice bulletin.
(2) In the case of a request which may involve a material change as
described in subparagraph one of this paragraph, the agency shall on
or before fifteen calendar days after the receipt of a request mail a
written determination to the permit holder that the request shall be
treated as an application for a new permit.
If pursuant to subparagraph one or two of this paragraph, the agency
fails to mail a written determination to the permit holder within such
fifteen calendar day period, the provisions of subdivision six of this
section shall apply.
9. The agency shall not approve any class A regional project
proposed to be located in a land use area governed by an approved
local land use program, or grant a permit therefor, unless it first
determines that such project meets all of the pertinent requirements
and conditions of such approved local land use program and that the
project would not have an undue adverse impact upon the natural,
scenic, aesthetic, ecological, wildlife, historic, recreational or
open space resources of the park or upon the ability of the public to
provide supporting facilities and services made necessary by the
project, taking into account the commercial, industrial, residential,
recreational or other benefits that might be derived from the project.
In making this determination, as to the impact of the project upon
such resources of the park, the agency shall consider those pertinent
factors contained in the development considerations and provided for
in such approved local land use program. The agency shall, in
connection with its review of a project under this subdivision, make
provision in its rules and regulations adopted under subdivision
fourteen for the early involvement of the local government wherein
such project is proposed to be located in the review of such project
on an informal basis. Such local government shall have standing as a
party in any public hearing on such project held by the agency.
10. The agency shall not approve any project proposed to be located
in any land use area not governed by an approved local land use
program, or grant a permit therefor, unless it first determines that
such project meets the following criteria:
a. The project would be consistent with the land use and development
plan.
b. The project would be compatible with the character description
and purposes, policies and objectives of the land use area wherein it
is proposed to be located. If the project is on the classification of
compatible uses list for the land use area involved, there shall be a
presumption of compatibility with the character description, purposes,
policies and objectives of such land use area. If the project is a
class B regional project because, as provided in section eight hundred
ten, it is not listed as either a primary use or a secondary use on
the classification of compatible uses list for the land use area
wherein it is proposed to be located, there shall be a presumption
that such project would not be compatible with the character
description, purposes, policies and objectives of such land use area
and the burden shall be on the project sponsor to demonstrate such
compatibility to the satisfaction of the agency.
c. The project would be consistent with the overall intensity
guideline for the land use area involved. A landowner shall not be
allowed to construct, either directly or as a result of a proposed
subdivision, more principal buildings on the land included within the
project than the overall intensity guideline for the given land use
area in which the project is located. In determining the land area
upon which the intensity guideline is calculated and which is included
within a project, the landowner shall only include land under his
ownership and may include all adjacent land which he owns within that
land use area irrespective of such dividing lines as lot lines, roads,
rights of way, or streams and, in the absence of local land use
programs governing the intensity of land use and development,
irrespective of local government boundaries. Principal buildings in
existence within the area included within a project, as such area is
defined by the landowner, shall be counted in applying the intensity
guidelines. As between two or more separate landowners in a given land
use area the principal buildings on one landowner`s property shall not
be counted in applying the intensity guidelines to another landowner`s
project, except that two or more landowners whose lands are directly
contiguous and located in the same general tax district or special
levy or assessment district may, when acting, in concert in submitting
a project, aggregate such lands for purposes of applying the intensity
guidelines to their lands thus aggregated. The area upon which the
intensity guideline is calculated shall not include (a) bodies of
water, such as lakes and ponds, (b) any land in the same ownership
that is directly related to any principal building in existence on
August first, nineteen hundred seventy-three, which land is not
included in the project, and (c), in the case of any principal
building constructed after August first, nineteen hundred
seventy-three, any land in the same or any other ownership that was
included within the area of any previous project in order to comply
with the overall intensity guideline.
d. The project would comply with the shoreline restrictions if
applicable. The agency may require a greater setback of any on-site
sewage drainage field or seepage pit than required under the shoreline
restrictions if it determines that soils or other pertinent conditions
require such greater setback to reasonably protect the water quality
of the water body involved.
e. The project would not have an undue adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic,
recreational or open space resources of the park or upon the ability
of the public to provide supporting facilities and services made
necessary by the project, taking into account the commercial,
industrial, residential, recreational or other benefits that might be
derived from the project. In making this determination, as to the
impact of the project upon such resources of the park, the agency
shall consider those factors contained in the development
considerations of the plan which are pertinent to the project under
review.
11. Where there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of the provisions of the
plan or the shoreline restrictions, the agency shall have authority in
connection with a project under its review to vary or modify, after
public hearing thereon, the application of any of such provisions or
restrictions relating to the use, construction or alteration of
buildings or structures, or the use of land, so that the spirit of the
provisions or restrictions shall be observed, public safety and
welfare secured and substantial justice done.
12. The agency may conduct such investigations, examinations tests
and site evaluations as it deems necessary to verify information
contained in an application for a development permit, and the project
sponsor, or owner of the land upon which the project is proposed,
shall grant the agency or its agents permission to enter upon his land
for these purposes.
13. The agency shall have authority to impose such requirements and
conditions with its granting of a permit as are allowable within the
proper exercise of the police power. The agency shall have specific
authority in connection with its project review jurisdiction: a. To
impose reasonable conditions and requirements, including the posting
of performance bonds in favor of the local government as obligee, to
ensure that any project for which a permit is granted will be
adequately supported by basic services and improvements made necessary
by the project. The cost of any such services or improvements may be
imposed by requiring that the project sponsor provide the service or
improvement or reserve land, or any interest therein, or contribute
money in lieu thereof to the local government wherein the project is
proposed to be located if such local government consents thereto. In
the exercise of the authority contained in this provision, the agency
shall consult with the affected municipalities and give due
consideration to their views.
b. To impose reasonable conditions and requirements to ensure that a
project for which a permit is granted by the agency, when undertaken
or continued, will be completed in accordance with the terms and
conditions of the permit, and that the project sponsor furnish
appropriate guarantees of completion or otherwise demonstrate
financial capacity to complete the project or any material part
thereof and furnish appropriate guarantees or otherwise demonstrate
that the project will be managed and maintained once completed in
accordance with the terms of the permit.
c. To impose reasonable conditions and requirements to ensure that
upon approval of a project the applicable overall intensity guideline
for the land use area involved will be respected. Such requirement may
include the restriction of land against further development of
principal buildings, whether by deed restriction, restrictive covenant
or other similar appropriate means.
d. To allow, upon request of a project sponsor, projects to be
reviewed conceptually, and thereafter or simultaneously therewith to
be divided into and reviewed by sections, and to grant or deny permits
for such sections. Conceptual determinations may be made, and
sectional permits may be granted subject to the provision of those
requirements and conditions for improvements and services for, and for
completion of the total project as the agency deems reasonable and
necessary. Conceptual review shall focus upon the existing
environmental setting and the likely impacts which would result from
the project, including all proposed phases or segments thereof, but
shall not result in a binding approval or disapproval. The agency
shall in rules and regulations establish criteria, guidelines, and
procedures for the conceptual and sectional review of proposed
projects. Except to the extent, and only for such period of time as
otherwise specifically stated in the agency`s decision upon an
application for a sectional permit, the granting of any sectional
permit shall not constitute a finding, or be binding upon the agency,
with respect to any portion of the total project not included in the
section for which the permit is granted.
e. To issue a general permit for any class of projects concerning
which the agency determines it may make the requisite statutory
findings on a general basis.
14. The agency may, after public hearing, adopt, and have authority
to amend or repeal, rules and regulations, consistent with the
provisions of this section, to govern its project review procedures
and to provide further guidance to potential project sponsors through
further definition of the development considerations as they would
apply to specific classes of projects in specific physical and
biological conditions. Such rules and regulations may include but not
be limited to:
a. Procedures prior to formal application to the agency for a permit
for the informal discussion of preliminary plans for a proposed
project and for preliminary approval or recommendations in regard to
the project. Such informal discussion shall be optional with the
project sponsor and no such preliminary approval of recommendations
shall relieve the sponsor from complying with the provisions governing
submission of a project for review and obtaining a permit therefor as
provided in this section.
b. Procedures for cooperation and joint action, including joint
hearings, insofar as practical, with other state agencies having
review or regulatory jurisdiction which relates with that of the
agency`s so as to avoid unnecessary costs and burdens both to the
state and to project sponsors and landowners.
c. Procedures to insure communication and discussion with any
federal agency, including the Army Corps of engineers and the soil
conservation service, in regard to any federal development proposals
in the park.
Such agency rules and regulations, and any amendments thereof, shall
be adopted only after consultation with the Adirondack park local
government review board and at least one public hearing thereon.
Fifteen days notice of such hearing shall be made by publication at
least once in a newspaper of general circulation in each county wholly
or partially within the Adirondack park and in a least three
metropolitan areas of the state, and by individual notice served by
mail upon the clerk of each county and each local government of the
park, and the chairman of all local government, county and regional
planning agencies having jurisdiction in the park. Such notice shall
contain a statement describing the subject matter of the proposed
rules and regulations, and the time and place of the hearing and where
further information thereon may be obtained.
15. 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 adopted under subdivision
fourteen.
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S 810. Class A and class B regional projects. All references in this
article to class A regional projects or to class B regional projects
shall mean, for the land use areas indicated, the following new land
uses or development or subdivisions of land: 1. Class A regional
projects. a. Hamlet areas. (1) All land uses and development and all
subdivisions of land involving wetlands except for forestry uses
(other than timber harvesting that includes a proposed clearcutting of
any single unit of land of more than twenty-five acres), agricultural
uses, public utility uses, and accessory uses or structures (other
than signs) to any such use or to any pre-existing use.
(2) Any class of land use or development or subdivision of land that
by agreement between a local government and the agency, either prior
to or at the time a local land use program is approved by the agency,
is to be reviewed by the agency; provided, however, that any class of
projects so agreed upon must be designated by and its review
authorized in a local ordinance or local law.
(3) All land uses and development and all subdivisions of land
involving one hundred or more residential lots, parcels or sites or
residential units, whether designed for permanent, seasonal or
transient use.
(4) All structures in excess of forty feet in height, except
agricultural use structures and residential radio and television
antennas.
(5) Commercial or private airports.
(6) Watershed management and flood control projects.
(7) Any material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
b. Moderate intensity use areas. (1) All land uses and development
and all subdivisions of land located in the following critical
environmental areas: (a) within one-quarter mile of rivers navigable
by boat designated to be studied as wild, scenic or recreational in
accordance with the environmental conservation law during the period
of such designation; (b) involving wetlands; (c) at elevations of
twenty-five hundred feet or more; (d) within one-eighth mile of tracks
of forest preserve land or water now or hereafter classified as
wilderness, primitive or canoe in the master plan for management of
state lands, except for an individual single family dwelling and
accessory uses or structures thereto. Provided, however, that the
above shall not include forestry uses (other than clear-cutting as
specified in number nine below), agricultural uses, open space
recreation uses, public utility uses, and accessory uses or structures
(other than signs) to any such use or to any pre-existing use.
(2) Any class of land use or development or subdivision of land that
by agreement between a local government and the agency, either prior
to or at the time a local land use program is approved by the agency,
is to be reviewed by the agency; provided, however, that any class of
projects so agreed upon must be designated by and its review
authorized in a local ordinance or local law.
(3) All land uses and development and all subdivisions of land
involving seventy-five or more residential lots, parcels or sites or
residential units, whether designed for permanent, seasonal or
transient use.
(4) Commercial or agricultural service uses involving ten thousand
or more square feet of floor space.
(5) All structures in excess of forty feet in height, except
agricultural use structures and residential radio and television
antennas.
(6) Tourist attractions.
(7) Ski centers.
(8) Commercial or private airports.
(9) Timber harvesting that includes a proposed clearcutting of any
single unit of land of more than twenty-five acres.
(10) Sawmills, chipping mills, pallet mills and similar wood using
facilities.
(11) Mineral extractions.
(12) Mineral extraction structures.
(13) Watershed management and flood control projects.
(14) Sewage treatment plants.
(15) Major public utility uses.
(16) Industrial uses.
(17) Any material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
c. Low intensity use areas. (1) All land uses and development and
all subdivisions of land located in the following critical
environmental areas: (a) within one-quarter mile of rivers navigable
by boat designated to be studied as wild, scenic or recreational in
accordance with the environmental conservation law during the period
of such designation; (b) involving wetlands; (c) at elevations of
twenty-five hundred feet or more; (d) within one-eighth mile of tracts
of forest preserve land now or hereafter classified as wilderness,
primitive or canoe in the master plan for management of state lands,
except for an individual single family dwelling and accessory uses or
structures thereto. Provided, however, that the above shall not
include forestry uses (other than clear-cutting as specified in number
nine below), agricultural uses, open space recreation uses, public
utility uses, and accessory uses or structures (other than signs) to
any such use or to any pre-existing use.
(2) Any class of land use or development or subdivision of land that
by agreement between a local government and the agency, either prior
to or at the time a local land use program is approved by the agency,
is to be reviewed by the agency; provided, however, that any class of
projects so agreed upon must be designated by and its review
authorized in a local ordinance or local law.
(3) All land uses and development and all subdivisions of land
involving thirty-five or more residential lots, parcels or sites or
residential units, whether designed for permanent, seasonal or
transient use.
(4) Commercial or agricultural service uses involving five thousand
or more square feet of floor space.
(5) All structures in excess of forty feet in height, except
agricultural use structures and residential radio and television
antennas.
(6) Tourist attractions.
(7) Ski centers.
(8) Commercial or private airports.
(9) Timber harvesting that includes a proposed clearcutting of any
single unit of land of more than twenty-five acres.
(10) Sawmills, chipping mills, pallet mills and similar wood using
facilities.
(11) Mineral extractions.
(12) Mineral extraction structures.
(13) Watershed management and flood control projects.
(14) Sewage treatment plants.
(15) Waste disposal areas.
(16) Junkyards.
(17) Major public utility uses.
(18) Industrial uses.
(19) Any material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
d. Rural use areas. (1) All land uses and development and all
subdivisions of land located in the following critical environmental
areas: (a) within one-quarter mile of rivers navigable by boat
designated to be studied as wild, scenic or recreational in accordance
with the environmental conservation law during the period of such
designation; (b) involving wetlands; (c) at elevations of twenty-five
hundred feet or more; (d) within one-eighth mile of tracts of forest
preserve land or water now or hereafter classified as wilderness,
primitive or canoe in the master plan for management of state lands,
except for an individual single family dwelling and accessory uses or
structures thereto; (e) within one hundred fifty feet of the edge of
the right of way of federal or state highways, except for an
individual single family dwelling and accessory uses or structures
thereto; (f) within one hundred fifty feet of the edge of the right of
way of county highways designated by rule or regulation of the agency
adopted pursuant to subdivision fourteen of section eight hundred nine
or in an approved local land use program, as major travel corridors by
the agency or local government, except for an individual single family
dwelling and accessory uses or structures thereto. Provided, however,
that the above shall not include forestry uses (other than
clear-cutting as specified in number ten below and sand and gravel
pits associated with such uses located within one hundred fifty feet
of the edge of the right of way of the above described travel
corridors), agricultural uses (other than sand and gravel pits
associated with such uses located within one hundred fifty feet of the
edge of the right of way of the above described travel corridors),
open space recreation uses, public utility uses, and accessory uses or
structures (other than signs) to any such uses or to any pre-existing
use.
(2) Any class of land use or development or subdivision of land that
by agreement between a local government and the agency, either prior
to or at the time a local land use program is approved by the agency,
is to be reviewed by the agency; provided, however, that any class of
projects so agreed upon must be designated by and its review
authorized in a local ordinance or local law.
(3) All land uses and development and all subdivisions of land
involving twenty or more residential lots, parcels or sites or
residential units, whether designed for permanent, seasonal or
transient use.
(4) Commercial and agricultural service uses involving twenty-five
hundred or more square feet of floor space.
(5) All structures in excess of forty feet in height, except
agricultural use structures and residential radio and television
antennas.
(6) Tourist accommodations.
(7) Ski centers.
(8) Commercial seaplane bases.
(9) Commercial or private airports.
(10) Timber harvesting that includes a proposed clearcutting of any
single unit of land of more than twenty-five acres.
(11) Sawmills, chipping mills, pallet mills and similar wood using
facilities.
(12) Mineral extractions.
(13) Mineral extraction structures.
(14) Watershed management and flood control projects.
(15) Sewage treatment plants.
(16) Waste disposal areas.
(17) Junkyards.
(18) Major public utility uses.
(19) Industrial use.
(20) Any material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
e. Resource management areas. (1) All land uses and development and
all subdivisions of land located in the following critical
environmental areas: (a) within one-quarter mile of rivers navigable
by boat designated to be studied as wild, scenic or recreational in
accordance with the environmental conservation law during the period
of such designation; (b) involving wetlands; (c) at elevations of
twenty-five hundred feet or more; (d) within one-eighth mile of tracts
of forest preserve land or water now or hereafter classified as
wilderness, primitive or canoe in the master plan for management of
state lands, except for an individual single family dwelling and
accessory uses or structures thereto; (e) within three hundred feet of
the edge of the right of way of federal or state highways, except for
an individual single family dwelling and accessory uses or structures
thereto; (f) within three hundred feet of the edge of the right of way
of county highways designated as major travel corridors by rule or
regulation of the agency adopted pursuant to subdivision fourteen of
section eight hundred nine or in an approved local land use program,
except for an individual single family dwelling and accessory uses or
structures thereto. Provided, however, that the above shall not
include forestry uses (other than clearcutting as specified in number
eleven below and sand and gravel pits associated with such uses
located within three hundred feet of the edge of the right of way of
the above described travel corridors), agricultural uses (other than
sand and gravel pits associated with such uses located within three
hundred feet of the edge of the right of way of the above described
travel corridors), open space recreation uses, public utility uses,
and accessory uses or structures (other than signs) to any such uses
or to any pre-existing use.
(2) Any class of land use or development or subdivision of land that
by agreement between a local government and the agency, either prior
to or at the time a local land use program is approved by the agency,
is to be reviewed by the agency; provided, however, that any class of
projects so agreed upon must be designated by and its review
authorized in a local ordinance or local law.
(3) All subdivisions of land (and all land uses and development
related thereto) involving two or more lots, parcels or sites.
(4) Campgrounds involving fifty or more sites.
(5) Group camps.
(6) Ski centers and related tourist accommodations.
(7) Agricultural service uses.
(8) All structures in excess of forty feet in height, except
agricultural use structures and residential radio and television
antennas.
(9) Sawmills, chipping mills and pallet mills and similar wood using
facilities.
(10) Commercial sand and gravel extractions.
(11) Timber harvesting that includes a proposed clearcutting of any
single unit of land of more than twenty-five acres.
(12) Mineral extractions.
(13) Mineral extraction structures.
(14) Watershed management and flood control projects.
(15) Sewage treatment plants.
(16) Major public utility uses.
(17) Any material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
f. Industrial use areas.
(1) Mineral extractions.
(2) Mineral extraction structures.
(3) Commercial sand and gravel extractions.
(4) Major public utility uses.
(5) Sewage treatment plants.
(6) Waste disposal areas.
(7) Junkyards.
(8) Any material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
2. Class B regional projects. a. Moderate intensity use areas. (1)
Subdivisions of land (and all land uses and development related
thereto) involving fifteen or more but less than seventy-five lots,
parcels or sites, other than subdivisions of land involving mobile
homes.
(2) Subdivisions of land (and all land uses and development related
thereto) involving less than fifteen lots, parcels or sites, other
than subdivisions of land involving mobile homes, which do not meet
the following criteria: (a) In the case of such subdivisions involving
land having shoreline, each lot, parcel or site is at least
twenty-five thousand square feet in size and complies with all of the
provisions of the shoreline restrictions.
(b) In the case of such subdivisions not involving land having
shoreline, each lot, parcel or site is at least forty thousand square
feet in size.
Any subdivision or subsequent subdivision of such land, either by
the original owner or subsequent owners, shall be subject to review as
a class B regional project where the total number of lots, parcels or
sites resulting from such subdivision and any prior subdivision or
subdivisions exceeds fourteen.
(3) Multiple family dwellings.
(4) Mobile home courts.
(5) Subdivisions of land involving mobile homes (and all land uses
and development related thereto) and involving two or more lots,
parcels or sites.
(6) Public and semi-public buildings.
(7) Municipal roads.
(8) Commercial or agricultural service uses involving less than ten
thousand square feet of floor space.
(9) Tourist accommodations.
(10) Marinas, boatyards and boat launching sites.
(11) Golf courses.
(12) Campgrounds.
(13) Group camps.
(14) Commercial seaplane bases.
(15) Commercial sand and gravel extractions.
(16) Land use or development or subdivisions of land involving the
clustering of buildings on land having shoreline on the basis of a
specified number of principal buildings per linear mile or
proportionate fraction thereof, as provided for in the shoreline
restrictions.
(17) Any land use or development not now or hereafter included on
either the list of primary uses or the list of secondary uses for
moderate intensity use areas.
(18) An individual single family dwelling within one-eighth mile of
tracts of forest preserve land or water now or hereafter classified as
wilderness primitive or canoe in the master plan for management of
state lands.
(19) All land uses and development and all subdivisions of land
within one-quarter mile of rivers designated to be studied as wild,
scenic or recreational in accordance with the environmental
conservation law, other than those navigable by boat, during the
period of such designation.
(20) Any material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
b. Low intensity use areas. (1) Subdivisions of land (and all land
uses and development related thereto) involving ten or more but less
than thirty-five lots, parcels or sites, other than subdivisions of
land involving mobile homes.
(2) Subdivisions of land (and all land uses and development related
thereto) involving less than ten lots, parcels or sites which do not
meet the following criteria: (a) In the case of such subdivisions
involving land having shoreline, each lot, parcel or site is at least
fifty thousand square feet in size and complies with all of the
provisions of the shoreline restrictions.
(b) In the case of such subdivisions not involving land having
shoreline, each lot, parcel or site is at least one hundred twenty
thousand square feet in size.
Any subdivision or subsequent subdivision of such land, either by
the original owner or subsequent owners, shall be subject to review as
a class B regional project where the total number of lots, parcels or
sites resulting from such subdivision and any prior subdivision or
subdivisions exceeds nine.
(3) Multiple family dwellings.
(4) Mobile home courts.
(5) Mobile home subdivisions (and all land uses and development
related thereto) involving two or more lots, parcels or sites.
(6) Public and semi-public buildings.
(7) Municipal roads.
(8) Commercial or agricultural service uses involving less than five
thousand square feet of floor space.
(9) Tourist accommodations.
(10) Marinas, boatyards and boat launching sites.
(11) Golf courses.
(12) Campgrounds.
(13) Group camps.
(14) Commercial seaplane bases.
(15) Commercial sand and gravel extractions.
(16) Land use or development or subdivision of land involving the
clustering of buildings on land having shoreline on the basis of a
specified number of principal buildings per linear mile or
proportionate fraction thereof, as provided for in the shoreline
restrictions.
(17) Any land use or development not now or hereafter included on
either the list of primary uses or the list of secondary uses for low
intensity use areas.
(18) An individual single family dwelling within one-eighth mile of
tracts of forest preserve land or water now or hereafter classified as
wilderness, primitive or canoe in the master plan for management of
state lands.
(19) All land uses and development and all subdivisions of land
within one-quarter mile of rivers designated to be studied as wild,
scenic or recreational in accordance with the environmental
conservation law, other than those navigable by boat, during the
period of such designation.
(20) Any material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
c. Rural use areas. (1) Subdivisions of land (and all land uses and
development related thereto) involving five or more but less than
twenty lots, parcels or sites, other than subdivisions of land
involving mobile homes.
(2) Subdivisions of land (and all land uses and development related
thereto) involving less than five lots, parcels or sites which do not
meet the following criteria: (a) In the case of such subdivisions
involving land having shoreline, each lot, parcel or site is at least
eighty thousand square feet in size and complies with all of the
provisions of the shoreline restrictions of the plan.
(b) In the case of such subdivisions not involving land having
shoreline, each lot, parcel or site is at least three hundred twenty
thousand square feet in size.
Any subdivision or subsequent subdivision of such land, either by
the original owner or subsequent owners, shall be subject to review as
a class B regional project where the total number of lots, parcels or
sites resulting from such subdivision and any prior subdivision or
subdivisions exceeds four.
(3) Multiple family dwellings.
(4) Mobile home courts.
(5) Mobile home subdivisions (and all land uses and development
related thereto) involving two or more lots, parcels or sites.
(6) Public and semi-public buildings.
(7) Municipal roads.
(8) Marinas, boatyards and boat launching sites.
(9) Golf courses.
(10) Campgrounds.
(11) Group camps.
(12) Commercial sand and gravel extractions.
(13) Land use or development or subdivision of land involving the
clustering of buildings on land having shoreline on the basis of a
specified number of principal buildings per linear mile or
proportionate fraction thereof, as provided for in the shoreline
restrictions.
(14) All land uses and development and all subdivisions of land
within one quarter mile of rivers designated to be studied as wild,
scenic or recreational in accordance with the environmental
conservation law, other than those navigable by boat, during the
period of such designation.
(15) Any land use or development not now or hereafter included on
either the list of primary uses or the list of secondary uses for
rural use areas.
(16) Commercial and agricultural service uses involving less than
twenty-five hundred square feet.
(17) An individual single family dwelling within one-eighth mile of
tracts of forest preserve land or water described in item (d) of
clause (1) of paragraph d of subdivision one or within one hundred
fifty feet of a travel corridor described in such paragraph.
(18) Any material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
d. Resource management areas. (1) Single family dwellings.
(2) Individual mobile homes.
(3) Forestry use structures.
(4) Hunting and fishing cabins and hunting and fishing and other
private club structures involving five hundred or more square feet of
floor space.
(5) Land use or development or subdivision of land involving the
clustering of buildings on land having shoreline on the basis of a
specified number of principal buildings per linear mile or
proportionate fraction thereof, as provided in the shoreline
restrictions.
(6) Any land use or development not now or hereafter included on
either the list of primary uses or the list of secondary uses for
resource management areas.
(7) Municipal roads.
(8) Golf courses.
(9) An individual single family dwelling within one-eighth mile of
tracts of forest preserve land or waters described in item (d) of
clause (1) of paragraph d of subdivision one or within three hundred
feet of a travel corridor described in such paragraph.
(10) Campgrounds involving fewer than fifty sites.
(11) All land uses and development and all subdivisions of land
within one-quarter mile of rivers designated to be studied as wild,
scenic and recreational in accordance with the environmental
conservation law, other than those navigable by boat, during the
period of such designation.
(12) Any material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
e. Industrial use areas. (1) Sawmills, chipping mills, pallet mills
and similar wood using facilities.
(2) Industrial uses.
(3) Commercial uses.
(4) Agricultural service uses.
(5) Public and semi-public buildings.
(6) Municipal roads.
(7) Any land use or development not now or hereafter included on
either the list of primary uses or the list of secondary uses for
industrial use areas.
(8) Any material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
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S 811. Special provisions relating to agency project review
jurisdiction and the shoreline restrictions. 1. Notwithstanding any
other provision of this article, including the provisions of the land
use and development plan and the shoreline restrictions, the following
provisions shall apply in connection with the project review
jurisdiction of the agency under section eight hundred nine and
application of the shoreline restrictions either by the agency in the
review of a project or by operation of section eight hundred six.
a. Single family dwelling on existing vacant lot. One single family
dwelling or mobile home shall be allowed to be built on any vacant lot
which was on record on the date that this act shall become a law
regardless of the overall intensity guidelines, or the minimum lot
width provisions of the shoreline restrictions. For the purposes of
this exemption, such a lot must not adjoin other lots in the same
ownership, provided however, that all such lots in the same ownership
may be treated together as one lot. In addition to the foregoing
exemption, where the agency has jurisdiction, for a reason other than
its location in a critical environmental area, of a single family
dwelling or mobile home on a lot described in this paragraph which is
owned by an individual who has continually owned such lot since May
twenty-second, nineteen hundred seventy-three, it may not disapprove
the project on any of the grounds specified in paragraph e of
subdivision ten of section eight hundred nine, but may impose such
reasonable conditions on the type and manner of placement of any
individual on-site sewage disposal facilities as are in furtherance of
the purposes of this article and in compliance with applicable
standards of the department of health.
b. Conversions of certain existing uses. Those structures in
existence on the date that this act shall become a law that are
associated with resort hotels, rental cottages and group camps shall
be allowed to be converted from their previous use to individual
single family residence use, notwithstanding the fact that such
structures, as converted, do not conform to the overall intensity
guidelines or the shoreline restrictions.
c. Gifts, devises and inheritances. The mere division of land
resulting from bona fide gift, devise or inheritance by and from
natural persons shall not be subject to review by the agency. New land
use or development on lots, parcels or sites conveyed by individuals,
who on the date that this act shall become law own such land, to
members of their immediate families by bona fide gift, devise or
inheritance, shall be exempt from the overall intensity guidelines and
the minimum lot size criteria specified in the class B regional
project lists for the purpose of constructing one single family
dwelling or mobile home on any such lot, parcel or site.
2. Any pre-existing land use and development shall not be subject to
review by the agency.
3. Any (a) pre-existing subdivision of land, (b) any subdivision or
portion of a subdivision that involves seventy-five or fewer lots,
parcels or sites for the completion of which any or all permits and
other approvals required by or pursuant to law were obtained after
July first, nineteen hundred seventy-one and for which all such
required permits were in full force and effect on July thirty-first,
nineteen hundred seventy-three, or (c) individual single family
dwelling or mobile home, erected or placed on any lot, parcel or site
in any subdivision referred to in clauses (a) and (b) hereof which has
been approved by the state department of health, shall not be subject
to review by the agency, provided, however, that a subdivision or
portion of a subdivision described in clause (b) hereof shall become
subject to review by the agency on August first, nineteen hundred
seventy-four if such subdivision or portion is not in existence on
said date. Any individual single family dwelling or mobile home
referred to in clause (c) of this subdivision hereof shall not be
subject to the minimum lot width provisions of the shoreline
restrictions.
4. With respect to any land use or development or subdivision of
land or portion thereof approved by the agency under its interim
project review authority, in section eight hundred fifteen, such land
use or development or subdivision or portion thereof may proceed in
accordance with the terms of the approval and shall not be subject to
further review by the agency so long as such land use or development
or subdivision or portion thereof is substantially commenced and/or
material expenditures and financial obligations have been incurred
with regard to such land use or development or subdivision or portion
thereof within two years of such approval.
5. Any existing land use or development, including any structure
being restored or rebuilt in whole or in part, being increased or
expanded, whether in successive stages or at one time, to a total of
less than twenty-five percent of its size or square footage at the
date of enactment or when originally built or undertaken, whichever is
later, shall not be subject to review by the agency. Any material
increase or expansion thereafter shall constitute a reviewable land
use or development if otherwise within the agency`s review
jurisdiction. In no case shall any increase or expansion violate, or
increase non-compliance with, the minimum setback requirements of the
shoreline restrictions. Notwithstanding the foregoing, a single family
dwelling or mobile home may always be enlarged or rebuilt to any
extent provided that it continues to be used as such, provided,
however, that no such increase or expansion shall violate, or increase
any non-compliance with, the minimum setback requirements of the
shoreline restrictions.
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S 812. Public hearings. 1. Public hearings authorized or required by
section eight hundred nine to be held by the agency in connection with
the review of projects shall be conducted as provided in this section,
the applicable project review rules and regulations of the agency
adopted under subdivision fourteen of such section, and the state
administrative procedure act.
2. Notice of such public hearings shall be given as required in
section eight hundred nine. Individual notices of hearing required
under such section shall be served by mail in the manner required by
section eight hundred nine of this article to the last known address
of such individuals. Individual notice of hearing shall also be so
served on any other person or agency, public or private, as may be
required under the agency`s project review rules and regulations.
3. Parties to a public hearing shall be the project sponsor and any
person or agency entitled to individual notice and any other person or
agency as may be authorized under the agency`s project review rules
and regulations.
4. The public hearing may, if authorized by the agency`s project
review rules and regulations, be conducted by any member or designee
of the agency, but any findings, decision, order, permit or
certificate of the agency shall be adopted by the agency, all members
voting having familiarized themselves with the record.
5. The agency, or member or designee thereof presiding at the
hearing shall have power to administer oaths and issue subpoenas to
compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested by
the parties.
6. The parties shall be afforded the opportunity to present evidence
and argument and, in the case of the project sponsor, any person or
agency entitled by law to individual notice and any other public
agency, to cross-examine witnesses on all relevant issues, but the
member or designee presiding may impose reasonable limitations as to
time and number of persons heard.
7. The agency shall keep a verbatim record of the proceedings and
certified copies shall be made available, and for such reasonable
charges, as may be provided by rule or regulation of the agency.
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S 813. Penalties and enforcement. 1. Any person who violates any
provision of this article or any rule or regulation promulgated by the
agency, or the terms or conditions of any order or permit issued by
the agency pursuant to this article shall be liable to a civil penalty
of not more than five hundred dollars for each day or part thereof
during which such violation continues. The civil penalties provided
by this subdivision shall be recoverable in an action instituted in
the name of the agency by the attorney general on his own initiative
or at the request of the agency.
2. Alternatively or in addition to an action to recover the civil
penalties provided by subdivision one of this section, the attorney
general may institute in the name of the agency any appropriate action
or proceeding to prevent, restrain, enjoin, correct or abate any
violation of, or to enforce, any provision of this article or any rule
or regulation promulgated by the agency, or the terms or conditions of
any order or permit issued by the agency pursuant to this article.
The court in which the action or proceeding is brought may order the
joinder of appropriate persons as parties and may order the
appropriate person or the person responsible for the violation to take
such affirmative measures as are properly within its equitable powers
to correct or ameliorate the violation, having regard to the purposes
of this article and the determinations required by subdivision ten of
section eight hundred nine.
3. Such civil penalty may be released or compromised by the agency
before the matter has been referred to the attorney general, and where
such matter has been referred to the attorney general, any such
penalty may be released or compromised and any action or cause of
action commenced to recover the same may be settled or discontinued by
the attorney general with the consent of the agency.
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S 814. State agency projects. 1. Any state agency which intends to
undertake any new land use or development within the Adirondack park,
other than land use or development by the department of environmental
conservation pursuant to the master plan for management of state
lands, irrespective of whether the land use area wherein the project
is proposed to be located is governed by an approved local land use
program shall give due regard to the provisions of the plan and the
shoreline restrictions and shall file a notice of such intent thereof
with the agency. Such notice shall be filed at the earliest time
practicable in the planning of such project, and in no event later
than the submission of a formal budget request for the funding of such
project or any part thereof. Such notice shall contain a description
of the proposed project, together with such additional information
relating thereto as the agency may determine necessary and appropriate
for the purposes of this section. The state agency shall not undertake
such project for a period of thirty days, or such earlier time as the
agency may specify, following the filing of the notice of intent.
2. During such thirty-day period, the agency may review the project
to determine whether it: a. might be inconsistent with the provisions
of the plan and shoreline restrictions, or
b. may have an undue adverse impact upon the natural, scenic,
aesthetic, ecological, wildlife, historic, recreational or open space
resources of the park, taking into account the economic and social
benefits to be derived from such project. In making such
determination, the agency shall apply the development considerations.
3. If, on or before the conclusion of such thirty-day period, the
agency determines that the project will not be inconsistent with such
provisions or restrictions and will not have an undue adverse impact
upon such resources, it shall report its findings to the state agency.
If the agency determines, at or before the conclusion of such period,
that the project might be inconsistent with such provisions or
restrictions, or might have such an undue adverse impact upon such
resources, it shall notify the state agency by mail, that the agency
will hold public hearing on the project within thirty days of such
notice and, at the same time, issue an order to the state agency not
to undertake the project for up to ninety days following the
commencement of such public hearing. During such ninety-day or lesser
period, the agency shall further review the project and determine
whether or not it will be inconsistent with such provisions or
restrictions or have such undue adverse impact. On or before the
conclusion of such ninety-day period, the agency shall report its
findings in the manner provided above.
4. 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.
5. The agency may adopt, and have authority to amend or repeal,
rules and regulations, consistent with this section, to govern its
procedures for the reviews authorized by this section.
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S 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.
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S 816. Master plan for management of state lands. 1. The department
of environmental conservation is hereby authorized and directed to
develop, in consultation with the agency, individual management plans
for units of land classified in the master plan for management of
state lands heretofore prepared by the agency in consultation with the
department of environmental conservation and approved by the governor.
Such management plans shall conform to the general guidelines and
criteria set forth in the master plan. Until amended, the master plan
for management of state lands and the individual management plans
shall guide the development and management of state lands in the
Adirondack park.
2. The master plan and the individual management plans shall be
reviewed periodically and may be amended from time to time, and when
so amended shall as amended henceforth guide the development and
management of state lands in the Adirondack park. Amendments to the
master plan shall be prepared by the agency, in consultation with the
department of environmental conservation, and submitted after public
hearing to the governor for his approval.
3. The agency and department are hereby authorized to develop rules
and regulations necessary, convenient or desirable to effectuate the
purposes of this section.
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S 817. Activities of the United States in the Adirondack park. 1.
It is hereby declared to be the policy of this state that new land use
or development or acquisition of land by the United States within the
Adirondack park shall conform to the land use and development plan and
the master plan for the management of state lands so far as
practicable, and to any further extent as the Congress of the United
States may by law provide.
2. The agency may, upon request of the United States, advise whether
any particular proposed land use and development or acquisition will
conform to the land use and development plan or the master plan.
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S 818. Judicial review. 1. Any act, omission, or order of the agency
or of any officer or employee thereof, pursuant to or within the scope
of this article, may be reviewed at the instance of any aggrieved
person in accordance with article seventy-eight of the civil practice
law and rules, but application for such review must be made not later
than sixty days from the effective date of the order or the date when
the act or omission occurred.
2. Any local government which appears as a party in any proceeding
before the agency, shall have standing to have the agency`s decision
on such project reviewed pursuant to article seventy-eight of the
civil practice law and rules.
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S 819. Applicability. 1. No provision of this article shall be
construed to prohibit any local government from adopting and enforcing
land use and development controls for lands, other than those owned by
the state.
2. Any local land use program which has been validly enacted or
adopted by a municipality shall be valid and enforceable
notwithstanding its not having been approved by the agency, and any
new land use or development or subdivision of land shall be subject to
the provisions of such local land use program and to the shoreline
restrictions contained in section eight hundred six. If the agency has
project review jurisdiction over any such land use or development or
subdivision of land under section eight hundred nine, such land use,
development or subdivision shall, in addition to its being subject to
the provisions of any such local land use program, be subject to such
agency jurisdiction. The project sponsor may not undertake or continue
such land use, development or subdivision, however, or any part
thereof, notwithstanding the granting of a permit therefor by the
agency, unless such undertaking or continuance is also permitted by
the municipality under and in accordance with the provisions of its
local land use program.
3. No provision of this article shall be deemed to prohibit any land
use and development or subdivision of land existing prior to the
effective date of this article, including those uses and development
and subdivisions of land expressly not subject to agency review as
provided in section eight hundred eleven.
4. Nothing in this article shall be construed to empower the agency
to acquire any interest in real property by purchase or condemnation.
No right of first refusal or first option to purchase in favor of the
agency, the department of environmental conservation or any other
state agency shall in any way be created by this article or the land
use and development plan.
5. Nothing in this article shall be construed to supersede or
replace or diminish in any way any regulatory or review authority of
any other state agency.
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S 820. Severability. If any section of this article or the
application thereof to any person or circumstances shall be adjudged
invalid by a court of competent jurisdiction, such order or judgment
shall be confined in its operation to the controversy in which it was
rendered, and shall not affect or invalidate the remainder of any
provision of any section or the application of any part thereof to any
other person or circumstance and to this end the provisions of each
section of the article are hereby declared to be severable.
