The purpose of this article is to further the general purposes,
policies and objectives of this chapter and Article 27 of the Executive
Law by establishing requirements and administrative procedures for
the review of Class B regional projects by the Planning Board and
by setting forth criteria for review of Class A regional projects
by the Adirondack Park Agency.
A.
Class B regional projects. No person shall undertake a permitted principal use, special use or other use for which a variance has been granted pursuant to Article X of this chapter, which is also a Class B regional project, unless and until the Planning Board shall have reviewed and approved or approved with conditions such project, and the Zoning Officer has issued a land use and development permit and/or certificate of compliance with respect thereto pursuant to the terms of Article XI hereof.
B.
Class A regional projects. No person shall undertake a Class A regional
project unless and until the Agency shall have reviewed and approved
or approved subject to conditions such project and has issued an Agency
permit with respect thereto pursuant to the terms of Article 27 of
the Executive Law of the State of New York and the pertinent Agency
rules and regulations.
The Planning Board is hereby authorized to approve, approve
subject to conditions and disapprove all Class B regional projects
proposed to be located within the territory of the Town pursuant to
and in accordance with the requirements and procedures set forth in
this article.
If a Class B regional project is also a Class A regional project
or Class A subdivision, the project will be deemed to be a Class A
regional project or Class A subdivision in its entirety and subject
to the review authority of the Adirondack Park Agency and the Planning
Board.
The Planning Board shall not approve a Class B regional project
unless it first determines that such project meets the following criteria:
B.
The project would not have an undue adverse impact upon the natural,
scenic, aesthetic, ecological, wildlife, historic, recreational or
open space resources of the Adirondack 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, the Planning Board shall consider those
factors pertinent to the project contained in the development considerations
set forth in Appendix D hereof.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
Application for project approval shall be made to the Zoning Officer who shall review the application for completeness and if, in his/her reasonable judgment, the application is complete, shall refer it to the Planning Board. All applications shall be made on forms prescribed by the Planning Board and furnished by the Zoning Officer; said forms, when completed, shall include such information as may be reasonably necessary to determine whether the requirements for approval set out in Article X, § 175-84, Requirements for Class B regional project approval, have been satisfied. In determining the content of these application forms, the Planning Board may provide for different informational requirements for different classes or types of projects, but with each certain class or type of project, the same information shall be required of every applicant. Such information required by these various application forms may include any or all of the following:
A.
A detailed description of the natural features of the project site.
B.
A detailed description of the land use plan of the project and its
components, including all proposed roads and accesses.
C.
Water supply and sewage disposal systems and their relationship to
natural features.
D.
An analysis with supporting data of the impact of the project on
the environment both during construction and thereafter.
E.
An analysis with supporting data of the ability of the public to
provide supporting services and facilities which can reasonably be
anticipated to be required following the approval of the project.
F.
An analysis with supporting data of any benefits that might derive
from the project; any plans the applicant may have for future development
related to the project.
G.
Information describing the applicant, his or its financial capacity
to complete the project as planned and any professional advisers or
consultants engaged in respect to the project.
A.
Referral of application to Agency and Board of Appeals. No later
than 10 days following receipt of a complete application for a Class
B regional project, the Zoning Officer shall notify the Adirondack
Park Agency and the Board of Appeals of such receipt, shall furnish
to each body a copy of the project application and shall furnish to
the Agency such further pertinent information as the Agency may deem
necessary and shall afford each body the opportunity to comment thereupon.
B.
Planning Board review and decision. Planning Board review of all Class B regional projects shall be in accordance with Article VI, § 175-41, Planning Board review and decision. However, in addition to the requirements of § 175-42, the Planning Board shall also mail a copy of the public notice to the Adirondack Park Agency (APA) and the Board of Appeals, and the APA shall be a full party in interest with standing to participate in any and all proceedings conducted pursuant to this section.
C.
Findings of fact, conditions and safeguards. Every Class B regional project decision rendered by the Planning Board shall be in writing and shall contain such findings of fact as are required by Article X, § 175-84, Requirements for Class B regional project approval, hereof. The Planning Board, in conjunction with its approval of any Class B regional project, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings, whether by deed restriction, restrictive covenant or other similar appropriate means, to ensure that guidelines as to intensity of development as provided in this chapter shall be respected. The Planning Board may also impose reasonable conditions to ensure that the project will be adequately supported by services and improvements made necessary by the project and to ensure that the project will be completed in accordance with the terms of the application and any permit and including, without limitation, the requirements and conditions authorized under Article VI, § 175-36, Purpose, § 175-42, Review standards and considerations, § 175-43, Site and lot considerations, and § 175-44, Governmental services and impact, of this chapter. In addition, the Planning Board may require that the Zoning Officer incorporate any such requirements and conditions in any permit issued with regard to such Class B regional project.
A.
Agency jurisdiction. The Adirondack Park Agency shall have jurisdiction
to review and approve, approve subject to conditions and disapprove
all Class A regional projects proposed to be located within the territory
of the Town, pursuant to and in accordance with § 809(9)
of the Adirondack Park - Agency Act,[1] the applicable Agency rules and regulations and the criteria
hereinafter set forth.
[1]
Editor's Note: See § 809, Subdivision 9, of the
Executive Law.
B.
Compatibility with Town regulations. The Adirondack Park Agency shall not approve a Class A regional project unless it first determines, after seeking consultation with the Planning Board and upon consideration of any advisory recommendations of the Planning Board relative to the project, that the project would comply with all provisions of this chapter, including those contained in Articles IV, V, VI and VII hereof, and of such other ordinances and regulations as shall be components of the Town land use program.
C.
Development considerations. In making the determination required
by § 809(9) of the Adirondack Park Agency Act[2] as to the impact of a proposed Class A regional project
upon the resources of the Adirondack Park, including the ability of
all levels of government to provide supporting facilities and services
made necessary by the project, the Agency shall consider those factors
pertinent to the project contained in the development considerations
set forth in Appendix D hereof.[3]
[2]
Editor's Note: See § 809, Subdivision 9, of the
Executive Law.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
Consultations. The Planning Board is hereby designated and appointed
as the appropriate Town body to consult with the Adirondack Park Agency
with regard to Agency review of Class A regional projects.
B.
Advisory recommendations.
(1)
As soon as reasonably practicable following receipt by the Planning
Board from the Adirondack Park Agency of notice of application completion
with regard to a Class A regional project, the Planning Board or one
or more designees thereof shall consult with the Agency for the purpose
of analyzing the project application and formulating advisory recommendations
as to whether the project meets all of the pertinent requirements
and conditions of the Town land use program.
(2)
No later than 30 days following receipt by the Planning Board from
the Agency of notice of application completion with regard to a Class
A regional project or such shorter period as may be agreed upon by
the Planning Board and the Agency, the Planning Board shall, by certified
mail, provide to the Agency its advisory recommendations as to whether
the project meets all of the pertinent requirements and conditions
of the Town land use program.
