B.
Moderate-intensity use areas.
(1)
All subdivisions of land located in the following critical environmental
areas:
(a)
Within 1/4 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 2,500 feet or more.
(d)
Within 1/8 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.
(2)
All subdivisions of land involving 75 or more residential lots, parcels
or sites.
C.
Low-intensity use areas.
(1)
All subdivisions of land located in the following critical environmental
areas:
(a)
Within 1/4 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 2,500 feet or more.
(d)
Within 1/8 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.
(2)
All subdivisions of land involving 35 or more residential lots, parcels
or sites.
D.
Rural use areas.
(1)
All subdivisions of land located in the following critical environmental
areas:
(a)
Within 1/4 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 2,500 feet or more.
(d)
Within 1/8 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.
(e)
Within 150 feet of the edge of the right-of-way of federal or
state highways.
(f)
Within 150 feet of the edge of the right-of-way of county highways
designated by rule or regulation of the Agency, adopted pursuant to
Subdivision 14 of § 809 of the Adirondack Park Agency Act,
as major travel corridors by the Agency.
(2)
All subdivisions of land involving 20 or more residential lots, parcels
or sites.
A.
Moderate-intensity use areas.
(1)
Subdivisions of land (and all land uses and development related
thereto) involving 15 or more but fewer than 75 lots, parcels or sites.
(2)
Subdivisions of land (and all land uses and development related
thereto) involving fewer than 15 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 25,000 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 40,000 square feet in size.
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Any subdivisions 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 14.
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(3)
Subdivisions of land involving the clustering of buildings on
land having shoreline on the basis of a specified number of principal
buildings or buildings per linear mile or proportionate fraction thereof,
as provided for in the shoreline restrictions in APA Act § 806.
(4)
Subdivisions of land within 1/2 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.
B.
Low-intensity use areas.
(1)
Subdivisions of land (and all land uses and development related
thereto) involving 10 or more but fewer than 35 lots, parcels or sites.
(2)
Subdivisions of land (and all land uses and development related
thereto) involving fewer than 10 lots, parcels or sites which do not
meet the following criteria:
(a)
In the case of such subdivision involving land having shoreline,
each lot, parcel or site is at least 50,000 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 120,000 square feet in size.
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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.
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(3)
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 in APA Act § 806.
(4)
Subdivisions of land within 1/2 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.
C.
Rural use areas.
(1)
Subdivisions of land (and all land uses and development related
thereto) involving five or more but fewer than 20 lots, parcels or
sites.
(2)
Subdivisions of land (and all land uses and development related
thereto) involving fewer 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 80,000 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 320,000 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)
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 in APA Act § 806.
(4)
Subdivisions of land within 1/2 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.
A.
Soils.
(1)
Soils, general.
(a)
Objective: prevent accelerated soil erosion and the potential
for earth slippage.
(b)
General guideline: respect existing natural features, such as
slope, soil texture and structure; minimize removal of vegetative
cover; rapidly revegetate cleared areas; limit cuts and fills; and
employ such erosion control devices and measures as are necessary
to promptly stabilize slopes and surfaces and to control runoff
(2)
Agricultural soils.
(a)
Objective: conserve viable agriculture soils.
(b)
General guideline: avoid activities on Class I and Class II
agricultural soils (as defined by the USDA Natural Resources Conservation
Service) presently in agricultural service which would diminish or
preclude continuing use thereof for agricultural purposes.
B.
Topography.
(1)
Topography, general.
(a)
Objective: minimize topographic alterations.
(b)
General guideline: minimize excavation, cuts and fills and site
grading by employing to advantage existing topographic features; and
avoid development activities on steep slopes where environmental damage
and costly development problems could result therefrom.
C.
Surface waters.
(1)
Water quality and eutrophication.
(a)
Objective: maintain or enhance existing physical, chemical and
biological water quality characteristics and prevent any undue acceleration
of existing rates of eutrophication of bodies of water.
(b)
General guideline: maintain wide buffer strips of natural vegetation
bordering water bodies; minimize channel disturbance and alterations;
preserve shoreline vegetation; minimize hydrologic changes which would
result from damming or impounding; avoid introduction of nutrients
from the use of fertilizers and from sewage effluent; and avoid introduction
of toxic materials to water bodies.
(2)
Surface drainage.
(a)
Objective: retain existing surface water drainage and runoff
patterns and existing flow characteristics.
(b)
General guideline: minimize alterations to existing drainage
patterns and drainage courses; preserve drainageways in their natural
state; and provide, where necessary, natural ponding areas and other
measures designed to provide natural retention of stormwater runoff
if development includes a significant area of impervious surface.
(3)
Floodplains.
(a)
Objective: maintain the storage capacity of floodplains and
their existing ability to convey water downstream; and avoid activities
in floodplains which will result in dangers to life, safety and property
if subjected to flooding.
(b)
General guideline: avoid the placement of buildings intended
for human habitation, commercial use and industrial use within floodplains;
avoid the use of fill to create elevated sites; and within any floodway
special zoning district and any floodway fringe special zoning district,
conform all development plans to the floodplain regulations.
D.
Groundwater.
(1)
Objective: preserve quality, infiltration rate and levels of
groundwater.
(2)
General guideline: comply, at a minimum, with applicable governmental
water pollutant discharge restrictions; particularly avoid discharges
of effluent potentially degrading to groundwater quality in proximity
to major aquifers and aquifer recharge areas; and avoid impairment
of aquifer recharge areas which could result from covering them with
impervious surfaces.
E.
Shorelines.
(1)
Objective: maintain or enhance the existing physical, biological
and aesthetic characteristics of the shoreline of all lakes, ponds,
rivers and streams.
(2)
General guideline: comply, at a minimum, with applicable governmental
shoreline restrictions; minimize construction or development of any
kind near or on the shorelines; avoid physical modifications of the
shorelines themselves; minimize the removal of vegetation along shorelines;
locate buildings so as to be partially screened from the shorelines
by natural vegetation; and maximize the preservation of stretches
of shoreline in a natural, unchanged and undeveloped state.
I.
Wetlands.
(1)
Objective: preserve the hydrologic, wildlife, vegetational,
aesthetic, educational, open space and recreational values of wetlands.
(2)
General guideline: avoid development in marshes, bogs, swamps
and periodically inundated lands or on lands immediately adjacent
thereto if such development could result in environmental damage to
the marsh, bog, swamp or periodically inundated land.
J.
Aquatic communities.
(1)
Objective: protect, generally, the existing natural aquatic
plant and animal communities and preserve rare and endangered aquatic
plant and animal species.
(2)
General guideline: preserve key spawning areas, nursery grounds,
food sources and food source areas; preserve habitats of rare and
endangered plant and animal species; maintain adjacent vegetated areas
generally as habitats and buffer zones; minimize shoreline alterations,
such as beach construction and emplacement of docks, rafts, boat-launching
facilities and breakwaters; and avoid introduction of toxic materials
and nutrients to water bodies.
K.
Terrestrial vegetation.
(1)
Vegetation, general.
(a)
Objective: preserve or quickly restore terrestrial vegetation.
(b)
General guideline: minimize clearing of vegetation in light
of development objectives; avoid clearing vegetation where damage
will result to remaining vegetation from such factors as wind, erosion
and frost; and protect remaining vegetation during the construction
period.
(2)
Rare and endangered terrestrial plant species.
M.
Terrestrial wildlife.
(1)
Terrestrial wildlife, general.
(a)
Objective: maximize the preservation of terrestrial wildlife
species.
(b)
General guidelines: preserve key wildlife habitats, such as
deer wintering yards, nesting areas, productive feeding areas and
important vegetation transition areas; and maintain wildlife diversity
to the extent possible in view of project objectives by maintaining
a diversity of habitat.
(2)
Rare and endangered terrestrial wildlife species.
(a)
Objective: preserve rare and endangered terrestrial wildlife
species.
(b)
General guideline: locate development and other intensive human
activities so as to protect the location and habitats of rare and
endangered terrestrial wildlife species and allow for the continuing
propagation of these species.
N.
Aesthetics.
(1)
Aesthetics, general.
(a)
Objective: preserve and enhance, where possible, impact of the
project upon the existing aesthetic qualities of the project site
and its environs.
(b)
General guideline: utilize existing vegetation and topographical
features; and employ careful siting methods so as to minimize the
visual impact of all development activities.
(2)
Scenic vistas.
(a)
Objective: maintain the scenic qualities of views from vistas
designated in the Adirondack Park State Land Master Plan.
(b)
General guideline: avoid visibility of buildings and other development
and land use alterations generally from vistas by employment of vegetative
screening, existing topography and careful siting methods.
(3)
Travel corridors.
(a)
Objective: preserve the scenic qualities of views from public
roads and trails and from boats and canoe routes.
(b)
General guidelines: employ vegetative screening, existing topography
and careful siting methods to minimize the visual impact of buildings
and other development and land use alterations.
O.
Open space.
(1)
Open space, general.
(a)
Objective: maintain the open space character of the project
site, adjacent land and surrounding areas.
(b)
General guideline: preserve vegetative screening and existing
topography; employ clustering and careful siting methods where appropriate
to minimize the impact of development activities and land use alterations
on open space; and preserve undeveloped areas as large as possible
in view of project objectives.
(2)
Outdoor recreation.
(a)
Objective: maintain the quality and availability of land for
outdoor and open space recreational purposes.
(b)
General guideline: provide on the project site sufficient open
space area for outdoor recreational use by those persons who will
use the proposed project, taking into account the existing recreational
resources available in the area; and locate buildings and other development
so as not to interfere with those areas to be used as hiking, bicycling
and cross-country-skiing trails, as well as trail bike, jeep, all-terrain-vehicle
and horse trails, playgrounds, picnic areas, campgrounds, parks, beaches
and similar uses.
P.
Adjoining and nearby land uses.
(1)
Surrounding land uses, general.
(a)
Objective: minimize incompatibility of new development with
the character of adjoining and nearby land uses.
(b)
General guideline: take into account the existing and potential
land uses in the vicinity of the project site in determining what
new land use activities are suitable for the project site; avoid new
intensive development in open space areas; and avoid substantially
altering existing residential and other land use patterns.
(2)
Adjacent state land.
(a)
Objective: preserve the wild and natural character of adjacent
state lands designated as wilderness, primitive or canoe by the Adirondack
Park State Land Master Plan.
(b)
General guideline: minimize development activities which would
materially impair the wilderness attributes of these state lands;
and design and construct development that is located within 1/8 mile
of these state lands so as to minimize its visual and audial impact
in these wilderness-like areas, thereby ensuring the continued compatibility
of state and private types of ownership.
Q.
Wild, scenic and recreational study rivers.
(1)
Objective: protect or enhance the natural qualities of any river
designated to be studied for possible inclusion in the state's wild,
scenic or recreational river system.
(2)
General guideline: maintain buffer zones and existing vegetation
along designated study rivers; avoid intensive development within
1/4 mile of such rivers; minimize alterations to such rivers and their
banks; and preserve the free-flowing character of such rivers.
R.
Historic sites.
(1)
Objective: protect archeological sites, historic sites and unique
historical structures for their educational and cultural value to
the area, region or state.
(2)
General guideline: preserve and restore archeological sites,
historic sites and unique historic structures to the extent warranted
by their respective significance; and avoid land uses and development
on adjoining and nearby lands which would be incompatible with the
significance of such sites and structures.
S.
Special interest areas.
(1)
Objective: preserve special interest areas, such as unique natural
features and their surrounding environs.
(2)
General guideline: avoid physical and aesthetic alteration and
impairment of the natural condition of unique physical features, such
as gorges, waterfalls and interesting geological formations; provide
for their continuing protection; and utilize these special interest
areas as assets to development.
T.
Government considerations.
(1)
Service and finance.
(a)
Objective: fully explore and assure the ability of government
to provide governmental services and facilities made necessary by
the project.
(b)
General guideline: phase development activities to a level commensurate
with the financial capability of the various levels of government
to provide the governmental services and facilities that will be generated
by the development, such as transportation systems, schools, health
care, sewage and solid waste disposal systems, water supply systems
and fire and police protection; require that, as nearly as possible,
the balance between the cost of public services required to adequately
serve the development as compared with the anticipated tax and other
revenues to be generated by the development be favorable at each level
of government or taxing jurisdiction affected by the project; and
include in development plans provisions to maintain or improve existing
services and alleviate any potential adverse impact upon the ability
of the government to provide services and facilities.
(2)
Regulation.
(a)
Objective: conform development activities to all applicable
governmental rules and regulations.
(b)
General guideline: comply with all applicable ordinances, rules
and regulations of all governmental agencies with responsibilities
for such activities, including those of towns and villages, counties,
the State Departments of Health and Environmental Conservation and
the Adirondack Park Agency.
U.
Public utilities and community resources.
(1)
Objective: assure the adequacy of such public utility services
and community resources as shall be necessary for the project.
(2)
General guideline: avoid excessive demands on the capabilities
of public utilities, such as electricity and communication services;
and avoid necessity for major uncompensated increases in community
services and activities, such as recreational facilities, social,
cultural and health services and transportation facilities.
The principal development activities associated with a subdivision to be considered in connection with the determination required by § A183-35 and referred to in § A183-38, together with representative means for avoiding undue adverse impact, include the following:
A.
Streets and roads.
(1)
Objective: design and construct roads and streets to provide
safe and convenient access without causing undue adverse impacts on
natural and public resources.
(2)
General guideline: conform street and road alignments with existing
topography and vegetation; avoid steep slopes, abrupt curves and excessive
cuts and fill; provide adequate road surfacing and road bed drainage;
preserve existing drainage patterns; and design streets and roads
so as to minimize the impacts of construction and maintenance practices.
B.
Siting and construction of buildings.
(1)
Objective: design, site and construct buildings to best serve
their intended functions and to minimize impact on existing natural
and public resources.
(2)
General guideline: blend buildings with existing topography
and their surrounding environs; avoid steep slopes; minimize grade
alterations; and avoid complex and costly engineering solutions of
site problems with potentially excessive environmental impacts.
C.
Sewage disposal.
(1)
Objective: select, design and locate sewage disposal systems
to provide adequate treatment of effluent and to avoid contamination
of surface water or groundwater.
(2)
General guideline: comply with all state and local health standards;
adhere, at a minimum, to the Adirondack Park Agency Act setback requirements
for water bodies; and employ proven design criteria for sewage disposal
systems in proper working order.
D.
Storm drainage.
(1)
Objective: design, locate and construct storm drainage systems
so as to maintain existing drainage patterns in a natural state and
to minimize adverse hydrologic effects.
(2)
General guideline: provide adequate drainage for building sites
and roads; avoid altering drainage patterns to the extent possible;
utilize natural drainageways for handling stormwater runoff; preserve
all natural surface water retention areas, such as wetlands, bogs
and marshes; and minimize runoff by such other methods as preserving
vegetative cover and avoiding the creation of unnecessary or extensive
impervious surfaces.
E.
Water supply.
(1)
Objective: locate, design and construct water supply systems
so as to provide an adequate supply of potable water without adversely
affecting existing water usage patterns or creating adverse effects
with regard to aquifers and subsurface drainage patterns.
(2)
General guideline: comply with all state and local health standards
with regard to the design, location, construction and maintenance
of water supply systems.
F.
Solid waste disposal.
(1)
Objective: provide for the storage, collection, transportation
and disposal of solid waste in a manner which will minimize air, water
and visual pollution and in a manner which will not create hazards
to the health and welfare of people or wildlife.
(2)
General guideline: comply with all applicable state and local
standards for the disposal areas and recycling facilities; adequately
screen disposal areas; locate disposal areas on deep, moderately permeable,
well-drained soils and at sufficient distances from water bodies so
as to prevent contamination thereof; and avoid locating disposal areas
on steep slopes.
G.
Pesticides and herbicides.
(1)
Objective: avoid all use of pesticides, herbicides and other
biocides potentially detrimental to natural systems.
(2)
General guideline: strictly adhere to applicable regulations
regarding type, quantity and techniques of application of pesticides,
herbicides and other biocides to surface waters or wetlands or in
a manner which may cause contamination thereto.
H.
Shoreline development.
(1)
Objective: design and construct development along shorelines
so as to maintain existing aesthetic and ecological characteristics
thereof and to avoid all significant impairment of these qualities.
(2)
General guideline: adhere, at a minimum, to the shoreline restrictions
of the Adirondack Park Agency Act and the provisions of the Environmental
Conservation Law and all local laws; maximize preservation of undeveloped
shorelines by such methods as clustering and preservation of shoreline
vegetation; minimize construction of docks and boathouses on shorelines;
and minimize aesthetic alterations to shorelines as viewed from water
bodies and surrounding areas.
I.
Noise.
J.
Signs.
(1)
Objective: avoid signage that detracts from aesthetic and scenic
qualities.
(2)
General guideline: limit signs to the extent necessary to adequately
inform viewers concerning the activities to which they relate; utilize
signs which are appropriate to the character of the area in which
they are located; and avoid use of signs of excessive size, of signs
that are insufficiently set back from natural and man-made travel
corridors and/or signs containing moving parts or flashing lights.
K.
Utilities.
(1)
Objective: locate, design, construct and maintain utilities
so as to efficiently accomplish project objectives and preserve natural
and public resources.
(2)
General guideline: locate utilities underground, if feasible,
and in such a way that alignments are compatible with existing topography
and vegetation; minimize visual impacts on surrounding areas by maintaining
and preserving as much vegetative cover as possible and utilizing
existing topography; and minimize maintenance practices, such as herbicide
spraying, which could have adverse environmental impacts on terrestrial
and aquatic ecosystems.
