A.
The Adirondack Park Agency has review jurisdiction
over the new land uses or development or subdivision of land in the
Village as stated in § 810 of Article 27 of the Executive
Law of New York State or amended thereto as quoted below:
(1)
Hamlet areas.
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"(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 25 acres), agricultural uses, public utility
uses, and accessory uses or structures (other than signs) to any such
use or to any preexisting use.
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"(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.
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"(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.
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"(4) All structures in excess of forty feet
in height, except agricultural use structures and residential radio
and television antennas.
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"(5) Commercial or private airports.
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"(6) Watershed management and flood control
projects.
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"(7) Any material increase or expansion of an
existing land use or structure included on this list that is 25% or
more of the original size of such existing use or 25% or more of the
original square footage of such structure."
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A.
All plans meeting the thresholds of a Class A regional
use or project shall be referred to the Adirondack Park for Class
A regional project review simultaneous to the site plan review process.
This identical process will be followed for any use exceeding thresholds
of Part 617 of the New York State Environmental Quality Review Act.
B.
The Planning Board shall not approve a use unless
it first determines that such site plan review use meets the site
plan review standards and requirements below.
A.
The Planning Board is hereby designated to consult
with the Adirondack Park Agency with regard to Agency review of Class
A regional projects.
B.
As soon as reasonably practical 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 Village
Land Use Plan.
C.
Not 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, the Planning Board shall notify the
Agency whether the project meets the pertinent requirements of the
Village Land Use Plan.
In order to approve any Class A site plan, the
Planning Board shall find that:
A.
The use complies with all other requirements of this
chapter, including the dimensional regulations of the zoning district
in which it is proposed to be located;
B.
The use would be in harmony with the general purpose
and intent of this chapter, specifically taking into account the location,
character and size of the proposed use and the description and purpose
of the district in which such use is proposed, the nature and intensity
of the activities to be involved in or conducted in connection with
the proposed use, and the nature and rate of any increase on the burden
of supporting public services and facilities which will follow the
approval of the proposed use;
C.
The establishment, maintenance or operation of the
proposed use would not create public hazards from traffic, traffic
congestion or the parking of automobiles, or be otherwise detrimental
to the health, safety or general welfare of persons residing or working
in the neighborhood of such proposed use, or be detrimental or injurious
to the property and improvements in the neighborhood or to the general
welfare of the Village; and
D.
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 hereof, and in so doing,
the Planning Board shall make a net overall evaluation of the project
in relation to the development objectives and general guidelines set
forth in this article.
A.
The Adirondack Park Agency shall have jurisdiction
to review and approve, approve subject to conditions, or disapprove
all Class A regional projects proposed to be located within the territory
of the Village, pursuant to and in accordance with § 809,
Subdivision 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 Executive Law § 809,
Subdivision 9.
B.
The Adirondack Park Agency shall not approve a Class
A regional project unless it first determines, after consultation
with the Planning Board and receipt of the advisory recommendation
of the Planning Board relative to the project, that the project would
comply with all provisions of this chapter, and with such other ordinances
and regulations as shall be components of the Village Land Use Plan.
C.
In making the determination required by § 809,
Subdivision 9 of the Adirondack Park Agency Act 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 herein and in so doing
shall make a net overall evaluation of the project in relation to
the development objectives and general guidelines set forth herein.
D.
Notwithstanding the fact that Class A regional project
approval may have been granted by the Adirondack Park Agency, should
the Planning Board rule that said project does not comply with the
provisions of this chapter, the Board may disapprove the project,
irrespective of any Agency approval. In such case, the reasons for
Planning Board disapproval shall be specified in writing.
The following are those factors which relate
to the potential for adverse impact upon the Park's natural, scenic,
aesthetic, ecological, wildlife, historical, recreational or open
space resources which shall be considered, as provided in this chapter,
before any site plan review project is undertaken in the Village.
Any burden on the public in providing facilities and services made
necessary by such land use and development or subdivisions 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.
(3)
Air. Air quality.
(4)
Noise. 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 2,500 feet or more.
(g)
Unique features, including gorges, waterfalls
and geologic formations.
(6)
Wildlife. Fish and wildlife.
A.
Regional project review criteria shall be as follows:
(1)
Soils.
(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)
Topography.
(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.
(3)
Surface waters.
(a)
Objective: Maintain or enhance existing physical,
chemical and biological water quality characteristics and prevent
any undue acceleration or existing rate 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.
(4)
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 require, 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.
(5)
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 flood hazard special zoning district and any flood hazard fringe
special zoning district conform all development plans to the floodplain
regulations contained in this chapter.
(6)
Groundwater.
(a)
Objective: Preserve quality, infiltration rate
and levels of groundwater.
(b)
General guideline: Comply at a minimum with
applicable governmental water pollutant discharge restrictions; particularly
avoid discharge 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.
(7)
Shorelines.
(a)
Objective: Maintain or enhance the existing
physical, biological and aesthetic characteristics of the shoreline
of all lakes, ponds, rivers and streams.
(b)
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; maximize the preservation
of stretches of shoreline in a natural, unchanged and undeveloped
state.
(11)
Wetlands.
(a)
Objective: Preserve the hydrologic, wildlife,
vegetational, aesthetic, educational, open space and recreational
values of wetlands.
(b)
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.
(12)
Aquatic communities.
(a)
Objective: Protect generally the existing natural
aquatic plant and animal communities and preserve rare and endangered
aquatic plant and animal species.
(b)
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.
(13)
Terrestrial vegetation.
(a)
Objective: Preserve or quickly restore terrestrial
vegetation.
(b)
General guideline: Minimize clearing of vegetation
as part 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.
(14)
Rare and endangered terrestrial plant species.
(16)
Terrestrial wildlife.
(a)
Objective: Maximize the preservation of terrestrial
wildlife species.
(b)
General guideline: 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.
(17)
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.
(18)
Aesthetics.
(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.
(19)
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 vegetation screening, existing topography and careful
siting methods.
(20)
Travel corridors.
(a)
Objective: Preserve the scenic qualities of
views from public roads and trails and from boats and canoe routes.
(b)
General guideline: Employ vegetation screening,
existing topography and careful siting methods to minimize the visual
impact of buildings and other development and land use alterations.
(21)
Open space.
(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 and 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.
(22)
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 areas 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.
(23)
Adjoining and nearby land uses.
(a)
Objective: Minimize incompatibility of new development
with the character of adjoining and nearby land area.
(b)
General guideline: Take into account the existing
and potential 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.
(24)
Adjacent state land.
(a)
Objective: Preserve the wild and natural character
of adjacent state lands designated as wilderness, primitive or canoe
area 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; design and construct development that is located within 1/8
mile of these state lands so as to minimize its visual and aural impact
in these wilderness-like areas, thereby ensuring the continued compatibility
of state and private types of ownership.
(25)
Wild, scenic and recreational study rivers.
(a)
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.
(b)
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.
(26)
Historic sites.
(a)
Objective: Protect archaeological sites, historic
sites and unique historical structures for their educational and cultural
value to the area, region or state.
(b)
General guideline: Preserve and restore archaeological
sites, historic sites and unique historic structures to the extent
warranted by their respective significance; avoid land uses and development
on adjoining and nearby lands which would be incompatible with the
significance of such sites and structures.
(27)
Special interest areas.
(a)
Objective: Preserve special interest areas such
as unique natural features and their surrounding environs.
(b)
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.
(28)
Government consideration.
(a)
Service and finance.
(b)
Objective: Fully explore and assure the ability
of government to provide governmental services and facilities made
necessary by the project.
(c)
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.
(29)
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 Department of Health and Environmental
Conservation, and the Adirondack Park Agency.
(30)
Public utilities and community resources.
(a)
Objective: Assure the adequacy of such public
utility services and community resources as shall be necessary for
the project.
(b)
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.
(c)
The principal development activities associated
with a project to be considered in connection with the determination
required herein, together with representative means for avoiding undue
adverse impact, including the following:
[1]
Street and roads.
[a]
Objective: Design and construct
roads and streets to provide safe and convenient access without causing
undue adverse impacts on natural and public resources.
[b]
General guideline: Conform street
and road alignments with existing topography and vegetation; avoid
steep slopes, abrupt curves and excessive cuts and fills; 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.
[2]
Siting and construction of buildings.
[a]
Objective: Design, site and construct
buildings to best serve their intended functions and minimize impact
on existing natural and public resources.
[b]
General guideline: Blend buildings
with existing topography and their surrounding environs; avoid steep
slopes; minimize grade alterations; and avoid complex costly engineering
solutions of site problems with potentially excessive environmental
impacts.
[3]
Sewage disposal.
[a]
Objective: Select, design and locate
sewage disposal systems to provide adequate treatment of effluent
and avoid contamination of surface or ground water.
[b]
General guideline: Comply with
all state and local health standards, adhere at a minimum to the Adirondack
Park Agency Act's setback requirements for water bodies; employ proven
design criteria for sewage disposal systems in proper working order.
[4]
Storm drainage.
[a]
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.
[b]
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 and 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.
[5]
Water supply.
[a]
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.
[b]
General guideline: Comply with
all state and local health standards with regard to the design, location,
construction and maintenance of water supply systems.
[6]
Solid waste disposal.
[a]
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.
[b]
General guideline: Comply with
all applicable state and local standards for the disposal of solid
waste; utilize community solid waste 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.
[7]
Pesticides and herbicides.
[a]
Objective: Avoid all use of pesticides,
herbicides and other biocides potentially detrimental to natural systems.
[b]
General guideline: Strictly adhere
to applicable regulations regarding type, quantity and techniques
of application of pesticides, herbicides and other biocides; and prevent
direct application of pesticides, herbicides and other biocides to
surface waters or wetlands or in a manner which may cause contamination
thereof.
[8]
Shoreline development.
[a]
Objective: Design and construct
development along shorelines so as to maintain existing aesthetic
and ecological characteristics thereof and avoid all significant impairment
of these qualities.
[b]
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 shoreline vegetation; minimize
construction of docks and boathouses on shorelines; minimize aesthetic
alterations to shorelines as viewed from water bodies and surrounding
areas.
[10]
Signs.
[a]
Objective: Avoid signage that detracts
from aesthetic and scenic qualities.
[b]
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; avoid use
of signs of excessive size, of signs that are insufficiently set back
from natural and man-made travel corridors, and of signs containing
moving parts or flashing lights.
[11]
Utilities.
[a]
Objective: Locate, design, construct
and maintain utilities so as to efficiently accomplish project objectives
and preserve natural and public resources.
[b]
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.
