Current through Register Vol. 46, No. 12, March 20, 2024
A local land use program will comply with section 807(2) of
the Adirondack Park Agency Act if:
(a)
(1) It is based upon a current and
comprehensive inventory and analysis of the natural resources of the lands and
existing facilities within the local government; and
(2) it contains statutes and regulations
which guide land use and development throughout the local jurisdiction and
establish boundaries of local land use districts which reflect all natural and
man-made opportunities for and limitations to development.
The scope and intensity of the studies may differ from
community to community in light of community resources, previous planning work,
if any, and the data base essential for the review of class B regional
projects.
(b) It
contains local land use controls, including subdivision regulations, a zoning
ordinance or local law, and a sanitary code, which:
(1) conform with applicable provisions of
State law;
(2) provide for land use
control throughout the jurisdiction of the local government; and
(3) provide for the referral to the agency of
any proposed amendments described in section
582.5
of this Part.
(c) It
contains subdivision regulations which:
(1)
make appropriate provision for the review of subdivisions which are class B
regional projects as provided in section 807(2)(f) of the Adirondack Park
Agency Act;
(2) provide opportunity
for clustering of new development;
(3) contain adequate standards relating to
lot layout, road design and construction, public utility installation, erosion
control and revegetation of disturbed areas, protection of shorelines and
unique natural and cultural features, and provision of recreation areas and
preservation of open space;
(4)
provide for the review of all subdivisions of land of two or more lots except
that, where local conditions warrant, a local land use program may utilize a
different review threshold for subdivisions, to include no less than all
divisions of land into five or more lots, parcels or sites, and all other
divisions of land involving a new public or private road regardless of the
number of lots involved.
Paragraphs (2) and (3) of this subdivision may be satisfied
by other provisions in a local land use program including zoning and/or land
use controls other than subdivision regulations.
(d) It contains zoning regulations which:
(1) provide for and encourage, in each local
land use district, land uses and developments that are compatible with the
character, description and objectives of that district as stated in the local
comprehensive plan, and reasonably apply the compatible uses lists of the
Adirondack Park land use and development plan;
(2) reasonably apply the overall intensity
guidelines, through minimum lot area specifications or other appropriate means,
and if a wild, scenic or recreational river is located within the local
government, provide for a rivers system land management plan or for intensity
controls in conformance with Part 577 of these regulations;
(3) include dimensional regulations in which
the minimum shoreline lot widths and building setbacks comply with or exceed
section 806 of the Adirondack Park Agency Act;
(4) include at a minimum the shoreline
vegetative cutting restrictions, and restrictions concerning deeded or
contractual access to shoreline of section 806 of the Adirondack Park Agency
Act;
(5) incorporate, or make
reference to, for purposes of determining regional project jurisdiction, the
official Adirondack Park Land Use and Development Plan Map;
(6) make provision for the review of class B
regional projects as provided in section 807(2)(f) of the Adirondack Park
Agency Act;
(7) provide for sign
and junkyard control, including local sign regulations in conformance, at a
minimum, with Appendix Q-3 of these regulations;
(8) include provisions for notice to the
agency of variance applications described in section
582.6
of this Part; and
(9) provide for
administration and enforcement of the zoning regulations.
(e) It contains a sanitary code, or
incorporates by reference the regulations of a consolidated or county health
district, which:
(1) provides for site review
of all new onsite wastewater treatment systems prior to issuance of building
permits; and
(2) complies with the
regulations of the Department of Health contained in 10 NYCRR Part 75, the
standards set forth in the agency's model sanitary code, and, if required by
the agency based upon local soil conditions, the additional standards set forth
in Appendix Q-4 of these regulations.
(f) This section shall not be construed to
prevent the development and submission of local land use programs which contain
additional or supplemental provisions, or to restrain initiative on the part of
local governments desiring to develop local land use programs in alternate
formats as warranted by local conditions.