New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 573 - Jurisdiction of Projects Pursuant to the Adirondack Park Agency Act › Section 573.4 - Subdivisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subdivisions
				  along land use area boundaries. A subdivision of land solely along a land use
				  area boundary does not require an agency permit.
(b) Counting lots. For the purpose of
				  determining agency jurisdiction based on the number of lots created from a
				  parcel of land on or after August 1, 1973, any lot to be retained by the
				  subdivider shall be counted.
(c)
				  Review of land use or development in subdivisions. All land use or development
				  proposed for lots, parcels or sites in a subdivision shall be subject to review
				  as part of the subdivision.
(d)
				  Subdivision by related persons and persons acting in concert, or as part of a
				  common plan. A subdivision shall be reviewed with regard to its final planned
				  size regardless of whether different phases are undertaken by (1) different but
				  related persons or legal entities at different times, such as the development
				  of a large subdivision in smaller increments by subsidiaries or affiliates of a
				  corporation, or (2) unrelated persons acting in concert as part of a common
				  scheme or plan.
(e) Division of
				  land by gift, devise or inheritance.
(1)
				  Subject to the other provisions of this section, the mere division of land by
				  bona fide gift, devise or inheritance, by and from natural persons is not
				  subject to review by the agency.
(2) Each immediate family member of a person
				  who has continuously owned a landholding since May 22, 1973 may receive one
				  parcel from that landholding, provided that the parcel is conveyed by the
				  landowner by bona fide gift, devise or inheritance. In such a case, so as to
				  allow the construction of onesingle family dwelling or mobile home on the gift
				  lot, the overall intensity guidelines and minimum lot size requirements of the
				  Adirondack Park Agency Act shall not apply; however, the minimum shoreline lot
				  width and setback requirements of these regulations shall apply.
(3) A permit is required for the division of
				  land by bona fide gift, devise or inheritance by a person who has not owned the
				  land continuously since May 22, 1973, if the resulting lots do not comply with
				  the overall intensity guidelines and minimum lot size criteria of the
				  Adirondack Park Agency Act and with the minimum shoreline lot width and setback
				  requirements of these regulations.
(4) A permit is required for the construction
				  of a single family dwelling or mobile home on a lot, parcel or site even though
				  created by gift, devise or inheritance if the lot parcel or site created by
				  gift, devise or inheritance is located in a resource management area,
				  industrial use area or critical environmental area.
(5) The subdivision of a parcel of land owned
				  in joint or common tenancy, tenancy by the entirety, or other joint ownership
				  between or among the owners will not be considered to be by bona fide gift,
				  even if no consideration passes among the parties. Such a subdivision requires
				  an agency permit if a class A or class B regional project as provided in
				  section 810 of the Adirondack Park Agency Act.
(6) A permit is required for the division of
				  land through conveyance by gift, devise or inheritance of any lot, parcel or
				  site located outside a hamlet or moderate intensity use area but within a
				  designated river area.
(7) A permit
				  is required for the division of land through conveyance by gift, devise or
				  inheritance of any lot, parcel, or site which is a regulated wetland activity
				  as defined in section
				  578.3(n)(3) of
				  this Title. However, a proposed gift lot may not require a permit if the
				  requirements of section
				  578.3(n)(3) of
				  this Title and this section are met.