reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter I - Introduction and Definitions › Part 570 - Introduction; Definitions used in these Regulations › Section 570.3 - Definitions used in these regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The definitions of section 802 of the Adirondack Park
					 Agency Act, some of which are clarified in this section, and the additional
					 definitions set forth in this section, shall apply to these regulations.
					 Certain definitions which apply only to wild, scenic and recreational rivers
					 and river areas or only to freshwater wetlands are set forth in sections
					 577.2 and
					 578.3 of this Title, respectively.
					 Certain other definitions with limited applicability may be found in other
					 Parts of these regulations.
(a)
Agency member
means an agency member or designee.
(b)
Bed and breakfast
means
				  a tourist accommodation located within a single family dwelling or multiple
				  family dwelling.
(c)
Boathouse
means a covered structure with direct access to a
				  navigable body of water which:
(1) is used
				  only for the storage of boats and associated equipment;
(2) does not contain bathroom facilities,
				  sanitary plumbing, or sanitary drains of any kind;
(3) does not contain kitchen facilities of
				  any kind;
(4) does not contain a
				  heating system of any kind;
(5)
				  does not contain beds or sleeping quarters of any kind;
(6) does not exceed a single story in that
				  the roof rafters rest on the top plate of the first floor wall, and all rigid
				  roof surfaces have a minimum pitch of 4 on 12, or, alternatively, 1 flat roof
				  covers the entire structure; and
(7) has a footprint of 1,200 square feet or
				  less measured at the exterior walls (or in the absence of exterior walls, at
				  the perimeter of the roof), and a height of 15 feet or less. For the purpose of
				  this definition, the height of a boathouse shall be measured from the surface
				  of the floor serving the boat berths to the highest point of the structure. The
				  dimensional requirements specified herein shall not apply to a covered
				  structure for berthing boats located within the Lake George Park, provided the
				  structure is built or modified in accordance with a permit from the Lake George
				  Park Commission and is located fully lakeward of the mean high-water mark of
				  Lake George.
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 571 - Determination of Agency Permit or Variance Jurisdiction › Section 571.1 - Determination of agency permit or variance jurisdiction

Current through Register Vol. 46, No. 28, July 10, 2024
The agency will, upon request of any person having a legal
					 interest in property and contemplating land use or development or subdivision
					 thereon, determine whether an agency permit is required, or whether a variance
					 is required from the shoreline restrictions or other restrictions of these
					 regulations.
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 571 - Determination of Agency Permit or Variance Jurisdiction › Section 571.2 - Determination of the existence of a wetland

Current through Register Vol. 46, No. 28, July 10, 2024
The agency will, upon request of any person having a legal
					 interest in property and contemplating a land use or development or subdivision
					 within the boundaries of wetlands thereon, determine whether wetlands are
					 present, and the exact location of wetland boundaries.
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 571 - Determination of Agency Permit or Variance Jurisdiction › Section 571.3 - Determination of mean high water

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  agency will, upon request of any person having a legal interest in property and
				  contemplating land use or development or subdivision thereon, determine the
				  mean high water mark of any lake, pond, river or stream at relevant
				  points.
(b) Where recorded
				  hydrological data allow, the agency will provide mean high water expressed as
				  an elevation above mean sea level for the water body involved, and will list it
				  in Appendix Q-2 of these regulations.
(c) Where recorded hydrological data cannot
				  be used, the agency will physically locate the mean high water mark upon the
				  land in question, utilizing standard vegetative tests, water marks, soil
				  characteristics and other means customarily employed in making such
				  determinations.
(d) The agency will
				  generally accept the written and certified determination of a professional land
				  surveyor licensed by the State of New York of the mean high water mark on any
				  particular lot.
(e) Except where it
				  clearly appears, based upon inspection of the lot, that the original
				  determination was inaccurate, the agency will generally accept any
				  determination of mean high water set forth in a deed to the premises.
(f) Where the application of subdivision (b),
				  (c), (d) or (e) of this section yields materially different results, the agency
				  will reasonably fix the mean high water mark in the exercise of
				  discretion.
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 571 - Determination of Agency Permit or Variance Jurisdiction › Section 571.4 - Determination of navigability of river or stream

Current through Register Vol. 46, No. 28, July 10, 2024
The agency will, at the request of any person having a
					 legal interest in property and contemplating land use or development or
					 subdivision thereon subject to the shoreline restrictions, determine whether a
					 given river or stream or portion thereof is navigable for the purposes of
					 section 806 of the Adirondack Park Agency Act and these
					 regulations.
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 571 - Determination of Agency Permit or Variance Jurisdiction › Section 571.5 - General rules for determinations made pursuant to this part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests pursuant to this Part may be
				  made by any person having a legal interest in the property in question,
				  including a landowner, tenant, mortgagee, contract vendee or optionee. The
				  agency will endeavor to respond to all requests, in writing, within 15 days of
				  receipt.
(b) The agency will be
				  bound by any determination made pursuant to this Part when signed by its
				  executive director, deputy director-regulatory programs, project administrator
				  or counsel, and when there has been material detrimental reliance thereon. No
				  binding oral determinations can be made. The agency will not be bound in the
				  case of misrepresentation or error in the facts or intentions stated in any
				  inquiry made pursuant to this Part.
(c) A letter from the agency with respect to
				  its permit or variance jurisdiction shall not excuse the responsible person
				  from obtaining any other approvals or permits required by other governmental
				  agencies, such as the Department of Environmental Conservation, Department of
				  Health, or local governments.
(d) A
				  determination made pursuant to subdivision (b) of this section may be appealed
				  to the agency by the person who requested it under the procedures set forth in
				  section 588.2 of these
				  regulations.
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 572 - Procedures for the Review of Projects › Section 572.1 - Procedures for review of projects; general rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All class A and class B regional
				  projects, rivers projects and wetlands projects shall be reviewed according to
				  the procedures of section 809 of the Adirondack Park Agency Act and this
				  Part.
(b) State agency projects
				  except those which are class A or class B regional projects shall be reviewed
				  according to the procedures of section 814 of the Adirondack Park Agency Act
				  and Part 579 of these regulations.
(c) The agency may enter into written
				  agreements with other State agencies to enhance the exchange of information and
				  to establish coordinated pre- application, application and review
				  procedures.
(d) Any such agreements
				  may provide that (unless in the opinion of the agency board a project sponsor
				  establishes good cause to do otherwise) no application to the agency shall be
				  deemed complete until all other State agencies, that are party to the agreement
				  and have review and permitting jurisdiction over the same project site have, in
				  the opinion of each, received sufficient application materials that they have,
				  respectively, deemed the applications made to them to be complete.
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 572 - Procedures for the Review of Projects › Section 572.2 - Project sponsor's options

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Pre-application procedures. Prior to applying for a permit, a project sponsor
				  may seek preliminary consultations and/or conceptual review pursuant to section
				  572.3 of this Part.
(b) Application procedures. Whether or not he
				  has sought preliminary consultations and/or conceptual review, a project
				  sponsor may:
(1) apply for a permit pursuant
				  to the general application procedures of section
				  572.4 of this Part; or
(2) if the project is a minor project (single
				  family dwelling, mobile home or subdivision involving two lots, parcels or
				  sites), apply for a permit pursuant to the expedited procedures of section
				  572.5 of this Part; or
(3) if the project is a large scale project,
				  or other project to be undertaken in sections, apply for a permit pursuant to
				  section 572.6 of this Part.
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 572 - Procedures for the Review of Projects › Section 572.4 - Permit application requirements generally

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
				  Applications may be submitted only by a project sponsor, as defined in section
				  570.3(ad) of these
				  regulations, shall contain the signatures of the owners of record of the land
				  involved as co-applicant, and shall contain a description of the project in the
				  form and manner required in the appropriate application form. The agency will
				  promptly notify the project sponsor that the submission does not contain the
				  minimal information necessary to initiate the application process, such as
				  signatures of the landowners, an incomplete site plan or project description or
				  is missing required attachments
(e.g.,
copy of the current
				  deed); and the agency will not commence review clocks or other processing
				  without this information.
(2) All
				  applications for subdivisions shall be accompanied by a survey or deed plot
				  prepared by an appropriately qualified person to so act in this State. For
				  purposes of this section, the term deed plot shall mean a scaled sketch map
				  depicting the property boundaries as set forth in the property deed.
(3) All applications for subdivisions shall
				  also be accompanied by a site plan map. In the case of subdivision projects
				  involving five or more lots, parcels or sites, the site plan map shall be
				  prepared by an appropriately qualified person to so act in this
				  State.
(4) In this section, site
				  plan map means: the scaled development plan for one or more lots on which are
				  shown the existing and proposed natural and man-made conditions of the lot in
				  the vicinity of the proposed development. Conditions that should be shown if
				  present on the site include water bodies, wetlands, floodplains, vegetation,
				  roads, utilities, structures and buildings, water and sewage systems and other
				  resources that may be impacted by a proposed development.
(5) The deputy director-regulatory programs
				  is authorized to grant an exception to any of the information requirements of
				  paragraph (4) of this subdivision in cases where such information is not
				  necessary to determine adverse impact to site resources or compliance with
				  law.
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 572 - Procedures for the Review of Projects › Section 572.5 - Expedited review of minor projects

Current through Register Vol. 46, No. 28, July 10, 2024
Single family dwellings, mobile homes or subdivisions of
					 land involving two lots, parcels or sites shall be eligible for the expedited
					 review procedures set forth in this section.
(a) Special simplified application forms
				  shall be used.
(b) The agency
				  shall, within approximately 15 business days after receipt of a completed
				  application, review and approve all such projects which do not involve a
				  variance to the shoreline restrictions or other provisions of these
				  regulations, and concerning which no public hearing will be held.
(c) The agency may issue a permit in lieu of
				  a notice of application completion or incompletion for such projects, in which
				  case the permit shall be deemed to constitute a notice of completion, and a
				  copy of the permit shall be sent to those persons who normally would have
				  received the notice of completion.
(d) In its review of projects pursuant to
				  this section, the agency shall consult with appropriate local government
				  officials and may make separate agreements for their timely involvement in the
				  expedited review.
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 572 - Procedures for the Review of Projects › Section 572.7 - Notice of application incompletion and additional information request

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 15 days
				  after receipt of an application, the agency will advise the project sponsor by
				  certified mail whether or not the application is complete. If the application
				  is incomplete, the agency will provide a concise statement of the additional
				  information required.
(b) A project
				  sponsor may appeal a determination that an application is incomplete, or the
				  contents of a request for additional information, under the procedures
				  specified in section
				  572.22 of these
				  regulations.
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 572 - Procedures for the Review of Projects › Section 572.8 - Notice of application completion and advisory comments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Copies of notices of application
				  completion required to be sent by section 809(2) of the Adirondack Park Agency
				  Act shall also be sent, in the case of non-minor projects, to adjoining
				  landowners to the extent reasonably discernible from the latest completed tax
				  assessment roll.
(b) The mailing of
				  a notice shall constitute an invitation to submit written advisory comments on
				  the project. Advisory comments in response to a notice of application
				  completion shall be submitted to the agency at its headquarters in Ray Brook,
				  New York within 15 days of mailing of the notice of application completion, or
				  any lesser time that is agreed upon by the board or official and the
				  agency.
(c) Persons receiving
				  copies of a notice are encouraged to discuss any aspect of the project with the
				  agency staff.
(d) The issuance of a
				  notice of application completion shall mean that an application is in an
				  approved form and is complete for the purpose of commencing review of the
				  application. During the course of review, reasonable additional information may
				  be required in order to enable the agency to make the findings and
				  determinations required by the Adirondack Park Agency Act or these
				  regulations.
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 572 - Procedures for the Review of Projects › Section 572.9 - Site inspections by the agency

Current through Register Vol. 46, No. 28, July 10, 2024
By submitting an application, a project sponsor shall be
					 deemed to have consented to the agency conducting investigations on the project
					 site, at reasonable times and with advance notice where possible, to verify
					 information contained in the application and to determine compliance with the
					 terms and conditions of any permit issued.
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 572 - Procedures for the Review of Projects › Section 572.10 - Projects which require variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Where a project requires a variance from the shoreline restrictions or other
				  provisions of these regulations, an application for a variance shall be
				  submitted with the project application.
(b) The agency will hold a public hearing on
				  any variance application. If a public hearing is also to be held on the
				  project. Part 580 of these regulations shall govern the conduct of the
				  consolidated hearing. A public hearing solely concerning the variance
				  application shall be conducted pursuant to section
				  576.5 of this Title.
(c) The deputy director-regulatory programs
				  shall have authority to decide whether the public hearing to consider the
				  variance shall also consider the project.
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 572 - Procedures for the Review of Projects › Section 572.11 - Deputy director-regulatory programs authority to approve certain projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  deputy director-regulatory programs may review and approve, or approve subject
				  to conditions, and issue permits for, all projects other than:
(1) class B regional projects in land use
				  areas governed by an approved local land use program;
(2) subdivisions involving 50 or more
				  lots;
(3) projects which have been
				  the subject of a public hearing held pursuant to Part 580 of these regulations:
				  and
(2) subdivisions involving 50
				  or more lots;
(3) projects which
				  have been the subject of a public hearing held pursuant to Part 580 of these
				  regulations: and
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 572 - Procedures for the Review of Projects › Section 572.12 - Initial review of projects by regulatory programs committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chairman may appoint a regulatory
				  programs committee consisting of a minimum of three agency members. A quorum of
				  the committee shall be three of its members. A decision of the committee shall
				  require an affirmative vote of a majority plus one of its members. If no
				  decision is reached upon any matter considered pursuant to this section, it
				  shall be considered by the agency at its next meeting.
(b) Initial review of projects.
(1) A project before the agency for initial
				  action (including those referred to the agency by the deputy
				  director-regulatory programs in the exercise of his discretion), or for action
				  following a public hearing, shall be referred to the regulatory programs
				  committee. Certain appeals and requests for reconsideration shall also be
				  referred initially to the regulatory programs committee as set forth in section
				  572.22 of this Part.
(2) Following review, the committee shall
				  recommend a decision on each project. Where the committee has been unable to
				  reach a decision, the agency shall take action as provided in the Adirondack
				  Park Agency Act and these regulations.
(3) Any agency member may request that the
				  agency schedule full discussion of any recommended decision.
(4) The agency may ratify, modify or reverse
				  the committee recommendation.
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 572 - Procedures for the Review of Projects › Section 572.13 - Review of class a regional projects in land use areas governed by an approved local land use program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  following additional procedures shall govern agency review of class A regional
				  projects, other than minor projects, proposed to be located in a land use area
				  governed by an approved local land use program, unless otherwise agreed to by
				  the agency and the local government.
(b) The agency shall consult with the
				  planning board of the town or village in which the project is proposed to be
				  located, or with such other body or officer designated by the town or village
				  board. The planning board or other designated body or officer may examine or
				  receive a copy of the application, discuss the project with the agency staff,
				  participate in meetings between the project sponsor or his representatives and
				  the agency staff, and generally participate informally in the review of the
				  project.
(c) The planning board or
				  other designated body or officer shall have 30 days following issuance of the
				  notice of application completion, or such shorter period which may have been
				  agreed upon in writing by the agency and the town or village, within which to
				  advise the agency whether the project complies with the local land use
				  program.
(d) The agency will accept
				  and adopt as its own findings any recommendations made by the planning board or
				  other designated body or officer as to compliance with the dimensional and
				  other technical requirements of the local land use program, unless such
				  recommendations are inconsistent with the express terms of the local
				  program.
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 572 - Procedures for the Review of Projects › Section 572.14 - Public hearings on projects

Current through Register Vol. 46, No. 28, July 10, 2024
Public hearings on projects, except those hearings to be
					 held solely to consider an associated variance application, shall be noticed
					 and conducted in the manner specified in Part 580 of these
					 regulations.
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 572 - Procedures for the Review of Projects › Section 572.15 - Emergency Projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
				  This section provides the procedural requirements for the issuance of an
				  emergency certification or an emergency recovery authorization for a project
				  undertaken to address an emergency. No other requirements of this Subtitle
				  shall apply to an emergency project. It is within the agency's discretion to
				  determine whether a specific event or conditions constitutes an emergency and
				  whether proposed land use or development is an emergency project.
(b) Definitions used in this section.
(1) Emergency means:
(i) a specific event or condition that
				  presents an immediate threat to life or property; or
(ii) a specific storm event or calamity that
				  has been declared to be an emergency by federal or state officials.
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 572 - Procedures for the Review of Projects › Section 572.19 - Amendment of permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The holder
				  of an agency permit which has not expired may file with the agency a written
				  request for amendment. Such requests shall be governed by section 809(8)(b) of
				  the Adirondack Park Agency Act and this section.
(b) The deputy director-regulatory programs
				  shall have authority to determine whether a request to amend a permit involves
				  a material change as defined in section 809(8)(b)(1) of the act, and to issue
				  an amended permit for, or deny, those requests that do not involve a material
				  change. The deputy director-regulatory programs may require additional
				  information pertaining to any amendment request, and the statutory 15-day
				  decision period for non-material amendment requests shall not begin to run
				  until such information has been provided.
(c) Any request to amend a permit which may
				  involve a material change shall be treated as an application for a new permit
				  pursuant to section 809(8)(b)(2) of the act, except that a request to amend a
				  condition of a permit without any change in the project proposal, applicable
				  law or environmental conditions or technology may be treated by the agency as
				  an appeal and governed by section
				  572.22 of this Part. In the case of
				  a request which is treated as a new application, the parties to any public
				  hearing previously held on the project or variance shall be notified of such
				  request.
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 572 - Procedures for the Review of Projects › Section 572.20 - Renewal of permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A permit for
				  a project which is not in existence within the period specified in the permit
				  shall expire and be void at the end of such specified period unless renewed by
				  the agency pursuant to section 809(8)(b) of the Adirondack Park Agency Act and
				  this section.
(b) A request for
				  permit renewal shall be made prior to expiration of the permit. Any request
				  thereafter shall be treated as an application for a new permit.
(c) A timely renewal request shall be
				  reviewed as follows:
(1) The deputy
				  director-regulatory programs may issue a renewed permit for one additional
				  period (not in excess of the length of the original period specified in the
				  permit) in the case of renewal requests which do not involve a material change
				  in the project proposal, applicable law or environmental conditions or
				  technology.
(2) Renewal requests
				  which may involve such a material change shall be treated as an application for
				  a new permit.
(3) Requests for
				  renewal of permits which have previously been renewed shall be referred to the
				  regulatory programs committee for initial review pursuant to section
				  572.12 of these regulations. In
				  such a case, the agency may, following committee review, renew the permit,
				  renew the permit with modifications, notify the project sponsor of its intent
				  to hold a public hearing on the request, or deny the request without prejudice
				  to submission of an application for a new permit.
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 572 - Procedures for the Review of Projects › Section 572.21 - Recording, effects, and transfer of permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An agency permit shall expire within 60
				  days of the date of issuance, unless within such period it shall have been duly
				  recorded in the name of the owner of record of the land involved in the office
				  of the clerk of the county in which the project is to be located.
(b) A permit when properly recorded shall
				  operate and be construed as actual notice of the right to undertake the project
				  and of the terms and conditions imposed by the permit. The right shall extend
				  to, and the terms and conditions of the permit shall be binding upon, the
				  landowner and all subsequent grantees of the land area subject to the permit,
				  except those conditions which are to be performed only by the project sponsor
				  and except as may be otherwise provided in the permit.
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 572 - Procedures for the Review of Projects › Section 572.22 - Appeals and requests for reconsideration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Appeals of
				  actions taken by agency staff.
(1) Any
				  project sponsor or variance applicant may appeal the following actions of the
				  deputy director-regulatory programs to the agency:
(i) determinations whether a project or
				  variance application is complete, and the contents of requests for additional
				  information;
(ii) conditions
				  precedent to the issuance of, and conditions imposed in, permits issued
				  pursuant to the authority delegated in section
				  572.11 of this Part;
(iii) determinations pursuant to section
				  572.19(b) of this
				  Part whether a request to amend a permit or variance involves a material
				  change;
(iv) denial or conditional
				  approval of requests to amend permits or variances, or requests to renew
				  permits; or
(v) any other action
				  with respect to a project or a variance pursuant to delegated
				  authority.
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 572 - Procedures for the Review of Projects › Section 572.23 - General permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The agency
				  may approve a general permit for any class of projects in relation to which the
				  agency makes the requisite statutory findings and determinations on a general
				  basis in compliance with the following provisions.
(b) The agency may propose issuance of any
				  general permit, by the adoption of a resolution in writing specifying with
				  respect to each such permit:
(1) the
				  geographic area eligible for the permit;
(2) the time period for which the permit will
				  be effective;
(3) the basis of
				  jurisdiction under section 809 of the Adirondack Park Agency Act and/or article
				  15 or 24 of the Environmental Conservation Law;
(4) the activity or activities authorized by
				  the permit or permits, including their probable extent and frequency;
(5) findings of fact, conclusions of law and
				  mitigating conditions to address potential adverse environmental impacts and
				  the statutory criteria for permit issuance; and
(6) if appropriate, the procedure for
				  issuance of a certificate pursuant to the general permit to any person
				  proposing to undertake the specified jurisdictional activity.
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 573.1 - General rule

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall undertake a class A regional project, or a
					 class B regional project in a land use area not governed by an approved local
					 land use program, without first obtaining an agency permit. Class A and class B
					 regional projects are listed in section 810 of the Adirondack Park Agency
					 Act.
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 573.2 - Projects involving more than one land use area

Current through Register Vol. 46, No. 28, July 10, 2024
If a new land use or development or subdivision of land
					 will be located in more than one land use area, determination of agency review
					 jurisdiction shall be based upon the portion of the new land use or development
					 or subdivision of land proposed for each land use area
					 involved.
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 573.3 - Projects located in critical environmental areas

Current through Register Vol. 46, No. 28, July 10, 2024
Except in the case of a project involving wetlands, review
					 of a land use or development or subdivision which requires an agency permit
					 solely because it is located, in part, in a critical environmental area shall
					 be confined to that portion of the land use or development actually located
					 within the critical environmental area or, in the case of a subdivision, to
					 those lots proposed to be sold which are located within or have situate upon
					 them a critical environmental area.
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 573.5 - Increase or expansion of certain land uses or developments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General rule.
(1) No agency permit is required for the
				  increase or expansion, whether in successive stages or at one time, of any
				  lawfully existing land use or development by a total of up to 25 percent of its
				  size or square footage as of May 22, 1973 or when originally built or
				  undertaken, whichever is later. Increases or expansions thereafter require an
				  agency permit if the land use, if new, is a class A or B regional project as
				  provided in section 810 of the Adirondack Park Agency Act.
(2) A single family dwelling or mobile home
				  may be expanded to any extent provided it continues to be used as
				  such.
(3) All increases or
				  expansions involving an existing nonconformance with the shoreline building
				  setback restrictions shall be subject to section
				  575.5 of these
				  regulations.
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 573.6 - Rebuilding and replacement of existing land uses or developments

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to section 811(5) of the Adirondack Park Agency
					 Act:
(a) No agency permit is required
				  for the rebuilding or replacement of any existing land use or development,
				  including structures in existence August 1, 1973 being rebuilt or replaced on
				  the same foundation or in the same location, provided subdivisions (c), (d),
				  (e) and (f) of this section are adhered to. Existing uses not located in
				  critical environmental areas may also be rebuilt or replaced in the same
				  immediate vicinity subject to subdivisions (c), (d), (e) and (f).
(b) The rebuilding or replacement of a
				  structure that was removed or destroyed prior to August 1, 1973 shall be
				  considered new land use or development and requires an agency permit if a class
				  A or class B regional project as provided in section 810 of the Adirondack Park
				  Agency Act.
(c) No rebuilding,
				  replacement or restoration pursuant to section 811(5) of the Adirondack Park
				  Agency Act or this section shall increase any lawfully existing noncompliance
				  with the shoreline restrictions, as described in section
				  575.5 of these
				  regulations.
(d) No agency permit
				  is required for the rebuilding, replacement or restoration of a structure
				  originally more than 40 feet in height to the same height.
(e) No agency permit is required for the
				  replacement of a mobile home by a single family dwelling, or a single family
				  dwelling by a mobile home. Where the existing dwelling will not be removed
				  until after the new dwelling is emplaced or constructed, an agency permit is
				  required for the "subdivision into sites" which would result If the subdivision
				  is a class A or class B regional project as provided in section 810 of the
				  Adirondack Park Agency Act.
(f) An
				  agency permit is required for the recommencement of any existing land use or
				  development, except a single family dwelling, which has been discontinued for a
				  period exceeding five years, or under circumstances which indicate that such
				  use has been abandoned, if the land use or development is a class A or class B
				  regional project as provided in section 810 of the Adirondack Park Agency
				  Act.
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 573.7 - Jurisdiction and review of clearcutting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions used in this section.
(1) Clearcutting means any cutting of trees
				  over six inches in diameter at breast height over any 10-year cutting cycle
				  where the average residual basal area of such trees after such cutting is less
				  than 30 square feet per acre, measured within the area harvested. Provided,
				  however, that where regeneration is assured by stand conditions such that after
				  such cutting the average residual basal area of trees at least one inch in
				  diameter at breast height is at least 30 square feet per acre, measured within
				  the area harvested, a clearcut will not be deemed to have taken place unless
				  the average residual basal area of trees over six inches in diameter at breast
				  height is less than 10 square feet per acre, similarly measured.
(2) River area means the wild, scenic, and
				  recreational rivers and the private lands in their immediate environs as set
				  forth in Appendix Q-6 of these regulations.
(3) Wood road means any dirt or other
				  unimproved road designed and used solely for forest management purposes or
				  related fish and game activities, not intended for use by the general public,
				  and simply constructed by grading, filling and/or corduroying, without
				  extensive finish or maintenance work.
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 573.8 - Accessory uses to residential structures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Professional, commercial or artisan
				  activities associated with residential or accessory structures on the same
				  premises shall be considered accessory uses if they:
(1) involve the employment at one time of not
				  more than two persons not residing on the premises;
(2) will involve the use of not more than two
				  signs, nonilluminated and larger in the aggregate than five square feet in
				  size;
(3) do not change the
				  residential character of the principal land use or development; and
(4) otherwise meet the definition of
				  accessory use.
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 574 - Standards for the Review of Projects Pursuant to the Adirondack Park Agency Act › Section 574.1 - General rule

Current through Register Vol. 46, No. 28, July 10, 2024
Class A and class B regional projects subject to agency
					 review shall be reviewed according to the standards set forth in section 809 of
					 the Adirondack Park Agency Act and this Part. Projects which are also rivers
					 projects or wetlands projects shall be subject, as applicable, to the
					 additional standards in Parts 577 and 578 of this Title.
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 574 - Standards for the Review of Projects Pursuant to the Adirondack Park Agency Act › Section 574.2 - Consultations with agency technical staff

Current through Register Vol. 46, No. 28, July 10, 2024
Consultations with the agency's technical staff and
					 reference to the development considerations set forth in section
					 574.5 of this Part will assist in
					 designing a project which avoids undue adverse impact upon the resources of the
					 Adirondack Park and will facilitate its approval. The agency has also developed
					 an advisory publication, Development in the Adirondack Park: Objectives and
					 Guidelines for Planning and Review, to assist the project
					 sponsor.
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 574 - Standards for the Review of Projects Pursuant to the Adirondack Park Agency Act › Section 574.3 - Sign standards

Current through Register Vol. 46, No. 28, July 10, 2024
Signs associated with projects subject to agency review
					 shall comply with the sign standards set forth as Appendix Q-3 of this
					 Title.
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 574 - Standards for the Review of Projects Pursuant to the Adirondack Park Agency Act › Section 574.4 - Wastewater Treatment System Standards

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise provided in an agency permit, wastewater
					 treatment systems associated with a project which are designed to treat less
					 than 1.000 gallons of wastewater per day shall be designed, installed and
					 maintained in accordance with the standards set forth in
''Wastewater
					 Treatment Standards -Residential Onsite Systems'",
Appendix 75-A.
					 Title 10. of the
Official Compilation of Codes, Rules and Regulations
					 of the State of New York,
and with the additional standards set forth
					 in Appendix Q-4 of this Title.
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 574 - Standards for the Review of Projects Pursuant to the Adirondack Park Agency Act › Section 574.5 - Further definitions of the development considerations

Current through Register Vol. 46, No. 28, July 10, 2024
Those development considerations of section 805(4) of the
					 Adirondack Park Agency Act which are pertinent will be considered by the agency
					 in its review of projects. A list of the development considerations, containing
					 certain further definitions, is set forth below:
(a) Natural resource considerations.
(1) Water.
(i) Existing water quality.
(ii) Natural sedimentation or
				  siltation.
(iii) Eutrophication, as
				  considered by the agency in its review of projects, means accelerated increases
				  in the content of plant nutrients in a water body, caused by excess phosphorus
				  and nitrogen, which typically result in murky water and nuisance algae blooms.
				  If unchecked, this cultural enrichment will severely limit usage of surface
				  waters for drinking, swimming and fishing, and will lead to the decline or
				  disappearance of aquatic organisms and ultimately the death of the water
				  body.
(iv) Existing drainage and
				  runoff patterns.
(v) Existing flow
				  characteristics.
(vi) Existing
				  water table and rates of recharge means the seasonal high groundwater table and
				  the aquifer recharge rate.
(a) The seasonal
				  high groundwater table is the highest surface of a zone of saturated soil which
				  is at least six inches thick and which persists during the average year for
				  more than a week when the ground is free of frost.
(b) An aquifer is a permeable geologic
				  formation which will yield significant quantities of potable water for supply
				  by such means as drilled or artesian wells, springs and stream
				  recharge.
(c) An aquifer recharge
				  area is a region of land surface supplying water to an aquifer, and is
				  characterized by gently sloping (less than 8%) soils with a rapid permeability
				  rate (generally greater than 6.3 inches per minute) or with moderate to highly
				  fractured bedrock at or near the surface.
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 574 - Standards for the Review of Projects Pursuant to the Adirondack Park Agency Act › Section 574.6 - Conformance with local land use controls

Current through Register Vol. 46, No. 28, July 10, 2024
The agency will not approve a project which has been denied
					 a permit or which is a prohibited use under local zoning requirements and other
					 local laws or ordinances. The agency will also recognize community goals
					 expressed in a formally adopted master plan.