2012 New York Consolidated Laws
EXC - Executive
Article 27 - (800 - 820) ADIRONDACK PARK AGENCY
805 - Adirondack park land use and development plan.


NY Exec L § 805 (2012) What's This?
 
    § 805. Adirondack  park  land  use  and development plan. 1. Adoption;
  status report. a. The Adirondack park land use and development  plan  is
  hereby  adopted and shall hereafter serve to guide land use planning and
  development throughout the entire area of the  Adirondack  park,  except
  for those lands owned by the state.
    b.  The  agency  shall, in consultation with the Adirondack park local
  government review board, continually review and evaluate  the  land  use
  and  development  plan  as  an  ongoing planning process in the light of
  changing needs and conditions.    The  agency  shall  consult  and  work
  closely  with  local governments and local, county and regional planning
  agencies in this ongoing planning process, particularly as  it  pertains
  to  their  respective  territorial areas and jurisdictions. In February,
  nineteen hundred seventy-six, the agency shall  submit  a  comprehensive
  report to the governor and the legislature, furnishing a copy thereof to
  the clerk of the county legislative body of each county wholly or partly
  within  the  park  and to the review board concerning the status of this
  planning process and the administration and enforcement of the land  use
  and  development  plan,  as provided for herein, by the agency and local
  governments.
    2. Official Adirondack park land use and development plan map. a.  The
  official Adirondack park land use and development plan  map  shall  have
  the  land  use  planning  and  regulatory  effect  authorized under this
  article.
    b. Within twenty days after the enactment of this section, the  agency
  shall  file  the  Official Adirondack park land use and development plan
  map, as  approved  by  the  agency  on  March  third,  nineteen  hundred
  seventy-three,  and  filed  in  the  capitol,  at its headquarters and a
  certified copy thereof  with  the  secretary  of  state  and  reasonable
  facsimiles  thereof  with  the review board and the clerk of each county
  and local government wholly or partially  within  the  Adirondack  park.
  Within  twenty  days after any amendment to the plan map, whether by law
  or by the agency, except an amendment granting in part a request by  the
  legislative body of a local government pursuant to subparagraph three of
  paragraph  c  of this subdivision, the agency shall enter such amendment
  on the plan map filed at its headquarters  and  file  a  certified  copy
  thereof  with  the review board and each of the state and local officers
  with whom a copy of the plan map is on file hereunder. The agency  shall
  enter  and file amendments granting in part a request by the legislative
  body of a local government pursuant to subparagraph three of paragraph c
  of this subdivision no sooner than sixty days and no later  than  ninety
  days  after  making such amendments. Such state and local officers shall
  enter such amendment on the plan map on file with them upon  receipt  of
  such  certified  copy  in  accordance  with procedures prescribed by the
  agency. Such amendments  shall  take  effect  upon  conclusion  of  such
  twenty-day or ninety-day filing period.
    c. The agency may make the following amendments to the plan map in the
  following manner: (1) Any amendment to reclassify land from any land use
  area  to  any other land use area or areas, if the land involved is less
  than twenty-five hundred acres, after public hearing thereon and upon an
  affirmative vote of two-thirds of its members, at  the  request  of  any
  owner  of  record  of  the  land  involved  or  at  the  request  of the
  legislative body of a local government.
    (2) Any amendment to reclassify land from any land  use  area  to  any
  other  land  use  area  or  areas  for  which  a  greater  intensity  of
  development is allowed under the overall  intensity  guidelines  if  the
  land  involved  is  less  than  twenty-five  hundred acres, after public
  hearing thereon and upon  an  affirmative  vote  of  two-thirds  of  its
  members, on its own initiative.

    (3)  Any  amendment  to  reclassify land from any land use area to any
  other land  use  area  or  areas,  if  the  reclassification  effects  a
  comprehensive  review  and evaluation of the plan map, at the request of
  the legislative body of a local government which has (a)  completed  and
  submitted  to  the  agency  a  current  and  comprehensive inventory and
  analysis of the natural resource, open space, public, economic and other
  land use factors as may reflect the relative development amenability and
  limitations of  the  lands  within  its  entire  jurisdiction,  and  (b)
  formally  adopted  after  public  hearing  a  comprehensive  master plan
  prepared pursuant to section two hundred seventy-two-a of the  town  law
  or  section  7-722  of the village law, after public hearing thereon and
  upon an affirmative vote of a majority of its  members.  If  the  agency
  grants  the  amendment  request  in part, it shall not enter or file the
  amendment or amendments for a period of sixty  days  thereafter,  during
  which time the legislative body of the local government may withdraw its
  request.
    (4)  Any  amendment to clarify the boundaries of the land use areas as
  shown on the plan map, to correct any errors on the map or effect  other
  technical  changes on the map, upon an affirmative vote of a majority of
  its members and without a public  hearing  thereon,  unless  the  agency
  determines that a public hearing is appropriate, on its own motion or at
  the  request  of  the  legislative  body of a local government or at the
  request of any owner of record of the land involved.
    (5)  Before  making  any  plan  map  amendment,  except  pursuant   to
  subparagraph  four  of  this  paragraph,  the  agency must find that the
  reclassification would accurately reflect the legislative  findings  and
  purposes  of  section  eight  hundred  one  of this article and would be
  consistent with  the  land  use  and  development  plan,  including  the
  character  description and purposes, policies and objectives of the land
  use area to which reclassification is proposed, taking into account such
  existing natural resource, open space, public, economic and  other  land
  use  factors  and any comprehensive master plans adopted pursuant to the
  town or village law, as may reflect the relative development amenability
  and limitations of the land  in  question.  The  agency's  determination
  shall be consistent with and reflect the regional nature of the land use
  and  development  plan  and  the regional scale and approach used in its
  preparation.
    d. The agency may, after consultation with the Adirondack  park  local
  government  review  board, recommend to the governor and legislature any
  other amendments to the plan map after public hearing thereon  and  upon
  an affirmative vote of a majority of its members.
    e. Upon receipt of a request to amend the plan map or upon determining
  to  amend the map on its own initiative, the agency shall provide notice
  of receipt of the request or notice of the  determination  and  a  brief
  description of the amendment requested or contemplated to the Adirondack
  park  local government review board, the chairman of the county planning
  agency, if any, the chairman of the appropriate regional planning board,
  and to the chief elected officer, clerk and planning board chairman,  if
  any,  of  the  local  government  wherein the land is located, and shall
  invite their comments.
    f. The public hearings required  or  authorized  in  this  subdivision
  shall  be  held by the agency in each local government wherein such land
  is  located  after  not  less  than  fifteen  days  notice  thereof   by
  publication  at least once in a newspaper of general circulation in such
  local government or local governments, by  conspicuous  posting  of  the
  land  involved,  and  by individual notice served by certified mail upon
  each owner of such land  to  the  extent  discernible  from  the  latest
  completed tax assessment roll and by mail upon the Adirondack park local

  government  review  board,  the  persons  named  in  paragraph e of this
  subdivision, and the clerk of any local government within  five  hundred
  feet of the land involved.
    g.  The  agency shall act upon requests for amendments to the plan map
  within one hundred twenty days of receipt of a request in such form  and
  manner  as  it  shall  prescribe; provided, however, that in the case of
  requests concerning which it determines to hold  a  public  hearing,  it
  shall,  within  ninety  days  of  receipt  of  the request, schedule the
  hearing and shall act within sixty days of the close of the hearing.  In
  the  case  of  a  request  received when snow cover or ground conditions
  prevent such field investigation as is necessary to act with respect  to
  the  request,  or in the case of a request or series of related requests
  exceeding five hundred acres, the time periods herein provided shall  be
  extended an additional ninety days or until adequate field inspection is
  possible,  whichever  is  the  lesser  period.  Any  of the time periods
  specified in this paragraph may be waived or extended for good cause  by
  written request of the applicant and consent of the agency or by written
  request of the agency and consent by the applicant.
    3.  Land use areas: character descriptions, and purposes, policies and
  objectives; overall intensity guidelines; classification  of  compatible
  uses  lists.   a.   The primary uses on the classification of compatible
  uses list for each land use area except hamlet areas, as  set  forth  in
  this  subdivision,  are  those uses generally considered compatible with
  the character, purposes, policies and objectives of such land use  area,
  so  long as they are in keeping with the overall intensity guideline for
  such area. The secondary uses on such list are those which are generally
  compatible with such area depending upon their particular  location  and
  impact  upon  nearby  uses  and  conformity  with  the overall intensity
  guideline for such area.
    b. The classification of compatible uses lists shall also include  any
  additions  thereto by agency amendment pursuant to this section, and the
  agency may, after consultation with the Adirondack park local government
  review  board,  recommend  subtractions  thereto  to  the  governor  and
  legislature  upon  an  affirmative vote of a majority of its members and
  after public hearing thereon. The agency may amend the classification of
  compatible uses lists to make additions  thereto  after  public  hearing
  thereon  and  upon  an  affirmative vote of two-thirds of its members. A
  certified copy of the agency's resolution adopting such amendment shall,
  within twenty days after adoption thereof, be filed by the  agency  with
  the Adirondack park local government review board and the same state and
  local  officers  with  whom  the  plan map is required to be filed under
  paragraph b of subdivision two and with the legislature. Such amendments
  shall take effect upon conclusion of such twenty-day filing period.  The
  public  hearings  authorized or required in this paragraph shall be held
  in any county wholly or partially within the Adirondack park  after  not
  less  than fifteen days notice thereof by publication at least once in a
  newspaper of general circulation in  each  county  wholly  or  partially
  within  the  park and in at least three metropolitan areas of the state,
  and individual notice served by mail upon:
    (1) the chairman of the planning board, if any, and the clerk of  each
  local  government,  and  the  chairman of the county planning agency, if
  any, and the clerk of each county, wholly or partially within the park;
    (2) the chairman of each regional planning agency  whose  jurisdiction
  is wholly or partially within the park; and
    (3) the Adirondack park local government review board.
    c.  Hamlet  areas. (1) Character description. Hamlet areas, delineated
  in brown on the plan map, range  from  large,  varied  communities  that
  contain  a sizeable permanent, seasonal and transient populations with a

  great diversity  of  residential,  commercial,  tourist  and  industrial
  development  and  a  high  level  of  public services and facilities, to
  smaller, less varied communities with a lesser degree and  diversity  of
  development   and  a  generally  lower  level  of  public  services  and
  facilities.
    (2) Purposes, policies and objectives. Hamlet areas will serve as  the
  service and growth centers in the park. They are intended to accommodate
  a  large  portion  of  the necessary and natural expansion of the park's
  housing, commercial and industrial activities. In these  areas,  a  wide
  variety  of  housing,  commercial, recreational, social and professional
  needs of the park's permanent, seasonal and transient  populations  will
  be met. The building intensities that may occur in such areas will allow
  a  high  and  desirable level of public and institutional services to be
  economically feasible. Because a hamlet is concentrated in character and
  located in areas where existing development patterns indicate the demand
  for and viability of  service  and  growth  centers,  these  areas  will
  discourage  the  haphazard  location  and dispersion of intense building
  development in the park's open space areas. These areas will continue to
  provide services to park residents and visitors and, in conjunction with
  other land use areas and activities on both  private  and  public  land,
  will  provide  a diversity of land uses that will satisfy the needs of a
  wide variety of people.
    The delineation of hamlet areas on the plan map is designed to provide
  reasonable  expansion  areas  for  the  existing  hamlets,   where   the
  surrounding  resources  permit  such  expansion. Local government should
  take  the  initiative  in  suggesting  appropriate  expansions  of   the
  presently delineated hamlet boundaries, both prior to and at the time of
  enactment of local land use programs.
    (3)  All  land uses and development are considered compatible with the
  character, purposes and objectives of hamlet areas.
    (4) No overall intensity guideline is applicable to hamlet areas.
    d. Moderate intensity use area. (1) Character description.    Moderate
  intensity  use areas, delineated in red on the plan map, are those areas
  where the capability of the natural resources and the  anticipated  need
  for  future  development  indicate  that relatively intense development,
  primarily residential in character, is possible, desirable and suitable.
  These areas are primarily located near or adjacent to hamlets to provide
  for residential expansion. They  are  also  located  along  highways  or
  accessible  shorelines  where  existing  development has established the
  character of the area.
    Those areas identified as  moderate  intensity  use  where  relatively
  intense  development  does not already exist are generally characterized
  by deep soils on moderate slopes and are readily accessible to  existing
  hamlets.
    (2)  Purposes,  policies  and objectives. Moderate intensity use areas
  will provide for development opportunities in  areas  where  development
  will  not  significantly  harm  the  relatively  tolerant  physical  and
  biological  resources.  These  areas  are  designed   to   provide   for
  residential  expansion  and  growth  and  to accommodate uses related to
  residential uses in the vicinity of hamlets where community services can
  most readily and economically be provided. Such growth and the  services
  related  to  it  will generally be at less intense levels than in hamlet
  areas.
    (3) Guidelines for  overall  intensity  of  development.  The  overall
  intensity  of development for land located in any moderate intensity use
  area should not exceed approximately five  hundred  principal  buildings
  per square mile.
    (4) Classification of compatible uses:

    Primary uses in moderate intensity use areas:
    1. Single family dwellings.
    2. Individual mobile homes.
    3. Open space recreation uses.
    4. Agricultural uses.
    5. Agricultural use structures.
    6. Forestry uses.
    7. Forestry use structures.
    8.  Hunting  and  fishing  cabins  and  hunting  and fishing and other
  private club structures.
    9. Game preserves and private parks.
    10. Cemeteries.
    11. Private roads.
    12. Private sand and gravel extractions.
    13. Public utility uses.
    14.  Accessory  uses  and  structures  to  any  use  classified  as  a
  compatible use.
    Secondary uses in moderate intensity use areas:
    1. Multiple family dwellings.
    2. Mobile home courts.
    3. Public and semi-public buildings.
    4. Municipal roads.
    5. Agricultural service uses.
    6. Commercial uses.
    7. Tourist accommodations.
    8. Tourist attractions.
    9. Marinas, boatyards and boat launching sites.
    10. Campgrounds.
    11. Group camps.
    12. Golf courses.
    13. Ski centers.
    14. Commercial seaplane bases.
    15. Commercial or private airports.
    16.  Sawmills,  chipping  mills,  pallet  mills and similar wood using
  facilities.
    17. Commercial sand and gravel extractions.
    18. Mineral extractions.
    19. Mineral extraction structures.
    20. Watershed management and flood control projects.
    21. Sewage treatment plants.
    22. Major public utility uses.
    23. Industrial uses.
    e. Low intensity use areas. (1) Character description.  Low  intensity
  use  areas,  delineated  in  orange  on  the plan map, are those readily
  accessible areas, normally within  reasonable  proximity  to  a  hamlet,
  where  the physical and biological resources are fairly tolerant and can
  withstand development at an  intensity  somewhat  lower  than  found  in
  hamlets  and  moderate  intensity  use  areas.   While these areas often
  exhibit  wide  variability  in  the   land's   capability   to   support
  development,  they  are generally areas with fairly deep soils, moderate
  slopes and no large acreages of critical  biological  importance.  Where
  these  areas  are  adjacent  to or near hamlets, clustering homes on the
  most developable portions of these areas  makes  possible  a  relatively
  high level of residential units and local services.
    (2)  Purposes,  policies  and objectives. The purpose of low intensity
  use areas is to provide for development  opportunities  at  levels  that
  will   protect  the  physical  and  biological  resources,  while  still
  providing for  orderly  growth  and  development  of  the  park.  It  is

  anticipated  that  these areas will primarily be used to provide housing
  development opportunities not only for park residents but also  for  the
  growing  seasonal home market. In addition, services and uses related to
  residential  uses may be located at a lower intensity than in hamlets or
  moderate intensity use areas.
    (3) Guidelines for  overall  intensity  of  development.  The  overall
  intensity  of development for land located in any low intensity use area
  should not exceed approximately  two  hundred  principal  buildings  per
  square mile.
    (4) Classification of compatible uses:
    Primary uses in low intensity use areas:
    1. Single family dwellings.
    2. Individual mobile homes.
    3. Open space recreation uses.
    4. Agricultural uses.
    5. Agricultural use structures.
    6. Forestry uses.
    7. Forestry use structures.
    8.  Hunting  and  fishing  cabins  and  hunting  and fishing and other
  private club structures.
    9. Game preserves and private parks.
    10. Private roads.
    11. Cemeteries.
    12. Private sand and gravel extractions.
    13. Public utility uses.
    14.  Accessory  uses  and  structures  to  any  use  classified  as  a
  compatible use.
    Secondary uses in low intensity use areas:
    1. Multiple family dwellings.
    2. Mobile home courts.
    3. Public and semi-public buildings.
    4. Municipal roads.
    5. Agricultural service uses.
    6. Commercial uses.
    7. Tourist accommodations.
    8. Tourist attractions.
    9. Marinas, boatyards and boat launching sites.
    10. Golf courses.
    11. Campgrounds.
    12. Group camps.
    13. Ski centers.
    14. Commercial seaplane bases.
    15. Commercial or private airports.
    16.  Sawmills,  chipping  mills,  pallet  mills and similar wood using
  facilities.
    17. Commercial sand and gravel extractions.
    18. Mineral extractions.
    19. Mineral extraction structures.
    20. Watershed management and flood control projects.
    21. Sewage treatment plants.
    22. Waste disposal areas.
    23. Junkyards.
    24. Major public utility uses.
    25. Industrial uses.
    f. Rural use  areas.  (1)  Character  description.  Rural  use  areas,
  delineated  in  yellow  on  the  plan map, are those areas where natural
  resource  limitations  and  public  considerations  necessitate   fairly
  stringent  development  constraints.    These areas are characterized by

  substantial acreages of one or more of  the  following:  fairly  shallow
  soils, relatively severe slopes, significant ecotones, critical wildlife
  habitats,  proximity  to scenic vistas or key public lands. In addition,
  these  areas are frequently remote from existing hamlet areas or are not
  readily accessible.
    Consequently,  these  areas  are  characterized  by  a  low  level  of
  development and variety of rural uses that are generally compatible with
  the  protection  of  the relatively intolerant natural resources and the
  preservation of open space.   These areas and  the  resource  management
  areas provide the essential open space atmosphere that characterizes the
  park.
    (2) Purposes, policies and objectives. The basic purpose and objective
  of rural use areas is to provide for and encourage those rural land uses
  that  are consistent and compatible with the relatively low tolerance of
  the areas' natural resources and the preservation  of  the  open  spaces
  that  are  essential  and  basic  to  the  unique character of the park.
  Another objective of rural use areas is  to  prevent  strip  development
  along  major  travel  corridors  in  order  to enhance the aesthetic and
  economic benefit derived from a park atmosphere along these corridors.
    Residential development and related development and uses should  occur
  on  large lots or in relatively small clusters on carefully selected and
  well  designed  sites.  This  will  provide  for  further  diversity  in
  residential and related development opportunities in the park.
    (3)  Guideline  for  overall  intensity  of  development.  The overall
  intensity of development for land located in any rural use  area  should
  not  exceed  approximately  seventy-five  principal buildings per square
  mile.
    (4) Classification of compatible uses.
    Primary uses in rural use areas:
    1. Single family dwellings.
    2. Individual mobile homes.
    3. Open space recreation uses.
    4. Agricultural uses.
    5. Agricultural use structures.
    6. Forestry uses.
    7. Forestry use structures.
    8. Hunting and fishing  cabins  and  hunting  and  fishing  and  other
  private club structures.
    9. Game preserves and private parks.
    10. Cemeteries.
    11. Private roads.
    12. Private sand and gravel extractions.
    13. Public utility uses.
    14.  Accessory  uses  and  structures  to  any  use  classified  as  a
  compatible use.
    Secondary uses in rural use areas:
    1. Multiple family dwellings.
    2. Mobile home courts.
    3. Public and semi-public buildings.
    4. Municipal roads.
    5. Agricultural service uses.
    6. Commercial uses.
    7. Tourist accommodations.
    8. Marinas, boatyards and boat launching sites.
    9. Golf courses.
    10. Campgrounds.
    11. Group camps.
    12. Ski centers.

    13. Commercial seaplane bases.
    14. Commercial or private airports.
    15.  Sawmills,  chipping  mills,  pallet  mills and similar wood using
  facilities.
    16. Commercial sand and gravel extractions.
    17. Mineral extractions.
    18. Mineral extraction structures.
    19. Watershed management and flood control projects.
    20. Sewage treatment plants.
    21. Waste disposal areas.
    22. Junkyards.
    23. Major public utility uses.
    24. Industrial uses.
    g. Resource management  areas.  (1)  Character  description.  Resource
  management  areas,  delineated in green on the plan map, are those lands
  where the need to protect,  manage  and  enhance  forest,  agricultural,
  recreational and open space resources is of paramount importance because
  of  overriding  natural  resource  and public considerations. Open space
  uses,  including  forest  management,   agriculture   and   recreational
  activities, are found throughout these areas.
    Many  resource  management  areas  are  characterized  by  substantial
  acreages of one or more of the following: shallow soils, severe  slopes,
  elevations  of over twenty-five hundred feet, flood plains, proximity to
  designated  or  proposed  wild  or  scenic  rivers,  wetlands,  critical
  wildlife  habitats  or  habitats of rare and endangered plant and animal
  species.
    Other resource management areas include extensive tracts under  active
  forest  management  that  are  vital  to  the  wood  using  industry and
  necessary to insure its raw material needs.
    Important and viable  agricultural  areas  are  included  in  resource
  management  areas,  with  many  farms exhibiting a high level of capital
  investment for agricultural buildings and equipment. These  agricultural
  areas  are  of  considerable economic importance to segments of the park
  and provide for a type of open space which is compatible with the park's
  character.
    (2)  Purposes,  policies  and  objectives.  The  basic  purposes   and
  objectives  of  resource  management  areas  are to protect the delicate
  physical  and  biological  resources,  encourage  proper  and   economic
  management  of  forest,  agricultural  and  recreational  resources  and
  preserve the open spaces that are essential  and  basic  to  the  unique
  character  of  the  park. Another objective of these areas is to prevent
  strip development along major travel corridors in order to  enhance  the
  aesthetic  and  economic  benefits  derived from a park atmosphere along
  these corridors.
    Finally,  resource  management  areas  will  allow   for   residential
  development  on  substantial  acreages or in small clusters on carefully
  selected and well designed sites.
    (3) Guidelines for  overall  intensity  of  development.  The  overall
  intensity  of  development  for  land located in any resource management
  area should not exceed approximately  fifteen  principal  buildings  per
  square mile.
    (4) Classification of compatible uses.
    Primary uses in resource management areas:
    1. Agricultural uses.
    2. Agricultural use structures.
    3. Open space recreation uses.
    4. Forestry uses.
    5. Forestry use structures.

    6. Game preserves and private parks.
    7. Private roads.
    8. Private sand and gravel extractions.
    9. Public utility uses.
    10.  Hunting  and  fishing  cabins  and  hunting and fishing and other
  private club structures involving less than five hundred square feet  of
  floor space.
    11.  Accessory  uses  and  structures  to  any  use  classified  as  a
  compatible use.
    Secondary uses in resource management areas:
    1. Single family dwellings.
    2. Individual mobile homes.
    3. Hunting and fishing  cabins  and  hunting  and  fishing  and  other
  private  club  structures  involving five hundred square feet or more of
  floor space.
    4. Campgrounds.
    5. Group camps.
    6. Ski centers and related tourist accommodations.
    7. Agricultural service uses.
    8. Sawmills, chipping mills,  pallet  mills  and  similar  wood  using
  facilities.
    9. Commercial sand and gravel extractions.
    10. Mineral extractions.
    11. Mineral extraction structures.
    12. Watershed management and flood control projects.
    13. Sewage treatment plants.
    14. Major public utility uses.
    15. Municipal roads.
    16. Golf courses.
    h.  Industrial  use  areas.  (1) Character description. Industrial use
  areas, delineated in purple on the plan map, include  those  areas  that
  are  substantial  in  size  and  located outside of hamlet areas and are
  areas (1) where existing land uses are predominantly of an industrial or
  mineral extraction nature or (2) identified by local and state officials
  as having potential for new industrial development.
    (2) Purposes, policies  and  objectives.  Industrial  use  areas  will
  encourage  the  continued  operation  of  major  existing industrial and
  mineral extraction uses important  to  the  economy  of  the  Adirondack
  region  and  will  provide  suitable  locations  for  new industrial and
  mineral extraction activities that may contribute to the economic growth
  of the park without detracting from its character. Land uses that  might
  conflict  with  existing  or  potential industrial or mineral extraction
  uses are discouraged in industrial use areas.
    (3) Classification of compatible uses.
    Primary uses in industrial use areas:
    1. Industrial uses.
    2. Mineral extractions.
    3. Mineral extraction structures.
    4. Private sand and gravel extractions.
    5. Commercial sand and gravel extractions.
    6. Sawmills, chipping mills,  pallet  mills  and  similar  wood  using
  facilities.
    7. Forestry uses.
    8. Forestry use structures.
    9. Agricultural uses.
    10. Agricultural use structures.
    11. Private roads.
    12. Open space recreation uses.

    13.  Hunting  and  fishing  cabins  and  hunting and fishing and other
  private club structures.
    14. Public utility uses.
    15. Major public utility uses.
    16.  Accessory  uses  and  structures  to  any  use  classified  as  a
  compatible use.
    Secondary uses in industrial use areas:
    1. Commercial uses.
    2. Agricultural service uses.
    3. Public and semi-public buildings.
    4. Municipal roads.
    5. Sewage treatment plants.
    6. Waste disposal areas.
    7. Junkyards.
    (4) No overall intensity guideline is  applicable  to  industrial  use
  areas.
    4.  Development  considerations. The following are those factors which
  relate to potential for adverse impact upon the park's natural,  scenic,
  aesthetic,  ecological,  wildlife,  historic, recreational or open space
  resources and which shall be considered, as provided  in  this  article,
  before  any  significant  new  land use or development or subdivision of
  land is undertaken in the park. Any burden on the  public  in  providing
  facilities  and services made necessary by such land use and development
  or subdivision 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.
    (1) Water
    (a) Existing water quality.
    (b) Natural sedimentation of siltation.
    (c) Eutrophication.
    (d) Existing drainage and runoff patterns.
    (e) Existing flow characteristics.
    (f) Existing water table and rates of recharge.
    (2) Land
    (a) Existing topography.
    (b) Erosion and slippage.
    (c) Floodplain and flood hazard.
    (d) Mineral resources.
    (e) Viable agricultural soils.
    (f) Forest resources.
    (g) Open space resources.
    (h) Vegetative cover.
    (i) The quality and availability  of  land  for  outdoor  recreational
  purposes.
    (3) Air
    (a) Air quality.
    (4) Noise
    (a) 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 twenty-five hundred feet or more.

    (g)  Unique  features,  including  gorges,  waterfalls,  and  geologic
  formations.
    (6) Wildlife
    (a) Fish and wildlife.
    (7) Aesthetics
    (a) Scenic vistas.
    (b) Natural and man-made travel corridors.
    b. Historic site considerations.
    (1) Historic factors
    (a) Historic sites or structures.
    c. Site development considerations.
    (1) Natural site factors
    (a) Geology.
    (b) Slopes.
    (c) Soil characteristics.
    (d) Depth to ground water and other hydrological factors.
    (2) Other site factors
    (a) Adjoining and nearby land uses.
    (b) Adequacy of site facilities.
    d. Governmental considerations.
    (1) Governmental service and finance factors
    (a) Ability of government to provide facilities and services.
    (b)  Municipal,  school  or special district taxes or special district
  user charges.
    e. Governmental review considerations.
    (1) Governmental control factors
    (a) Conformance with other governmental controls.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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