2012 New York Consolidated Laws
EXC - Executive
Article 27 - (800 - 820) ADIRONDACK PARK AGENCY
806 - Shoreline restrictions.

 
    § 806. Shoreline   restrictions.  1.  In  order  to  provide  adequate
  protection of the quality of the lakes, ponds, rivers and streams of the
  park and the qualities of their shorelines, no  person  shall  undertake
  any new land use or development or subdivision of land that involves any
  shoreline  within the park, except in compliance, at a minimum, with the
  following restrictions. In addition, compliance with these  restrictions
  shall  be  required  by  the  agency  in its review of any project under
  section eight hundred nine and, at a minimum, by any local government in
  the adoption and enforcement of a local land use program. All  distances
  contained  in these restrictions shall be measured horizontally. For the
  purpose of this  section,  any  lot,  parcel  or  site  that  adjoins  a
  shoreline,  includes  a shoreline or, in whole or in part, is located at
  or within the minimum set back requirement as provided  in  subparagraph
  two  of paragraph a of this subdivision, and any land use or development
  on such a  lot,  parcel  or  site,  shall  be  deemed  to  involve  that
  shoreline.
    a.  In  the  case  of  the  shorelines  of all lakes and ponds and the
  shorelines of any river designated to be studied as a  wild,  scenic  or
  recreational river in accordance with the environmental conservation law
  or any river or stream navigable by boat, including canoe, the following
  restrictions shall apply:
    (1)  The  minimum  lot width measured along the shoreline for each one
  family residential structure shall be fifty feet in  hamlet  areas,  one
  hundred  feet  in  moderate intensity use areas, one hundred twenty-five
  feet in low intensity use areas, one hundred fifty  feet  in  rural  use
  areas,  and two hundred feet in resource management areas; provided that
  the minimum lot width for a lot not  adjoining  or  including  shoreline
  which  is  deemed  to involve shoreline for the purposes of this section
  may be measured lateral to the  shoreline  at  any  point  on  the  lot.
  Nothing   herein   shall  be  deemed  to  preclude  the  application  of
  appropriate shoreline restrictions to new uses  other  than  one  family
  residential  structures subject to project review by the agency or to an
  approved local land use program.
    (2) The minimum setback  of  all  principal  buildings  and  accessory
  structures  in  excess  of  one hundred square feet, other than docks or
  boathouses, from the mean high-water mark shall be fifty feet in  hamlet
  areas  and  moderate  intensity  use  areas,  seventy-five  feet  in low
  intensity and  rural  use  areas,  and  one  hundred  feet  in  resource
  management areas.
    (3)  The removal of vegetation, including trees, shall be permitted on
  shorefront lots provided the following standards are met:
    (a) Within thirty-five feet of the mean high-water mark not more  than
  thirty  percent  of the trees in excess of six inches diameter at breast
  height existing at any time may be cut over any ten-year period.
    (b) Within six feet of the mean high-water mark no vegetation  may  be
  removed, except that up to a maximum of thirty percent of the shorefront
  may be cleared of vegetation on any individual lot. This provision shall
  be adhered to in addition to (a) above.
    (c)  The  above  cutting  standards shall not be deemed to prevent the
  removal of diseased vegetation or of rotten or damaged trees or of other
  vegetation that present safety or health hazards.
    (4) The following minimum shoreline frontages shall be required in all
  land use areas for deeded or  contractual  access  to  all  such  lakes,
  ponds,  rivers  or  streams  for  five or more lots, parcels or sites or
  multiple  family  dwelling  units  not  having  separate  and   distinct
  ownership of shore frontage:
    (a)  Where  five  to twenty lots or multiple family dwelling units are
  involved, a total of not less than one hundred feet.

    (b) Where more than twenty and not  more  than  one  hundred  lots  or
  multiple  dwelling  units are involved, a minimum of three feet for each
  additional lot or multiple dwelling unit in excess of twenty.
    (c)  Where  more  than one hundred and not more than one hundred fifty
  lots or multiple dwelling units are involved, a minimum of two feet  for
  each additional lot or multiple dwelling unit in excess of one hundred.
    (d)  Where more than one hundred fifty lots or multiple dwelling units
  are involved, a minimum of one foot for each additional lot or  multiple
  dwelling unit in excess of one hundred fifty.
    b.  In  the  case of all lakes, ponds, rivers and streams, the minimum
  setback of any on-site sewage drainage field or seepage pit shall be one
  hundred feet from the mean high-water mark in all land use areas.
    2. In all of the above restrictions, the term "mean  high-water  mark"
  shall  mean  the  spillway  elevation contour, which is at seven hundred
  seventy-one feet elevation above mean  sea  level,  whenever  the  Great
  Sacandaga Lake is involved.
    3.  a.  Any  person  seeking  a variance from the strict letter of the
  shoreline  restrictions  in  connection  with  any  new  land   use   or
  development  or subdivision of land proposed to be located in a land use
  area  governed  by  an  approved  local  land  use  program  shall  make
  application  therefor  to  the  local  government  as  provided  in such
  approved local land use program. If a person is seeking such a  variance
  in  a  land use area not governed by an approved local land use program,
  he shall make application therefor to the  agency  whether  or  not  the
  agency  has  project  review  jurisdiction  over  the  new  land  use or
  development or subdivision of land involved.  Upon such application, and
  after public hearing thereon, the local government or the agency  shall,
  where  there  are practical difficulties or unnecessary hardships in the
  way of  carrying  out  the  strict  letter  of  the  restrictions,  have
  authority  to  vary  or  modify  the  application  of  such restrictions
  relating  to  the  use,  construction  or  alteration  of  buildings  or
  structures,  or the use of land, so that the spirit of such restrictions
  shall be observed, public safety and  welfare  secured  and  substantial
  justice done.
    b.  The  local  government shall act upon any application to it within
  the time provided for in its local land use program.  The  agency  shall
  act  upon  any  application  to  it  which  is associated with a project
  subject to its review jurisdiction within the period provided in section
  eight hundred nine. In the case of any  other  application,  the  agency
  shall  schedule  a  public  hearing within fifteen days of receipt of an
  application in such form and manner as it shall  prescribe.  The  public
  hearing  shall  be  commenced  within  thirty  days  of  the  date it is
  scheduled. The agency shall  act  upon  a  variance  application  within
  forty-five  days  of  the receipt by the agency of a complete record, as
  that term is defined in paragraphs (a) through (e) of subdivision one of
  section three hundred two of the state administrative procedure act.
    4. The shoreline restrictions shall not apply to  any  emergency  land
  use  or development which is immediately necessary for the protection of
  life or property as defined by the agency in its rules  and  regulations
  governing  its  procedures  to  review projects as authorized in section
  eight hundred nine.
    5. In order to encourage clustering of buildings and  the  maintenance
  of  undeveloped  shorelines,  as an alternative to minimum lot widths of
  the shoreline restriction, shoreline development may take place  in  the
  following   land  use  areas  upon  the  following  approximate  overall
  intensities of principal buildings (other than  boathouses)  per  linear
  mile of shoreline or proportionate fraction thereof:

                                             Principal Buildings
    Land Use Areas                             Per Linear Mile
    Hamlet ............................................... 106
    Moderate Intensity .................................... 53
    Low Intensity ......................................... 42
    Rural Use ............................................. 36
    Resource Management ................................... 26
 
    This alternative method of cluster shoreline development shall only be
  employed  where  a  single  ownership  or  a group of two or more owners
  acting in concert is involved. In addition, approval of this  method  of
  development  must carry with it provisions, whether by deed restriction,
  restrictive covenant or other similar appropriate means, to  insure  the
  retention  in  open  space  of  the  undeveloped  portions  of shoreline
  developed on a cluster basis. The  agency,  within  its  project  review
  jurisdiction,  or  a  local  government under an approved local land use
  program, may apply these optional shoreline clustering provisions.   Any
  person proposing to undertake new land use or development or subdivision
  of  land  in  a land use area not governed by an approved local land use
  program  and  that  is  not  subject  to  the  agency's  project  review
  jurisdiction,  may  apply  to  the  agency  for  a permit to employ such
  alternative method and the agency shall have authority to grant  such  a
  permit  if  the  above required terms and conditions are met. The agency
  shall act  upon  such  application  within  thirty  days  after  receipt
  thereof.