N.Y. Comp. Codes R. & Regs. tit. 9 § 572.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 572.4 - Permit application requirements generally

(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.

(b) Where agreed to by the local government involved, each application shall be accompanied by a form signed by an appropriate municipal official indicating (1) whether any permit or approval will be required by the local government, and, if so, whether such permit or approval has been granted or denied, and (2) whether the proposed project is a prohibited use under any local law or ordinance.

(c) The agency may request any additional information and data reasonably necessary to enable it to make the findings and determinations required by section 809 of the Adirondack Park Agency Act or by these regulations. Except in the case of minor projects, the additional information may include:

(1) an environmental impact statement containing some or all of the elements described in section 8-0109(2) of the Environmental Conservation Law, including information as to alternatives to the project;

(2) an analysis of the ability of the public to provide supporting facilities and services made necessary by the project;

(3) a report on the benefits that might be derived from the project;

(4) any plans the project sponsor has for future development related to the project;

(5) any relevant information describing the project sponsor, including financial capacity, and any professional advisors or consultants who participated in the preparation of the application;

(6) information related to alternate sites, in the case of projects which are not site-specific, such as antennae, towers, utility lines or other facilities, public buildings and facilities, and in cases where the project sponsor has the power of eminent domain; and

(7) information related to reasonable alternative means of achieving project goals.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 572.4