N.Y. Comp. Codes R. & Regs. tit. 9 § 572.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 572.6 - General requirements for the review of large scale projects or other projects to be undertaken in sections

(a) Permits may be granted for the development of large scale projects or other projects to be undertaken in sections, subject to conditions relating to improvements and services for and completion of the total project that the agency deems reasonable and necessary.

(b) No application for a large scale project or other project to be undertaken in sections shall be deemed complete unless it contains sufficient information as to design of the entire project to allow the agency to assess the impact of the entire project pursuant to section 809(9) or 809(10)(e) of the Adirondack Park Agency Act. The agency may request additional information as to the entire project before determining complete the permit application for initial section(s).

(c) In addition to details as to final design of those sections of the project which the sponsor desires to develop first, an application for the review of a large scale project or other project to be undertaken in sections shall contain the following, unless demonstrated by the project sponsor not to be pertinent:

(1) Maps.

(i) A project site base map, at a scale appropriate to the project, showing ownership boundary lines, the boundary of the project (if not identical with the property boundaries), owners of inholdings, if any, adjoining and adjacent landowners, existing facilities, buildings and structures on the site, streams (including intermittent streams), rivers, ponds, lakes and existing roads.

(ii) A soils map, at the same scale as the project site base map, delineating all soil series at an appropriate level of detail.

(iii) A slope map, at the same scale as the project site base map, indicating contour elevations at intervals to be determined by the agency, and shaded to show slope categories of 0-3%, 3-8%, 8-15%, 15-25%, and 25%+.

(iv) A critical areas map, at the same scale as the project site base map, indicating:

(a) fragile lands such as shorelines and wetlands;

(b) rare or valuable ecosystems and geological formations;

(c) significant wildlife habitats;

(d) unique scenic or historic areas;

(e) natural hazard lands such as 100-year floodplains, areas frequently subject to weather disasters, and areas of unstable geological, ice or snow formations; and

(f) renewable resource lands such as aquifers and aquifer recharge areas, mineral resource areas, significant agricultural lands, public watershed lands, areas presently visible from public roads or waterways, and areas that will become visible upon completion of the project.

(v) A generalized resource capability map, at the same scale as the project site base map, indicating, through the use of overlay shadings and a development limitation rating system, the cumulative limitations to development due to the above resource maps. This map should be done prior to any survey, engineering, site layout or design work.

(vi) A proposed general development map, at the same scale as the project site base map, showing generally areas of proposed development; the approximate number of lots and average size or other type of development in each general area; areas proposed to be retained as open space; the plan map land use area boundaries; the location of proposed facilities such as dams and impoundments, community water systems, storm drainage systems, community sewerage systems, industrial wastewater discharges, and waste disposal areas; the proposed primary road network; and all areas to be disturbed by construction activities.

(2) Narrative and non-map data. A project sponsor will be expected to describe the following, as well as the methodology used to develop, design or ascertain the existence of each item:

(i) soil, slope and critical resources data not presented on the base maps;

(ii) terrestrial and aquatic flora and fauna;

(iii) surface drainage patterns;

(iv) aesthetics;

(v) adjoining and nearby land uses;

(vi) existing on-site land uses;

(vii) public transportation facilities;

(viii) public water and sewage systems, other public utilities, storm drainage plans; erosion and sedimentation control measures, solid waste disposal methods; alterations to shorelines, wetlands and water bodies;

(ix) natural materials to be used in construction;

(x) proposed uses of pesticides and herbicides;

(xi) sources of air and noise pollution;

(xii) outdoor recreational facilities and open-space resources;

(xiii) all legal instruments, such as homeowners' association charters and agreements, proposed declarations of covenants, deeds and other documents and instruments of conveyance;

(xiv) economic and governmental service considerations, such as existing governmental capabilities, burden or benefit of the project on local levels of employment, and the tax base; and

(xv) plans to develop other lands in common with, in a group of, controlling, or controlled by others acting in concert with the sponsor or as part of a common scheme or plan.

The agency may require the submission of reasonable additional data, including information listed in section 572.4 of these regulations.

(d) An agency decision relating to a section of a project shall contain findings and conclusions with respect to the likely impact of the entire project and its compliance with section 809(9) or 809(10) of the Adirondack Park Agency Act.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 572.6