N.Y. Comp. Codes R. & Regs. tit. 9 § 573.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 573.5 - Increase or expansion of certain land uses or developments

(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.

(b) Mobile home courts and campgrounds. Expansions of mobile home courts or campgrounds shall be measured in terms of the number of new sites in relation to existing sites.

(c) Hotels, motels and tourist accommodations. Expansions of hotels, motels and tourist accommodation complexes (whether in one or more than one building) shall be measured in terms of either the increase in total accommodation units or in the amount of new square footage (excepting accessory structures). An increase by 25 percent or more in either total number of units or total square footage shall be considered a 25 percent expansion of the use.

(d) Group camps. Expansions of group camps shall be measured in terms of either the increase in capacity of the group camp or in total square footage (excepting accessory structures). An increase by 25 percent or more in either shall be considered a 25 percent expansion of the use.

(e) Public and semi-public buildings. An expansion by 25 percent or more of the existing floor space of a municipal building, or of any component building of a college, school, hospital, animal hospital, library, place of worship, museum, research center, rehabilitation center or similar facility, shall be deemed a 25 percent expansion of a public or semi-public building. An agency permit is required for the construction of any new component building, other than an accessory structure, which is a class A or class B regional project as provided in sections 810 and 811(5) of the Adirondack Park Agency Act.

(f) Ski centers; golf courses. Expansions of ski centers and golf courses shall be measured in terms of the increase in the ground surface area disturbed by the use.

(g) Commercial sand and gravel extractions. Expansions of commercial sand and gravel extractions shall be measured in terms of the increase in the total ground surface area disturbed by the use. Vertical and subsurface expansions will not be considered.

(h) Mineral extractions. Expansions of mineral extractions shall be measured in terms of the increase in the total ground surface are disturbed by all aspects of the mineral extraction operation. Vertical and subsurface expansions will not be considered, nor will increased productivity brought about by improved technology, increased manpower or different methods of extraction.

(i) Municipal roads. Lateral expansions of municipal roads shall be measured in terms of the amount of clearing (cutting of woody vegetation four inches or more in diameter at breast height), grading or other disturbance of land adjacent thereto. A municipal road consists of the roadway, shoulders, ditches and cut and fill areas. Any lineal extension of an existing road shall be considered a new road rather than an expansion.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 573.5