N.Y. Comp. Codes R. & Regs. tit. 9 § 574.5

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

Section 574.5 - Further definitions of the development considerations

Those development considerations of section 805(4) of the Adirondack Park Agency Act which are pertinent will be considered by the agency in its review of projects. A list of the development considerations, containing certain further definitions, is set forth below:

(a) Natural resource considerations.

(1) Water.

(i) Existing water quality.

(ii) Natural sedimentation or siltation.

(iii) Eutrophication, as considered by the agency in its review of projects, means accelerated increases in the content of plant nutrients in a water body, caused by excess phosphorus and nitrogen, which typically result in murky water and nuisance algae blooms. If unchecked, this cultural enrichment will severely limit usage of surface waters for drinking, swimming and fishing, and will lead to the decline or disappearance of aquatic organisms and ultimately the death of the water body.

(iv) Existing drainage and runoff patterns.

(v) Existing flow characteristics.

(vi) Existing water table and rates of recharge means the seasonal high groundwater table and the aquifer recharge rate.

(a) The seasonal high groundwater table is the highest surface of a zone of saturated soil which is at least six inches thick and which persists during the average year for more than a week when the ground is free of frost.

(b) An aquifer is a permeable geologic formation which will yield significant quantities of potable water for supply by such means as drilled or artesian wells, springs and stream recharge.

(c) An aquifer recharge area is a region of land surface supplying water to an aquifer, and is characterized by gently sloping (less than 8%) soils with a rapid permeability rate (generally greater than 6.3 inches per minute) or with moderate to highly fractured bedrock at or near the surface.

(2) Land.

(i) Existing topography.

(ii) Erosion and slippage.

(iii) Floodplain and flood hazard includes floodplains, floodways and floodway fringes as determined by the highest level of flood that, on the average, is likely to be equalled or exceeded once every 100 years.

(a) A floodplain is a normally dry land area, adjoining rivers, streams, ponds, lakes or wetlands, which is susceptible to partial or complete inundation due to:

(1) overflow of inland waters;

(2) unusual or rapid accumulation or runoff of surface waters from any source, including spring snowmelt, severe rainfall, and/or oversaturation of the soil; or

(3) mudslides or mudflows proximately caused or precipitated by accumulations of water on or under the ground.

(b) Floodways are the part of the floodplain that must remain unrestricted in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point. They comprise the stream channel and immediately adjacent lands which are frequently flooded and which help carry the major portion of floodwaters during extreme floods.

(c) Floodway fringes are the parts of the floodplain extending from the outer edge of the floodway to the outer limit of the 100-year floodplain. Water in floodway fringes is often shallow and slow moving, even during a major flood.

(iv) Mineral resources.

(v) Viable agricultural soils means those soils suited for commercial agricultural production. See Feuer and Maine, Soil Groups for Agriculture: A Report of Soils Occurring Primarily on Private Land Within the Blue Line of the Adirondack Park (New York State College of Agriculture and Life Sciences at Cornell University, 1972).

(vi) Forest resources.

(vii) Open-space resources.

(viii) Vegetative cover.

(ix) The quality and availability of land for outdoor recreational purposes.

(3) Air.

(i) Air quality.

(4) Noise.

(i) Noise levels.

(5) Critical resource areas.

(i) Rivers and corridors of rivers designated to be studied as wild, scenic or recreational in accordance with section 15-2715 of the Environmental Conservation Law.

(ii) Rare plant communities means communities of native terrestrial plant species that occur at less than 30 recorded locations in New York State, as shown on the Listing of Rare and Endangered Plants prepared by the agency or as may be located on the Unique Natural and Culture Feature Maps maintained by the agency.

(iii) Habitats of rare and endangered species and key wildlife habitats.

(a) Habitats of rare and endangered species means habitats and likely habitats of rare plant communities and of terrestrial wildlife listed in Rare and Endangered Wildlife within the Adirondack Park,appendix D of the agency publication Development in the Adirondack Park.

(b) Key wildlife habitats means habitats required for the survival of wildlife species which are characteristic of the northern hardwood and coniferous forests of the Adirondack Park, many of which are unique, within New York, to the Adirondacks or rare or endangered within the State. Key wildlife habitats include:

(1) deer wintering yards, which means areas having a distinctive combination of vegetation, topography and hydrological characteristics that offer protection and food for deer forced to seek shelter due to deep snow or severe weather conditions;

(2) waterfowl nesting, resting and feeding areas, which means areas vitally important to the maintenance of breeding and migrating waterfowl populations, especially shallow and deep water marshes contiguous to open water;

(3) ecotones, which means areas of major vegetation transition zones providing valuable food, shelter, water and rearing areas for a variety of wildlife species, some of which live primarily within the ecotone, and some of which depend on it during certain periods of their life cycle. Ecotones include borders of lakes, ponds, rivers and streams, borders between coniferous and hardwood vegetation, and the edges of open areas such as fields and plains which abut forested lands.

(iv) Alpine and subalpine life zones.

(v) Wetlands.

(vi) Unique features, including gorges, waterfalls and geologic formations.

(6) Wildlife.

(i) Fish and wildlife.

(7) Aesthetics means harmonizing land use or development with the natural environment.

(i) Scenic vistas include distant views through or along an opening, especially views which frame or focus attention upon a scene of distinctive character and natural beauty such as a prominent landmark, mountain, river valley, plain, or historical monument. Scenic vistas include those designated on the official Adirondack Park land use and development plan map, and those locally designated.

(ii) Natural and man-made travel corridors include the land or water visible from natural and man-made transportation routes such as interstate, State, county and town highways, boating and canoe routes, and hiking and horse trails.

(b) Historic site considerations.

(1) Historic factors:

(i) historic sites of structures.

(c) Site development considerations.

(1) Natural site factors.

(i) Geology.

(ii) Slopes.

(iii) Soil characteristics.

(iv) Depth to groundwater and other hydrological factors.

(2) Other site factors.

(i) Adjoining and nearby land uses.

(ii) Adequacy of site facilities.

(d) Governmental considerations.

(1) Governmental service and finance factors.

(i) Ability of government to provide facilities and services means the effect of a land use or development or subdivision of land upon the fiscal affairs of all local governments under a duty to provide services and facilities such as education, recreation, police and fire protection, public health, public sewer and water, sanitary landfills and transportation, assuming the current tax structure and tax rates are to be maintained.

(ii) Municipal, school or special district taxes or special district user charges.

(e) Governmental review considerations.

(1) Governmental control factors. Conformance with other governmental controls includes conformance with local land use controls in accordance with section 574.6 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 574.5