N.Y. Comp. Codes R. & Regs. tit. 9 § 582.2

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

Section 582.2 - Criteria for approval of local land use programs

A local land use program will comply with section 807(2) of the Adirondack Park Agency Act if:

(a)

(1) It is based upon a current and comprehensive inventory and analysis of the natural resources of the lands and existing facilities within the local government; and

(2) it contains statutes and regulations which guide land use and development throughout the local jurisdiction and establish boundaries of local land use districts which reflect all natural and man-made opportunities for and limitations to development.

The scope and intensity of the studies may differ from community to community in light of community resources, previous planning work, if any, and the data base essential for the review of class B regional projects.

(b) It contains local land use controls, including subdivision regulations, a zoning ordinance or local law, and a sanitary code, which:

(1) conform with applicable provisions of State law;

(2) provide for land use control throughout the jurisdiction of the local government; and

(3) provide for the referral to the agency of any proposed amendments described in section 582.5 of this Part.

(c) It contains subdivision regulations which:

(1) make appropriate provision for the review of subdivisions which are class B regional projects as provided in section 807(2)(f) of the Adirondack Park Agency Act;

(2) provide opportunity for clustering of new development;

(3) contain adequate standards relating to lot layout, road design and construction, public utility installation, erosion control and revegetation of disturbed areas, protection of shorelines and unique natural and cultural features, and provision of recreation areas and preservation of open space;

(4) provide for the review of all subdivisions of land of two or more lots except that, where local conditions warrant, a local land use program may utilize a different review threshold for subdivisions, to include no less than all divisions of land into five or more lots, parcels or sites, and all other divisions of land involving a new public or private road regardless of the number of lots involved.

Paragraphs (2) and (3) of this subdivision may be satisfied by other provisions in a local land use program including zoning and/or land use controls other than subdivision regulations.

(d) It contains zoning regulations which:

(1) provide for and encourage, in each local land use district, land uses and developments that are compatible with the character, description and objectives of that district as stated in the local comprehensive plan, and reasonably apply the compatible uses lists of the Adirondack Park land use and development plan;

(2) reasonably apply the overall intensity guidelines, through minimum lot area specifications or other appropriate means, and if a wild, scenic or recreational river is located within the local government, provide for a rivers system land management plan or for intensity controls in conformance with Part 577 of these regulations;

(3) include dimensional regulations in which the minimum shoreline lot widths and building setbacks comply with or exceed section 806 of the Adirondack Park Agency Act;

(4) include at a minimum the shoreline vegetative cutting restrictions, and restrictions concerning deeded or contractual access to shoreline of section 806 of the Adirondack Park Agency Act;

(5) incorporate, or make reference to, for purposes of determining regional project jurisdiction, the official Adirondack Park Land Use and Development Plan Map;

(6) make provision for the review of class B regional projects as provided in section 807(2)(f) of the Adirondack Park Agency Act;

(7) provide for sign and junkyard control, including local sign regulations in conformance, at a minimum, with Appendix Q-3 of these regulations;

(8) include provisions for notice to the agency of variance applications described in section 582.6 of this Part; and

(9) provide for administration and enforcement of the zoning regulations.

(e) It contains a sanitary code, or incorporates by reference the regulations of a consolidated or county health district, which:

(1) provides for site review of all new onsite wastewater treatment systems prior to issuance of building permits; and

(2) complies with the regulations of the Department of Health contained in 10 NYCRR Part 75, the standards set forth in the agency's model sanitary code, and, if required by the agency based upon local soil conditions, the additional standards set forth in Appendix Q-4 of these regulations.

(f) This section shall not be construed to prevent the development and submission of local land use programs which contain additional or supplemental provisions, or to restrain initiative on the part of local governments desiring to develop local land use programs in alternate formats as warranted by local conditions.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 582.2