§ 805 — Adirondack park land use and development plan
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§ 805. Adirondack park land use and development plan.
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§ 805. Adirondack park land use and development plan. 1. Adoption;\nstatus report. a. The Adirondack park land use and development plan is\nhereby adopted and shall hereafter serve to guide land use planning and\ndevelopment throughout the entire area of the Adirondack park, except\nfor those lands owned by the state.\n b. The agency shall, in consultation with the Adirondack park local\ngovernment review board, continually review and evaluate the land use\nand development plan as an ongoing planning process in the light of\nchanging needs and conditions. The agency shall consult and work closely\nwith local governments and local, county and regional planning agencies\nin this ongoing planning process, particularly as it pertains to their\nrespective territorial areas and jurisdictions. In February, nineteen\nhundred seventy-six, the agency shall submit a comprehensive report to\nthe governor and the legislature, furnishing a copy thereof to the clerk\nof the county legislative body of each county wholly or partly within\nthe park and to the review board concerning the status of this planning\nprocess and the administration and enforcement of the land use and\ndevelopment plan, as provided for herein, by the agency and local\ngovernments.\n 2. Official Adirondack park land use and development plan map. a. The\nofficial Adirondack park land use and development plan map shall have\nthe land use planning and regulatory effect authorized under this\narticle.\n b. Within twenty days after the enactment of this section, the agency\nshall file the Official Adirondack park land use and development plan\nmap, as approved by the agency on March third, nineteen hundred\nseventy-three, and filed in the capitol, at its headquarters and a\ncertified copy thereof with the secretary of state and reasonable\nfacsimiles thereof with the review board and the clerk of each county\nand local government wholly or partially within the Adirondack park.\nWithin twenty days after any amendment to the plan map, whether by law\nor by the agency, except an amendment granting in part a request by the\nlegislative body of a local government pursuant to subparagraph three of\nparagraph c of this subdivision, the agency shall enter such amendment\non the plan map filed at its headquarters and file a certified copy\nthereof with the review board and each of the state and local officers\nwith whom a copy of the plan map is on file hereunder. The agency shall\nenter and file amendments granting in part a request by the legislative\nbody of a local government pursuant to subparagraph three of paragraph c\nof this subdivision no sooner than sixty days and no later than ninety\ndays after making such amendments. Such state and local officers shall\nenter such amendment on the plan map on file with them upon receipt of\nsuch certified copy in accordance with procedures prescribed by the\nagency. Such amendments shall take effect upon conclusion of such\ntwenty-day or ninety-day filing period.\n c. The agency may make the following amendments to the plan map in the\nfollowing manner: (1) Any amendment to reclassify land from any land use\narea to any other land use area or areas, if the land involved is less\nthan twenty-five hundred acres, after public hearing thereon and upon an\naffirmative vote of two-thirds of its members, at the request of any\nowner of record of the land involved or at the request of the\nlegislative body of a local government.\n (2) Any amendment to reclassify land from any land use area to any\nother land use area or areas for which a greater intensity of\ndevelopment is allowed under the overall intensity guidelines if the\nland involved is less than twenty-five hundred acres, after public\nhearing thereon and upon an affirmative vote of two-thirds of its\nmembers, on its own initiative.\n (3) Any amendment to reclassify land from any land use area to any\nother land use area or areas, if the reclassification effects a\ncomprehensive review and evaluation of the plan map, at the request of\nthe legislative body of a local government which has (a) completed and\nsubmitted to the agency a current and comprehensive inventory and\nanalysis of the natural resource, open space, public, economic and other\nland use factors as may reflect the relative development amenability and\nlimitations of the lands within its entire jurisdiction, and (b)\nformally adopted after public hearing a comprehensive master plan\nprepared pursuant to section two hundred seventy-two-a of the town law\nor section 7-722 of the village law, after public hearing thereon and\nupon an affirmative vote of a majority of its members. If the agency\ngrants the amendment request in part, it shall not enter or file the\namendment or amendments for a period of sixty days thereafter, during\nwhich time the legislative body of the local government may withdraw its\nrequest.\n (4) Any amendment to clarify the boundaries of the land use areas as\nshown on the plan map, to correct any errors on the map or effect other\ntechnical changes on the map, upon an affirmative vote of a majority of\nits members and without a public hearing thereon, unless the agency\ndetermines that a public hearing is appropriate, on its own motion or at\nthe request of the legislative body of a local government or at the\nrequest of any owner of record of the land involved.\n (5) Before making any plan map amendment, except pursuant to\nsubparagraph four of this paragraph, the agency must find that the\nreclassification would accurately reflect the legislative findings and\npurposes of section eight hundred one of this article and would be\nconsistent with the land use and development plan, including the\ncharacter description and purposes, policies and objectives of the land\nuse area to which reclassification is proposed, taking into account such\nexisting natural resource, open space, public, economic and other land\nuse factors and any comprehensive master plans adopted pursuant to the\ntown or village law, as may reflect the relative development amenability\nand limitations of the land in question. The agency's determination\nshall be consistent with and reflect the regional nature of the land use\nand development plan and the regional scale and approach used in its\npreparation.\n d. The agency may, after consultation with the Adirondack park local\ngovernment review board, recommend to the governor and legislature any\nother amendments to the plan map after public hearing thereon and upon\nan affirmative vote of a majority of its members.\n e. Upon receipt of a request to amend the plan map or upon determining\nto amend the map on its own initiative, the agency shall provide notice\nof receipt of the request or notice of the determination and a brief\ndescription of the amendment requested or contemplated to the Adirondack\npark local government review board, the chairman of the county planning\nagency, if any, the chairman of the appropriate regional planning board,\nand to the chief elected officer, clerk and planning board chairman, if\nany, of the local government wherein the land is located, and shall\ninvite their comments.\n f. The public hearings required or authorized in this subdivision\nshall be held by the agency in each local government wherein such land\nis located after not less than fifteen days notice thereof by\npublication at least once in a newspaper of general circulation in such\nlocal government or local governments, by conspicuous posting of the\nland involved, and by individual notice served by certified mail upon\neach owner of such land to the extent discernible from the latest\ncompleted tax assessment roll and by mail upon the Adirondack park local\ngovernment review board, the persons named in paragraph e of this\nsubdivision, and the clerk of any local government within five hundred\nfeet of the land involved.\n g. The agency shall act upon requests for amendments to the plan map\nwithin one hundred twenty days of receipt of a request in such form and\nmanner as it shall prescribe; provided, however, that in the case of\nrequests concerning which it determines to hold a public hearing, it\nshall, within ninety days of receipt of the request, schedule the\nhearing and shall act within sixty days of the close of the hearing. In\nthe case of a request received when snow cover or ground conditions\nprevent such field investigation as is necessary to act with respect to\nthe request, or in the case of a request or series of related requests\nexceeding five hundred acres, the time periods herein provided shall be\nextended an additional ninety days or until adequate field inspection is\npossible, whichever is the lesser period. Any of the time periods\nspecified in this paragraph may be waived or extended for good cause by\nwritten request of the applicant and consent of the agency or by written\nrequest of the agency and consent by the applicant.\n 3. Land use areas: character descriptions, and purposes, policies and\nobjectives; overall intensity guidelines; classification of compatible\nuses lists. a. The primary uses on the classification of compatible uses\nlist for each land use area except hamlet areas, as set forth in this\nsubdivision, are those uses generally considered compatible with the\ncharacter, purposes, policies and objectives of such land use area, so\nlong as they are in keeping with the overall intensity guideline for\nsuch area. The secondary uses on such list are those which are generally\ncompatible with such area depending upon their particular location and\nimpact upon nearby uses and conformity with the overall intensity\nguideline for such area.\n b. The classification of compatible uses lists shall also include any\nadditions thereto by agency amendment pursuant to this section, and the\nagency may, after consultation with the Adirondack park local government\nreview board, recommend subtractions thereto to the governor and\nlegislature upon an affirmative vote of a majority of its members and\nafter public hearing thereon. The agency may amend the classification of\ncompatible uses lists to make additions thereto after public hearing\nthereon and upon an affirmative vote of two-thirds of its members. A\ncertified copy of the agency's resolution adopting such amendment shall,\nwithin twenty days after adoption thereof, be filed by the agency with\nthe Adirondack park local government review board and the same state and\nlocal officers with whom the plan map is required to be filed under\nparagraph b of subdivision two and with the legislature. Such amendments\nshall take effect upon conclusion of such twenty-day filing period. The\npublic hearings authorized or required in this paragraph shall be held\nin any county wholly or partially within the Adirondack park after not\nless than fifteen days notice thereof by publication at least once in a\nnewspaper of general circulation in each county wholly or partially\nwithin the park and in at least three metropolitan areas of the state,\nand individual notice served by mail upon:\n (1) the chairman of the planning board, if any, and the clerk of each\nlocal government, and the chairman of the county planning agency, if\nany, and the clerk of each county, wholly or partially within the park;\n (2) the chairman of each regional planning agency whose jurisdiction\nis wholly or partially within the park; and\n (3) the Adirondack park local government review board.\n c. Hamlet areas. (1) Character description. Hamlet areas, delineated\nin brown on the plan map, range from large, varied communities that\ncontain a sizeable permanent, seasonal and transient populations with a\ngreat diversity of residential, commercial, tourist and industrial\ndevelopment and a high level of public services and facilities, to\nsmaller, less varied communities with a lesser degree and diversity of\ndevelopment and a generally lower level of public services and\nfacilities.\n (2) Purposes, policies and objectives. Hamlet areas will serve as the\nservice and growth centers in the park. They are intended to accommodate\na large portion of the necessary and natural expansion of the park's\nhousing, commercial and industrial activities. In these areas, a wide\nvariety of housing, commercial, recreational, social and professional\nneeds of the park's permanent, seasonal and transient populations will\nbe met. The building intensities that may occur in such areas will allow\na high and desirable level of public and institutional services to be\neconomically feasible. Because a hamlet is concentrated in character and\nlocated in areas where existing development patterns indicate the demand\nfor and viability of service and growth centers, these areas will\ndiscourage the haphazard location and dispersion of intense building\ndevelopment in the park's open space areas. These areas will continue to\nprovide services to park residents and visitors and, in conjunction with\nother land use areas and activities on both private and public land,\nwill provide a diversity of land uses that will satisfy the needs of a\nwide variety of people.\n The delineation of hamlet areas on the plan map is designed to provide\nreasonable expansion areas for the existing hamlets, where the\nsurrounding resources permit such expansion. Local government should\ntake the initiative in suggesting appropriate expansions of the\npresently delineated hamlet boundaries, both prior to and at the time of\nenactment of local land use programs.\n (3) All land uses and development are considered compatible with the\ncharacter, purposes and objectives of hamlet areas.\n (4) No overall intensity guideline is applicable to hamlet areas.\n d. Moderate intensity use area. (1) Character description. Moderate\nintensity use areas, delineated in red on the plan map, are those areas\nwhere the capability of the natural resources and the anticipated need\nfor future development indicate that relatively intense development,\nprimarily residential in character, is possible, desirable and suitable.\n These areas are primarily located near or adjacent to hamlets to\nprovide for residential expansion. They are also located along highways\nor accessible shorelines where existing development has established the\ncharacter of the area.\n Those areas identified as moderate intensity use where relatively\nintense development does not already exist are generally characterized\nby deep soils on moderate slopes and are readily accessible to existing\nhamlets.\n (2) Purposes, policies and objectives. Moderate intensity use areas\nwill provide for development opportunities in areas where development\nwill not significantly harm the relatively tolerant physical and\nbiological resources. These areas are designed to provide for\nresidential expansion and growth and to accommodate uses related to\nresidential uses in the vicinity of hamlets where community services can\nmost readily and economically be provided. Such growth and the services\nrelated to it will generally be at less intense levels than in hamlet\nareas.\n (3) Guidelines for overall intensity of development. The overall\nintensity of development for land located in any moderate intensity use\narea should not exceed approximately five hundred principal buildings\nper square mile.\n (4) Classification of compatible uses:\n Primary uses in moderate intensity use areas:\n 1. Single family dwellings.\n 2. Individual mobile homes.\n 3. Open space recreation uses.\n 4. Agricultural uses.\n 5. Agricultural use structures.\n 6. Forestry uses.\n 7. Forestry use structures.\n 8. Hunting and fishing cabins and hunting and fishing and other\nprivate club structures.\n 9. Game preserves and private parks.\n 10. Cemeteries.\n 11. Private roads.\n 12. Private sand and gravel extractions.\n 13. Public utility uses.\n 14. Accessory uses and structures to any use classified as a\ncompatible use.\n Secondary uses in moderate intensity use areas:\n 1. Multiple family dwellings.\n 2. Mobile home courts.\n 3. Public and semi-public buildings.\n 4. Municipal roads.\n 5. Agricultural service uses.\n 6. Commercial uses.\n 7. Tourist accommodations.\n 8. Tourist attractions.\n 9. Marinas, boatyards and boat launching sites.\n 10. Campgrounds.\n 11. Group camps.\n 12. Golf courses.\n 13. Ski centers.\n 14. Commercial seaplane bases.\n 15. Commercial or private airports.\n 16. Sawmills, chipping mills, pallet mills and similar wood using\nfacilities.\n 17. Commercial sand and gravel extractions.\n 18. Mineral extractions.\n 19. Mineral extraction structures.\n 20. Watershed management and flood control projects.\n 21. Sewage treatment plants.\n 22. Major public utility uses.\n 23. Industrial uses.\n e. Low intensity use areas. (1) Character description. Low intensity\nuse areas, delineated in orange on the plan map, are those readily\naccessible areas, normally within reasonable proximity to a hamlet,\nwhere the physical and biological resources are fairly tolerant and can\nwithstand development at an intensity somewhat lower than found in\nhamlets and moderate intensity use areas. While these areas often\nexhibit wide variability in the land's capability to support\ndevelopment, they are generally areas with fairly deep soils, moderate\nslopes and no large acreages of critical biological importance. Where\nthese areas are adjacent to or near hamlets, clustering homes on the\nmost developable portions of these areas makes possible a relatively\nhigh level of residential units and local services.\n (2) Purposes, policies and objectives. The purpose of low intensity\nuse areas is to provide for development opportunities at levels that\nwill protect the physical and biological resources, while still\nproviding for orderly growth and development of the park. It is\nanticipated that these areas will primarily be used to provide housing\ndevelopment opportunities not only for park residents but also for the\ngrowing seasonal home market. In addition, services and uses related to\nresidential uses may be located at a lower intensity than in hamlets or\nmoderate intensity use areas.\n (3) Guidelines for overall intensity of development. The overall\nintensity of development for land located in any low intensity use area\nshould not exceed approximately two hundred principal buildings per\nsquare mile.\n (4) Classification of compatible uses:\n Primary uses in low intensity use areas:\n 1. Single family dwellings.\n 2. Individual mobile homes.\n 3. Open space recreation uses.\n 4. Agricultural uses.\n 5. Agricultural use structures.\n 6. Forestry uses.\n 7. Forestry use structures.\n 8. Hunting and fishing cabins and hunting and fishing and other\nprivate club structures.\n 9. Game preserves and private parks.\n 10. Private roads.\n 11. Cemeteries.\n 12. Private sand and gravel extractions.\n 13. Public utility uses.\n 14. Accessory uses and structures to any use classified as a\ncompatible use.\n Secondary uses in low intensity use areas:\n 1. Multiple family dwellings.\n 2. Mobile home courts.\n 3. Public and semi-public buildings.\n 4. Municipal roads.\n 5. Agricultural service uses.\n 6. Commercial uses.\n 7. Tourist accommodations.\n 8. Tourist attractions.\n 9. Marinas, boatyards and boat launching sites.\n 10. Golf courses.\n 11. Campgrounds.\n 12. Group camps.\n 13. Ski centers.\n 14. Commercial seaplane bases.\n 15. Commercial or private airports.\n 16. Sawmills, chipping mills, pallet mills and similar wood using\nfacilities.\n 17. Commercial sand and gravel extractions.\n 18. Mineral extractions.\n 19. Mineral extraction structures.\n 20. Watershed management and flood control projects.\n 21. Sewage treatment plants.\n 22. Waste disposal areas.\n 23. Junkyards.\n 24. Major public utility uses.\n 25. Industrial uses.\n f. Rural use areas. (1) Character description. Rural use areas,\ndelineated in yellow on the plan map, are those areas where natural\nresource limitations and public considerations necessitate fairly\nstringent development constraints. These areas are characterized by\nsubstantial acreages of one or more of the following: fairly shallow\nsoils, relatively severe slopes, significant ecotones, critical wildlife\nhabitats, proximity to scenic vistas or key public lands. In addition,\nthese areas are frequently remote from existing hamlet areas or are not\nreadily accessible.\n Consequently, these areas are characterized by a low level of\ndevelopment and variety of rural uses that are generally compatible with\nthe protection of the relatively intolerant natural resources and the\npreservation of open space. These areas and the resource management\nareas provide the essential open space atmosphere that characterizes the\npark.\n (2) Purposes, policies and objectives. The basic purpose and objective\nof rural use areas is to provide for and encourage those rural land uses\nthat are consistent and compatible with the relatively low tolerance of\nthe areas' natural resources and the preservation of the open spaces\nthat are essential and basic to the unique character of the park.\nAnother objective of rural use areas is to prevent strip development\nalong major travel corridors in order to enhance the aesthetic and\neconomic benefit derived from a park atmosphere along these corridors.\n Residential development and related development and uses should occur\non large lots or in relatively small clusters on carefully selected and\nwell designed sites. This will provide for further diversity in\nresidential and related development opportunities in the park.\n (3) Guideline for overall intensity of development. The overall\nintensity of development for land located in any rural use area should\nnot exceed approximately seventy-five principal buildings per square\nmile.\n (4) Classification of compatible uses.\n Primary uses in rural use areas:\n 1. Single family dwellings.\n 2. Individual mobile homes.\n 3. Open space recreation uses.\n 4. Agricultural uses.\n 5. Agricultural use structures.\n 6. Forestry uses.\n 7. Forestry use structures.\n 8. Hunting and fishing cabins and hunting and fishing and other\nprivate club structures.\n 9. Game preserves and private parks.\n 10. Cemeteries.\n 11. Private roads.\n 12. Private sand and gravel extractions.\n 13. Public utility uses.\n 14. Accessory uses and structures to any use classified as a\ncompatible use.\n Secondary uses in rural use areas:\n 1. Multiple family dwellings.\n 2. Mobile home courts.\n 3. Public and semi-public buildings.\n 4. Municipal roads.\n 5. Agricultural service uses.\n 6. Commercial uses.\n 7. Tourist accommodations.\n 8. Marinas, boatyards and boat launching sites.\n 9. Golf courses.\n 10. Campgrounds.\n 11. Group camps.\n 12. Ski centers.\n 13. Commercial seaplane bases.\n 14. Commercial or private airports.\n 15. Sawmills, chipping mills, pallet mills and similar wood using\nfacilities.\n 16. Commercial sand and gravel extractions.\n 17. Mineral extractions.\n 18. Mineral extraction structures.\n 19. Watershed management and flood control projects.\n 20. Sewage treatment plants.\n 21. Waste disposal areas.\n 22. Junkyards.\n 23. Major public utility uses.\n 24. Industrial uses.\n g. Resource management areas. (1) Character description. Resource\nmanagement areas, delineated in green on the plan map, are those lands\nwhere the need to protect, manage and enhance forest, agricultural,\nrecreational and open space resources is of paramount importance because\nof overriding natural resource and public considerations. Open space\nuses, including forest management, agriculture and recreational\nactivities, are found throughout these areas.\n Many resource management areas are characterized by substantial\nacreages of one or more of the following: shallow soils, severe slopes,\nelevations of over twenty-five hundred feet, flood plains, proximity to\ndesignated or proposed wild or scenic rivers, wetlands, critical\nwildlife habitats or habitats of rare and endangered plant and animal\nspecies.\n Other resource management areas include extensive tracts under active\nforest management that are vital to the wood using industry and\nnecessary to insure its raw material needs.\n Important and viable agricultural areas are included in resource\nmanagement areas, with many farms exhibiting a high level of capital\ninvestment for agricultural buildings and equipment. These agricultural\nareas are of considerable economic importance to segments of the park\nand provide for a type of open space which is compatible with the park's\ncharacter.\n (2) Purposes, policies and objectives. The basic purposes and\nobjectives of resource management areas are to protect the delicate\nphysical and biological resources, encourage proper and economic\nmanagement of forest, agricultural and recreational resources and\npreserve the open spaces that are essential and basic to the unique\ncharacter of the park. Another objective of these areas is to prevent\nstrip development along major travel corridors in order to enhance the\naesthetic and economic benefits derived from a park atmosphere along\nthese corridors.\n Finally, resource management areas will allow for residential\ndevelopment on substantial acreages or in small clusters on carefully\nselected and well designed sites.\n (3) Guidelines for overall intensity of development. The overall\nintensity of development for land located in any resource management\narea should not exceed approximately fifteen principal buildings per\nsquare mile.\n (4) Classification of compatible uses.\n Primary uses in resource management areas:\n 1. Agricultural uses.\n 2. Agricultural use structures.\n 3. Open space recreation uses.\n 4. Forestry uses.\n 5. Forestry use structures.\n 6. Game preserves and private parks.\n 7. Private roads.\n 8. Private sand and gravel extractions.\n 9. Public utility uses.\n 10. Hunting and fishing cabins and hunting and fishing and other\nprivate club structures involving less than five hundred square feet of\nfloor space.\n 11. Accessory uses and structures to any use classified as a\ncompatible use.\n Secondary uses in resource management areas:\n 1. Single family dwellings.\n 2. Individual mobile homes.\n 3. Hunting and fishing cabins and hunting and fishing and other\nprivate club structures involving five hundred square feet or more of\nfloor space.\n 4. Campgrounds.\n 5. Group camps.\n 6. Ski centers and related tourist accommodations.\n 7. Agricultural service uses.\n 8. Sawmills, chipping mills, pallet mills and similar wood using\nfacilities.\n 9. Commercial sand and gravel extractions.\n 10. Mineral extractions.\n 11. Mineral extraction structures.\n 12. Watershed management and flood control projects.\n 13. Sewage treatment plants.\n 14. Major public utility uses.\n 15. Municipal roads.\n 16. Golf courses.\n h. Industrial use areas. (1) Character description. Industrial use\nareas, delineated in purple on the plan map, include those areas that\nare substantial in size and located outside of hamlet areas and are\nareas (1) where existing land uses are predominantly of an industrial or\nmineral extraction nature or (2) identified by local and state officials\nas having potential for new industrial development.\n (2) Purposes, policies and objectives. Industrial use areas will\nencourage the continued operation of major existing industrial and\nmineral extraction uses important to the economy of the Adirondack\nregion and will provide suitable locations for new industrial and\nmineral extraction activities that may contribute to the economic growth\nof the park without detracting from its character. Land uses that might\nconflict with existing or potential industrial or mineral extraction\nuses are discouraged in industrial use areas.\n (3) Classification of compatible uses.\n Primary uses in industrial use areas:\n 1. Industrial uses.\n 2. Mineral extractions.\n 3. Mineral extraction structures.\n 4. Private sand and gravel extractions.\n 5. Commercial sand and gravel extractions.\n 6. Sawmills, chipping mills, pallet mills and similar wood using\nfacilities.\n 7. Forestry uses.\n 8. Forestry use structures.\n 9. Agricultural uses.\n 10. Agricultural use structures.\n 11. Private roads.\n 12. Open space recreation uses.\n 13. Hunting and fishing cabins and hunting and fishing and other\nprivate club structures.\n 14. Public utility uses.\n 15. Major public utility uses.\n 16. Accessory uses and structures to any use classified as a\ncompatible use.\n Secondary uses in industrial use areas:\n 1. Commercial uses.\n 2. Agricultural service uses.\n 3. Public and semi-public buildings.\n 4. Municipal roads.\n 5. Sewage treatment plants.\n 6. Waste disposal areas.\n 7. Junkyards.\n (4) No overall intensity guideline is applicable to industrial use\nareas.\n 4. Development considerations. The following are those factors which\nrelate to potential for adverse impact upon the park's natural, scenic,\naesthetic, ecological, wildlife, historic, recreational or open space\nresources and which shall be considered, as provided in this article,\nbefore any significant new land use or development or subdivision of\nland is undertaken in the park. Any burden on the public in providing\nfacilities and services made necessary by such land use and development\nor subdivision of land shall also be taken into account, as well as any\ncommercial, industrial, residential, recreational or other benefits\nwhich might be derived therefrom:\n a. Natural resource considerations.\n (1) Water\n (a) Existing water quality.\n (b) Natural sedimentation of siltation.\n (c) Eutrophication.\n (d) Existing drainage and runoff patterns.\n (e) Existing flow characteristics.\n (f) Existing water table and rates of recharge.\n (2) Land\n (a) Existing topography.\n (b) Erosion and slippage.\n (c) Floodplain and flood hazard.\n (d) Mineral resources.\n (e) Viable agricultural soils.\n (f) Forest resources.\n (g) Open space resources.\n (h) Vegetative cover.\n (i) The quality and availability of land for outdoor recreational\npurposes.\n (3) Air\n (a) Air quality.\n (4) Noise\n (a) Noise levels.\n (5) Critical resource areas\n (a) Rivers and corridors of rivers designated to be studied as wild,\nscenic or recreational in accordance with the environmental conservation\nlaw.\n (b) Rare plant communities.\n (c) Habitats of rare and endangered species and key wildlife habitats.\n (d) Alpine and subalpine life zones.\n (e) Wetlands.\n (f) Elevations of twenty-five hundred feet or more.\n (g) Unique features, including gorges, waterfalls, and geologic\nformations.\n (6) Wildlife\n (a) Fish and wildlife.\n (7) Aesthetics\n (a) Scenic vistas.\n (b) Natural and man-made travel corridors.\n b. Historic site considerations.\n (1) Historic factors\n (a) Historic sites or structures.\n c. Site development considerations.\n (1) Natural site factors\n (a) Geology.\n (b) Slopes.\n (c) Soil characteristics.\n (d) Depth to ground water and other hydrological factors.\n (2) Other site factors\n (a) Adjoining and nearby land uses.\n (b) Adequacy of site facilities.\n d. Governmental considerations.\n (1) Governmental service and finance factors\n (a) Ability of government to provide facilities and services.\n (b) Municipal, school or special district taxes or special district\nuser charges.\n e. Governmental review considerations.\n (1) Governmental control factors\n (a) Conformance with other governmental controls.\n
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New York § 805, Counsel Stack Legal Research, https://law.counselstack.com/statute/ny/EXC/805.