§ 806 — Shoreline restrictions

§ 806. Shoreline restrictions. 1. In order to provide adequate\nprotection of the quality of the lakes, ponds, rivers and streams of the\npark and the qualities of their shorelines, no person shall undertake\nany new land use or development or subdivision of land that involves any\nshoreline within the park, except in compliance, at a minimum, with the\nfollowing restrictions. In addition, compliance with these restrictions\nshall be required by the agency in its review of any project under\nsection eight hundred nine and, at a minimum, by any local government in\nthe adoption and enforcement of a local land use program. All distances\ncontained in these restrictions shall be measured horizontally. For the\npurpose of this section, any lot, parcel or site that adjoins a\nshoreline, includes a shoreline or, in whole or in part, is located at\nor within the minimum set back requirement as provided in subparagraph\ntwo of paragraph a of this subdivision, and any land use or development\non such a lot, parcel or site, shall be deemed to involve that\nshoreline.\n a. In the case of the shorelines of all lakes and ponds and the\nshorelines of any river designated to be studied as a wild, scenic or\nrecreational river in accordance with the environmental conservation law\nor any river or stream navigable by boat, including canoe, the following\nrestrictions shall apply:\n (1) The minimum lot width measured along the shoreline for each one\nfamily residential structure shall be fifty feet in hamlet areas, one\nhundred feet in moderate intensity use areas, one hundred twenty-five\nfeet in low intensity use areas, one hundred fifty feet in rural use\nareas, and two hundred feet in resource management areas; provided that\nthe minimum lot width for a lot not adjoining or including shoreline\nwhich is deemed to involve shoreline for the purposes of this section\nmay be measured lateral to the shoreline at any point on the lot.\nNothing herein shall be deemed to preclude the application of\nappropriate shoreline restrictions to new uses other than one family\nresidential structures subject to project review by the agency or to an\napproved local land use program.\n (2) The minimum setback of all principal buildings and accessory\nstructures in excess of one hundred square feet, other than docks or\nboathouses, from the mean high-water mark shall be fifty feet in hamlet\nareas and moderate intensity use areas, seventy-five feet in low\nintensity and rural use areas, and one hundred feet in resource\nmanagement areas.\n (3) The removal of vegetation, including trees, shall be permitted on\nshorefront lots provided the following standards are met:\n (a) Within thirty-five feet of the mean high-water mark not more than\nthirty percent of the trees in excess of six inches diameter at breast\nheight existing at any time may be cut over any ten-year period.\n (b) Within six feet of the mean high-water mark no vegetation may be\nremoved, except that up to a maximum of thirty percent of the shorefront\nmay be cleared of vegetation on any individual lot. This provision shall\nbe adhered to in addition to (a) above.\n (c) The above cutting standards shall not be deemed to prevent the\nremoval of diseased vegetation or of rotten or damaged trees or of other\nvegetation that present safety or health hazards.\n (4) The following minimum shoreline frontages shall be required in all\nland use areas for deeded or contractual access to all such lakes,\nponds, rivers or streams for five or more lots, parcels or sites or\nmultiple family dwelling units not having separate and distinct\nownership of shore frontage:\n (a) Where five to twenty lots or multiple family dwelling units are\ninvolved, a total of not less than one hundred feet.\n (b) Where more than twenty and not more than one hundred lots or\nmultiple dwelling units are involved, a minimum of three feet for each\nadditional lot or multiple dwelling unit in excess of twenty.\n (c) Where more than one hundred and not more than one hundred fifty\nlots or multiple dwelling units are involved, a minimum of two feet for\neach additional lot or multiple dwelling unit in excess of one hundred.\n (d) Where more than one hundred fifty lots or multiple dwelling units\nare involved, a minimum of one foot for each additional lot or multiple\ndwelling unit in excess of one hundred fifty.\n b. In the case of all lakes, ponds, rivers and streams, the minimum\nsetback of any on-site sewage drainage field or seepage pit shall be one\nhundred feet from the mean high-water mark in all land use areas.\n 2. In all of the above restrictions, the term "mean high-water mark"\nshall mean the spillway elevation contour, which is at seven hundred\nseventy-one feet elevation above mean sea level, whenever the Great\nSacandaga Lake is involved.\n 3. a. Any person seeking a variance from the strict letter of the\nshoreline restrictions in connection with any new land use or\ndevelopment or subdivision of land proposed to be located in a land use\narea governed by an approved local land use program shall make\napplication therefor to the local government as provided in such\napproved local land use program. If a person is seeking such a variance\nin a land use area not governed by an approved local land use program,\nhe shall make application therefor to the agency whether or not the\nagency has project review jurisdiction over the new land use or\ndevelopment or subdivision of land involved. Upon such application, and\nafter public hearing thereon, the local government or the agency shall,\nwhere there are practical difficulties or unnecessary hardships in the\nway of carrying out the strict letter of the restrictions, have\nauthority to vary or modify the application of such restrictions\nrelating to the use, construction or alteration of buildings or\nstructures, or the use of land, so that the spirit of such restrictions\nshall be observed, public safety and welfare secured and substantial\njustice done.\n b. The local government shall act upon any application to it within\nthe time provided for in its local land use program. The agency shall\nact upon any application to it which is associated with a project\nsubject to its review jurisdiction within the period provided in section\neight hundred nine. In the case of any other application, the agency\nshall schedule a public hearing within fifteen days of receipt of an\napplication in such form and manner as it shall prescribe. The public\nhearing shall be commenced within thirty days of the date it is\nscheduled. The agency shall act upon a variance application within\nforty-five days of the receipt by the agency of a complete record, as\nthat term is defined in paragraphs (a) through (e) of subdivision one of\nsection three hundred two of the state administrative procedure act.\n 4. The shoreline restrictions shall not apply to any emergency land\nuse or development which is immediately necessary for the protection of\nlife or property as defined by the agency in its rules and regulations\ngoverning its procedures to review projects as authorized in section\neight hundred nine.\n 5. In order to encourage clustering of buildings and the maintenance\nof undeveloped shorelines, as an alternative to minimum lot widths of\nthe shoreline restriction, shoreline development may take place in the\nfollowing land use areas upon the following approximate overall\nintensities of principal buildings (other than boathouses) per linear\nmile of shoreline or proportionate fraction thereof:\n Principal Buildings\n Land Use Areas Per Linear Mile\n Hamlet ............................................... 106\n Moderate Intensity .................................... 53\n Low Intensity ......................................... 42\n Rural Use ............................................. 36\n Resource Management ................................... 26\n This alternative method of cluster shoreline development shall only be\nemployed where a single ownership or a group of two or more owners\nacting in concert is involved. In addition, approval of this method of\ndevelopment must carry with it provisions, whether by deed restriction,\nrestrictive covenant or other similar appropriate means, to insure the\nretention in open space of the undeveloped portions of shoreline\ndeveloped on a cluster basis. The agency, within its project review\njurisdiction, or a local government under an approved local land use\nprogram, may apply these optional shoreline clustering provisions. Any\nperson proposing to undertake new land use or development or subdivision\nof land in a land use area not governed by an approved local land use\nprogram and that is not subject to the agency's project review\njurisdiction, may apply to the agency for a permit to employ such\nalternative method and the agency shall have authority to grant such a\npermit if the above required terms and conditions are met. The agency\nshall act upon such application within thirty days after receipt\nthereof.\n