§ 810 — Class A and class B regional projects

New York § 810

• Jurisdiction: New York
• Law EXC: Executive
• Art. 27: Adirondack Park Agency

Text

§ 810. Class A and class B regional projects. All references in this\narticle to class A regional projects or to class B regional projects\nshall mean, for the land use areas indicated, the following new land\nuses or development or subdivisions of land: 1. Class A regional\nprojects. a. Hamlet areas. (1) All land uses and development and all\nsubdivisions of land involving wetlands except for forestry uses (other\nthan timber harvesting that includes a proposed clearcutting of any\nsingle unit of land of more than twenty-five acres), agricultural uses,\npublic utility uses, and accessory uses or structures (other than signs)\nto any such use or to any pre-existing use.\n (2) Any class of land use or development or subdivision of land that\nby agreement between a local government and the agency, either prior to\nor at the time a local land use program is approved by the agency, is to\nbe reviewed by the agency; provided, however, that any class of projects\nso agreed upon must be designated by and its review authorized in a\nlocal ordinance or local law.\n (3) All land uses and development and all subdivisions of land\ninvolving one hundred or more residential lots, parcels or sites or\nresidential units, whether designed for permanent, seasonal or transient\nuse.\n (4) All structures in excess of forty feet in height, except\nagricultural use structures and residential radio and television\nantennas.\n (5) Commercial or private airports.\n (6) Watershed management and flood control projects.\n (7) Any material increase or expansion of an existing land use or\nstructure included on this list that is twenty-five percent or more of\nthe original size of such existing use or twenty-five percent or more of\nthe original square footage of such structure.\n b. Moderate intensity use areas. (1) All land uses and development and\nall subdivisions of land located in the following critical environmental\nareas: (a) within one-quarter mile of rivers navigable by boat\ndesignated to be studied as wild, scenic or recreational in accordance\nwith the environmental conservation law during the period of such\ndesignation; (b) involving wetlands; (c) at elevations of twenty-five\nhundred feet or more; (d) within one-eighth mile of tracks of forest\npreserve land or water now or hereafter classified as wilderness,\nprimitive or canoe in the master plan for management of state lands,\nexcept for an individual single family dwelling and accessory uses or\nstructures thereto. Provided, however, that the above shall not include\nforestry uses (other than clear-cutting as specified in number nine\nbelow), agricultural uses, open space recreation uses, public utility\nuses, and accessory uses or structures (other than signs) to any such\nuse or to any pre-existing use.\n (2) Any class of land use or development or subdivision of land that\nby agreement between a local government and the agency, either prior to\nor at the time a local land use program is approved by the agency, is to\nbe reviewed by the agency; provided, however, that any class of projects\nso agreed upon must be designated by and its review authorized in a\nlocal ordinance or local law.\n (3) All land uses and development and all subdivisions of land\ninvolving seventy-five or more residential lots, parcels or sites or\nresidential units, whether designed for permanent, seasonal or transient\nuse.\n (4) Commercial or agricultural service uses involving ten thousand or\nmore square feet of floor space.\n (5) All structures in excess of forty feet in height, except\nagricultural use structures and residential radio and television\nantennas.\n (6) Tourist attractions.\n (7) Ski centers.\n (8) Commercial or private airports.\n (9) Timber harvesting that includes a proposed clearcutting of any\nsingle unit of land of more than twenty-five acres.\n (10) Sawmills, chipping mills, pallet mills and similar wood using\nfacilities.\n (11) Mineral extractions.\n (12) Mineral extraction structures.\n (13) Watershed management and flood control projects.\n (14) Sewage treatment plants.\n (15) Major public utility uses.\n (16) Industrial uses.\n (17) Community housing as defined in subdivision seventeen-a of\nsection eight hundred two of this article.\n (18) Any material increase or expansion of an existing land use or\nstructure included on this list that is twenty-five percent or more of\nthe original size of such existing use or twenty-five percent or more of\nthe original square footage of such structure.\n c. Low intensity use areas. (1) All land uses and development and all\nsubdivisions of land located in the following critical environmental\nareas: (a) within one-quarter mile of rivers navigable by boat\ndesignated to be studied as wild, scenic or recreational in accordance\nwith the environmental conservation law during the period of such\ndesignation; (b) involving wetlands; (c) at elevations of twenty-five\nhundred feet or more; (d) within one-eighth mile of tracts of forest\npreserve land now or hereafter classified as wilderness, primitive or\ncanoe in the master plan for management of state lands, except for an\nindividual single family dwelling and accessory uses or structures\nthereto. Provided, however, that the above shall not include forestry\nuses (other than clear-cutting as specified in number nine below),\nagricultural uses, open space recreation uses, public utility uses, and\naccessory uses or structures (other than signs) to any such use or to\nany pre-existing use.\n (2) Any class of land use or development or subdivision of land that\nby agreement between a local government and the agency, either prior to\nor at the time a local land use program is approved by the agency, is to\nbe reviewed by the agency; provided, however, that any class of projects\nso agreed upon must be designated by and its review authorized in a\nlocal ordinance or local law.\n (3) All land uses and development and all subdivisions of land\ninvolving thirty-five or more residential lots, parcels or sites or\nresidential units, whether designed for permanent, seasonal or transient\nuse.\n (4) Commercial or agricultural service uses involving five thousand or\nmore square feet of floor space.\n (5) All structures in excess of forty feet in height, except\nagricultural use structures and residential radio and television\nantennas.\n (6) Tourist attractions.\n (7) Ski centers.\n (8) Commercial or private airports.\n (9) Timber harvesting that includes a proposed clearcutting of any\nsingle unit of land of more than twenty-five acres.\n (10) Sawmills, chipping mills, pallet mills and similar wood using\nfacilities.\n (11) Mineral extractions.\n (12) Mineral extraction structures.\n (13) Watershed management and flood control projects.\n (14) Sewage treatment plants.\n (15) Waste disposal areas.\n (16) Junkyards.\n (17) Major public utility uses.\n (18) Industrial uses.\n (19) Community housing as defined in subdivision seventeen-a of\nsection eight hundred two of this article.\n (20) Any material increase or expansion of an existing land use or\nstructure included on this list that is twenty-five percent or more of\nthe original size of such existing use or twenty-five percent or more of\nthe original square footage of such structure.\n d. Rural use areas. (1) All land uses and development and all\nsubdivisions of land located in the following critical environmental\nareas: (a) within one-quarter mile of rivers navigable by boat\ndesignated to be studied as wild, scenic or recreational in accordance\nwith the environmental conservation law during the period of such\ndesignation; (b) involving wetlands; (c) at elevations of twenty-five\nhundred feet or more; (d) within one-eighth mile of tracts of forest\npreserve land or water now or hereafter classified as wilderness,\nprimitive or canoe in the master plan for management of state lands,\nexcept for an individual single family dwelling and accessory uses or\nstructures thereto; (e) within one hundred fifty feet of the edge of the\nright of way of federal or state highways, except for an individual\nsingle family dwelling and accessory uses or structures thereto; (f)\nwithin one hundred fifty feet of the edge of the right of way of county\nhighways designated by rule or regulation of the agency adopted pursuant\nto subdivision fourteen of section eight hundred nine or in an approved\nlocal land use program, as major travel corridors by the agency or local\ngovernment, except for an individual single family dwelling and\naccessory uses or structures thereto. Provided, however, that the above\nshall not include forestry uses (other than clear-cutting as specified\nin number ten below and sand and gravel pits associated with such uses\nlocated within one hundred fifty feet of the edge of the right of way of\nthe above described travel corridors), agricultural uses (other than\nsand and gravel pits associated with such uses located within one\nhundred fifty feet of the edge of the right of way of the above\ndescribed travel corridors), open space recreation uses, public utility\nuses, and accessory uses or structures (other than signs) to any such\nuses or to any pre-existing use.\n (2) Any class of land use or development or subdivision of land that\nby agreement between a local government and the agency, either prior to\nor at the time a local land use program is approved by the agency, is to\nbe reviewed by the agency; provided, however, that any class of projects\nso agreed upon must be designated by and its review authorized in a\nlocal ordinance or local law.\n (3) All land uses and development and all subdivisions of land\ninvolving twenty or more residential lots, parcels or sites or\nresidential units, whether designed for permanent, seasonal or transient\nuse.\n (4) Commercial and agricultural service uses involving twenty-five\nhundred or more square feet of floor space.\n (5) All structures in excess of forty feet in height, except\nagricultural use structures and residential radio and television\nantennas.\n (6) Tourist accommodations.\n (7) Ski centers.\n (8) Commercial seaplane bases.\n (9) Commercial or private airports.\n (10) Timber harvesting that includes a proposed clearcutting of any\nsingle unit of land of more than twenty-five acres.\n (11) Sawmills, chipping mills, pallet mills and similar wood using\nfacilities.\n (12) Mineral extractions.\n (13) Mineral extraction structures.\n (14) Watershed management and flood control projects.\n (15) Sewage treatment plants.\n (16) Waste disposal areas.\n (17) Junkyards.\n (18) Major public utility uses.\n (19) Industrial use.\n (20) Any material increase or expansion of an existing land use or\nstructure included on this list that is twenty-five percent or more of\nthe original size of such existing use or twenty-five percent or more of\nthe original square footage of such structure.\n e. Resource management areas. (1) All land uses and development and\nall subdivisions of land located in the following critical environmental\nareas: (a) within one-quarter mile of rivers navigable by boat\ndesignated to be studied as wild, scenic or recreational in accordance\nwith the environmental conservation law during the period of such\ndesignation; (b) involving wetlands; (c) at elevations of twenty-five\nhundred feet or more; (d) within one-eighth mile of tracts of forest\npreserve land or water now or hereafter classified as wilderness,\nprimitive or canoe in the master plan for management of state lands,\nexcept for an individual single family dwelling and accessory uses or\nstructures thereto; (e) within three hundred feet of the edge of the\nright of way of federal or state highways, except for an individual\nsingle family dwelling and accessory uses or structures thereto; (f)\nwithin three hundred feet of the edge of the right of way of county\nhighways designated as major travel corridors by rule or regulation of\nthe agency adopted pursuant to subdivision fourteen of section eight\nhundred nine or in an approved local land use program, except for an\nindividual single family dwelling and accessory uses or structures\nthereto. Provided, however, that the above shall not include forestry\nuses (other than clearcutting as specified in number eleven below and\nsand and gravel pits associated with such uses located within three\nhundred feet of the edge of the right of way of the above described\ntravel corridors), agricultural uses (other than sand and gravel pits\nassociated with such uses located within three hundred feet of the edge\nof the right of way of the above described travel corridors), open space\nrecreation uses, public utility uses, and accessory uses or structures\n(other than signs) to any such uses or to any pre-existing use.\n (2) Any class of land use or development or subdivision of land that\nby agreement between a local government and the agency, either prior to\nor at the time a local land use program is approved by the agency, is to\nbe reviewed by the agency; provided, however, that any class of projects\nso agreed upon must be designated by and its review authorized in a\nlocal ordinance or local law.\n (3) All subdivisions of land (and all land uses and development\nrelated thereto) involving two or more lots, parcels or sites.\n (4) Campgrounds involving fifty or more sites.\n (5) Group camps.\n (6) Ski centers and related tourist accommodations.\n (7) Agricultural service uses.\n (8) All structures in excess of forty feet in height, except\nagricultural use structures and residential radio and television\nantennas.\n (9) Sawmills, chipping mills and pallet mills and similar wood using\nfacilities.\n (10) Commercial sand and gravel extractions.\n (11) Timber harvesting that includes a proposed clearcutting of any\nsingle unit of land of more than twenty-five acres.\n (12) Mineral extractions.\n (13) Mineral extraction structures.\n (14) Watershed management and flood control projects.\n (15) Sewage treatment plants.\n (16) Major public utility uses.\n (17) Any material increase or expansion of an existing land use or\nstructure included on this list that is twenty-five percent or more of\nthe original size of such existing use or twenty-five percent or more of\nthe original square footage of such structure.\n f. Industrial use areas.\n (1) Mineral extractions.\n (2) Mineral extraction structures.\n (3) Commercial sand and gravel extractions.\n (4) Major public utility uses.\n (5) Sewage treatment plants.\n (6) Waste disposal areas.\n (7) Junkyards.\n (8) Any material increase or expansion of an existing land use or\nstructure included on this list that is twenty-five percent or more of\nthe original size of such existing use or twenty-five percent or more of\nthe original square footage of such structure.\n 2. Class B regional projects. a. Moderate intensity use areas. (1)\nSubdivisions of land (and all land uses and development related thereto)\ninvolving fifteen or more but less than seventy-five lots, parcels or\nsites, other than subdivisions of land involving mobile homes.\n (2) Subdivisions of land (and all land uses and development related\nthereto) involving less than fifteen lots, parcels or sites, other than\nsubdivisions of land involving mobile homes, which do not meet the\nfollowing criteria: (a) In the case of such subdivisions involving land\nhaving shoreline, each lot, parcel or site is at least twenty-five\nthousand square feet in size and complies with all of the provisions of\nthe shoreline restrictions.\n (b) In the case of such subdivisions not involving land having\nshoreline, each lot, parcel or site is at least forty thousand square\nfeet in size.\n Any subdivision or subsequent subdivision of such land, either by the\noriginal owner or subsequent owners, shall be subject to review as a\nclass B regional project where the total number of lots, parcels or\nsites resulting from such subdivision and any prior subdivision or\nsubdivisions exceeds fourteen.\n (3) Multiple family dwellings.\n (4) Mobile home courts.\n (5) Subdivisions of land involving mobile homes (and all land uses and\ndevelopment related thereto) and involving two or more lots, parcels or\nsites.\n (6) Public and semi-public buildings.\n (7) Municipal roads.\n (8) Commercial or agricultural service uses involving less than ten\nthousand square feet of floor space.\n (9) Tourist accommodations.\n (10) Marinas, boatyards and boat launching sites.\n (11) Golf courses.\n (12) Campgrounds.\n (13) Group camps.\n (14) Commercial seaplane bases.\n (15) Commercial sand and gravel extractions.\n (16) Land use or development or subdivisions of land involving the\nclustering of buildings on land having shoreline on the basis of a\nspecified number of principal buildings per linear mile or proportionate\nfraction thereof, as provided for in the shoreline restrictions.\n (17) Any land use or development not now or hereafter included on\neither the list of primary uses or the list of secondary uses for\nmoderate intensity use areas.\n (18) An individual single family dwelling within one-eighth mile of\ntracts of forest preserve land or water now or hereafter classified as\nwilderness primitive or canoe in the master plan for management of state\nlands.\n (19) All land uses and development and all subdivisions of land within\none-quarter mile of rivers designated to be studied as wild, scenic or\nrecreational in accordance with the environmental conservation law,\nother than those navigable by boat, during the period of such\ndesignation.\n (20) Any material increase or expansion of an existing land use or\nstructure included on this list that is twenty-five percent or more of\nthe original size of such existing use or twenty-five percent or more of\nthe original square footage of such structure.\n b. Low intensity use areas. (1) Subdivisions of land (and all land\nuses and development related thereto) involving ten or more but less\nthan thirty-five lots, parcels or sites, other than subdivisions of land\ninvolving mobile homes.\n (2) Subdivisions of land (and all land uses and development related\nthereto) involving less than ten lots, parcels or sites which do not\nmeet the following criteria: (a) In the case of such subdivisions\ninvolving land having shoreline, each lot, parcel or site is at least\nfifty thousand square feet in size and complies with all of the\nprovisions of the shoreline restrictions.\n (b) In the case of such subdivisions not involving land having\nshoreline, each lot, parcel or site is at least one hundred twenty\nthousand square feet in size.\n Any subdivision or subsequent subdivision of such land, either by the\noriginal owner or subsequent owners, shall be subject to review as a\nclass B regional project where the total number of lots, parcels or\nsites resulting from such subdivision and any prior subdivision or\nsubdivisions exceeds nine.\n (3) Multiple family dwellings.\n (4) Mobile home courts.\n (5) Mobile home subdivisions (and all land uses and development\nrelated thereto) involving two or more lots, parcels or sites.\n (6) Public and semi-public buildings.\n (7) Municipal roads.\n (8) Commercial or agricultural service uses involving less than five\nthousand square feet of floor space.\n (9) Tourist accommodations.\n (10) Marinas, boatyards and boat launching sites.\n (11) Golf courses.\n (12) Campgrounds.\n (13) Group camps.\n (14) Commercial seaplane bases.\n (15) Commercial sand and gravel extractions.\n (16) Land use or development or subdivision of land involving the\nclustering of buildings on land having shoreline on the basis of a\nspecified number of principal buildings per linear mile or proportionate\nfraction thereof, as provided for in the shoreline restrictions.\n (17) Any land use or development not now or hereafter included on\neither the list of primary uses or the list of secondary uses for low\nintensity use areas.\n (18) An individual single family dwelling within one-eighth mile of\ntracts of forest preserve land or water now or hereafter classified as\nwilderness, primitive or canoe in the master plan for management of\nstate lands.\n (19) All land uses and development and all subdivisions of land within\none-quarter mile of rivers designated to be studied as wild, scenic or\nrecreational in accordance with the environmental conservation law,\nother than those navigable by boat, during the period of such\ndesignation.\n (20) Any material increase or expansion of an existing land use or\nstructure included on this list that is twenty-five percent or more of\nthe original size of such existing use or twenty-five percent or more of\nthe original square footage of such structure.\n c. Rural use areas. (1) Subdivisions of land (and all land uses and\ndevelopment related thereto) involving five or more but less than twenty\nlots, parcels or sites, other than subdivisions of land involving mobile\nhomes.\n (2) Subdivisions of land (and all land uses and development related\nthereto) involving less than five lots, parcels or sites which do not\nmeet the following criteria: (a) In the case of such subdivisions\ninvolving land having shoreline, each lot, parcel or site is at least\neighty thousand square feet in size and complies with all of the\nprovisions of the shoreline restrictions of the plan.\n (b) In the case of such subdivisions not involving land having\nshoreline, each lot, parcel or site is at least three hundred twenty\nthousand square feet in size.\n Any subdivision or subsequent subdivision of such land, either by the\noriginal owner or subsequent owners, shall be subject to review as a\nclass B regional project where the total number of lots, parcels or\nsites resulting from such subdivision and any prior subdivision or\nsubdivisions exceeds four.\n (3) Multiple family dwellings.\n (4) Mobile home courts.\n (5) Mobile home subdivisions (and all land uses and development\nrelated thereto) involving two or more lots, parcels or sites.\n (6) Public and semi-public buildings.\n (7) Municipal roads.\n (8) Marinas, boatyards and boat launching sites.\n (9) Golf courses.\n (10) Campgrounds.\n (11) Group camps.\n (12) Commercial sand and gravel extractions.\n (13) Land use or development or subdivision of land involving the\nclustering of buildings on land having shoreline on the basis of a\nspecified number of principal buildings per linear mile or proportionate\nfraction thereof, as provided for in the shoreline restrictions.\n (14) All land uses and development and all subdivisions of land within\none quarter mile of rivers designated to be studied as wild, scenic or\nrecreational in accordance with the environmental conservation law,\nother than those navigable by boat, during the period of such\ndesignation.\n (15) Any land use or development not now or hereafter included on\neither the list of primary uses or the list of secondary uses for rural\nuse areas.\n (16) Commercial and agricultural service uses involving less than\ntwenty-five hundred square feet.\n (17) An individual single family dwelling within one-eighth mile of\ntracts of forest preserve land or water described in item (d) of clause\n(1) of paragraph d of subdivision one or within one hundred fifty feet\nof a travel corridor described in such paragraph.\n (18) Any material increase or expansion of an existing land use or\nstructure included on this list that is twenty-five percent or more of\nthe original size of such existing use or twenty-five percent or more of\nthe original square footage of such structure.\n d. Resource management areas. (1) Single family dwellings.\n (2) Individual mobile homes.\n (3) Forestry use structures.\n (4) Hunting and fishing cabins and hunting and fishing and other\nprivate club structures involving five hundred or more square feet of\nfloor space.\n (5) Land use or development or subdivision of land involving the\nclustering of buildings on land having shoreline on the basis of a\nspecified number of principal buildings per linear mile or proportionate\nfraction thereof, as provided in the shoreline restrictions.\n (6) Any land use or development not now or hereafter included on\neither the list of primary uses or the list of secondary uses for\nresource management areas.\n (7) Municipal roads.\n (8) Golf courses.\n (9) An individual single family dwelling within one-eighth mile of\ntracts of forest preserve land or waters described in item (d) of clause\n(1) of paragraph d of subdivision one or within three hundred feet of a\ntravel corridor described in such paragraph.\n (10) Campgrounds involving fewer than fifty sites.\n (11) All land uses and development and all subdivisions of land within\none-quarter mile of rivers designated to be studied as wild, scenic and\nrecreational in accordance with the environmental conservation law,\nother than those navigable by boat, during the period of such\ndesignation.\n (12) Any material increase or expansion of an existing land use or\nstructure included on this list that is twenty-five percent or more of\nthe original size of such existing use or twenty-five percent or more of\nthe original square footage of such structure.\n e. Industrial use areas. (1) Sawmills, chipping mills, pallet mills\nand similar wood using facilities.\n (2) Industrial uses.\n (3) Commercial uses.\n (4) Agricultural service uses.\n (5) Public and semi-public buildings.\n (6) Municipal roads.\n (7) Any land use or development not now or hereafter included on\neither the list of primary uses or the list of secondary uses for\nindustrial use areas.\n (8) Any material increase or expansion of an existing land use or\nstructure included on this list that is twenty-five percent or more of\nthe original size of such existing use or twenty-five percent or more of\nthe original square footage of such structure.\n