Article 6 -
Class A and Class B  REGIONAL PROJECT REVIEW

 

Section 6.01  Purpose and Intent of this Section

 

6.01-1      Purpose

The purpose of this Section is to further the general purposes, policies and objectives of this Local Law and the Adirondack Park Agency Act by setting forth the criteria for review of project applications by the Planning Board and the Adirondack Park Agency for Class A and Class B Regional Projects (See Appendix A).  This section establishes requirements and administrative procedures for the review of Class A and Class B Regional Projects by the Planning Board or the Adirondack Park Agency, and sets forth the Town's role when Class A or Class B Regional Projects are reviewed by the Adirondack Park Agency.

 

6.01-2  Site Plan Review Uses

It is the intention of the Town to avoid duplication of review processes for Site Plan Review uses.  Therefore, if the Adirondack Park Agency reviews any Site Plan Review use as a Class A Regional Project, the Town Planning Board's role shall be limited to that set forth in Sections 6.06 and 6.07 below.

 

6.01-3  Use Variances

If the Class A Regional Project permit involves a use variance, the applicant must apply to the Zoning Board of Appeals and be granted a variance in order to institute the use, regardless of whether this local law has been approved by the Adirondack Park Agency.

 

Section 6.02   Applicability of this Section

 

6.02-1  At such time as the Adirondack Park Agency has accepted this local law as a component of an "approved local land use program" pursuant to Section 807 of the Adirondack Park Agency Act, no person shall undertake a permitted use, Site Plan Review use, or prohibited use for which a variance has been granted pur­suant to Article 10 of this local law, which use is also a Class B Regional Project, unless and until the Planning Board has reviewed and approved, or approved subject to condi­tions, such project, and the Zoning Administrator has issued a project per­mit with respect thereto.  Sections 6.03 through 6.05 shall apply to all such Class B Regional Projects.

 

6.02-2  Class A Regional Projects (and/or Class A Regional Subdivisions) shall be subject to the review authority of the Adirondack Park Agency.  No person shall undertake a Class A Regional Project unless and until the Adirondack Park Agency has reviewed and ap­proved, or approved subject to conditions, such project, and has issued an Agency permit with respect thereto pursuant to the terms of the Adirondack Park Agency Act and the pertinent Agency rules and regulations.

Section 6.03   Authorization to Approve and Disapprove Class B Regional Projects

 

6.03-1  The Planning Board is hereby authorized to approve, approve subject to conditions, or disapprove all Class B Regional Pro­jects proposed to be located within the territory of the town pursuant to and in accordance with the requirements and proce­dures set forth in this Section.  This authority shall become effective upon approval of this local law as a component of an "approved local land use program" by the Adirondack Park Agency.

 

6.03-2  If a Class B Regional Project is also a Class A Regional Pro­ject or Class A subdivision, the project will be deemed to be a Class A Regional Project or Class A subdivision in its en­tirety, and subject to the review authority of the Adirondack Park Agency.

 

Section 6.04       Requirements for Class B Regional Project Approval

 

The Planning Board shall not approve any Class B Regional Project unless it first determines that such project meets the following criteria:

 

6.04-1  The project will comply with all applicable provisions of this Local Law and meets the project review standards and requirements of Section 4.03 herein and that such use meets any additional standards and requirements of Article 4 and 7 applicable to that use and Appendices C and D as they may apply.

 

6.04-2   The use complies with all requirements of this Local Law, including the dimensional regulations of the zoning district in which it is proposed to be located.

 

6.04-3     The use would be in harmony with the general purpose and intent of this Local Law, specifically taking into account the location, character, and size of the proposed use and the description and purpose of the district in which such use is proposed, the nature and intensity of the activities to be involved in or conducted in connection with the proposed use, and the nature and rate of any increase on the burden of supporting public services and facilities which will follow the approval of the proposed use.

 

6.04-4     The establishment, maintenance or operation of the proposed use would not create public hazards from traffic, traffic congestion, or parking of automobiles or be otherwise detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to the property and improvements in the neighborhood or the general welfare of the Town.

 

6.04-5  The project will not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recre­ational, or open space resources of the Adirondack Park or upon the ability of the public to provide supporting facilities and services made necessary by the project, taking into account the commercial, industrial, residential, recreational or other benefits that might be derived from the project.  In making this determination, the Planning Board shall consider those factors pertinent to the pro­ject contained in the development considerations set forth herein and in Section 805(4) of the Adirondack Park Agency Act, and, in so doing, the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in Appendix C and D.

 

Section 6.05   Application for Class B Regional Project Approval

 

6.05-1      Applica­tion for project approval shall be made following the procedures established in Article 5 of this Local Law.  Class B Regional Projects are deemed to be Site Plan Review uses subject to review as provided in that Article.

 

6.05-2  In addition to the procedural requirements of Article 5, the following shall also apply to all Class B Regional Projects:

 

A.  Not later than 10 days following receipt of a complete application for a Class B Regional Project, the Zoning Administrator shall notify the Adirondack Park Agency of such receipt, shall furnish the Agency with a copy of the project application and such further pertinent information as the Agency may deem necessary, and shall afford the Agency the opportunity to comment thereupon.

 

B.  The Planning Board shall mail a copy of the public notice of the hearing to the Adirondack Park Agency at least 14 days prior to such hearing.  The Adirondack Park Agency shall be a full party in interest with standing to participate in any and all proceed­ings conducted pursuant to this Article.

 

C.  Every Class B Regional Project decision rendered by the Plan­ning Board shall be in writing, and shall contain such findings of fact as are required by Section 5.06(I) hereof.  The Planning Board in conjunction with its approval of any Class B Regional Project, may impose such requirements and conditions as are al­lowable within the proper exercise of the police power, includ­ing the restriction of land against further development of principal buildings, whether by deed restriction, restrictive covenant or other similar appropriate means, to insure that guidelines as to intensity of development as provided in this local law shall be respected, and the imposition of reasonable conditions to insure that the project will be adequately sup­ported by services and improvements made necessary by the pro­ject and to insure that the project will be completed in accor­dance with the terms of the application and any permit, and in­cluding, without limitation, the requirements and conditions au­thorized under Section 5.06 of this Local Law.  In addition, the Planning Board may require that the Zoning Administrator incor­porate any such requirements and conditions in any permit is­sued with regard to such Class B Regional Project.

 

Section 6.06 Limitation on Adirondack Park Agency Authority to Approve Class A  Regional Projects

 

The Adirondack Park Agency shall not approve a Class A Regional Project unless it first determines, after consultation with the Planning Board and receipt of advisory recommendations relative to the project, that the project would comply with all provisions of this Local Law, including those contained in Articles 4, 5 and 7 hereof, and with other ordinances and regulations that are components of the Town land use program.  In making the determination required by Section 809(9) of the Adirondack Park Agency Act as to the impact of a proposed Class A Regional Project upon the resources of the Adirondack Park, including the ability of all levels of government to provide support facilities and services made necessary by the project, the Agency shall consider those factors pertinent to the project contained in the development considerations set forth in Appendix C hereof and in so doing shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in Appendix D of this Local Law.

 

Section 6.07   Planning Board Authority Regarding Class A and Class B Regional Projects 

 

6.07-1  The Adirondack Park Agency shall have jurisdiction to review and approve, approve subject to conditions, or disapprove all Class A Regional Projects proposed to be located within the Town, pursuant to and accordance with Section 809(9) of the Adirondack Park Agency Act and applicable Agency Rules and Regulations.  All Class A plans, uses or projects shall be referred to the Adirondack Park Agency for Class A Regional Project review.  The Planning Board is hereby designated and appointed as the appropriate town body to consult with the Adirondack Park Agency with regard to Agency review of Class A Regional Pro­jects.  Upon receipt of a complete application for a Class A Regional Project, the Adirondack Park Agency shall refer the application to the Town Planning Board for its advisory recommendation.

 

6.07-2  Copies of all initial applications for Class A Regional Projects shall be submitted to the Planning Board.  As soon as reasonably practicable following receipt by the Planning Board from the Adirondack Park Agency of notice of ap­plication completion with regard to a Class A Regional Project, the Planning Board or one or more designees thereof shall con­sult with the Agency for the purpose of analyzing the project application and formulating advisory recommendations as to whether the project meets all of the pertinent requirements and conditions of the town land use program.

 

6.07-3  Not later than 30 days  following receipt by the Planning Board from the Agency of notice of application comple­tion with regard to a Class A Regional Project, the Planning Board shall, by certified mail, provide to the Agency its advi­sory recommendations as to whether the project meets all of the pertinent requirements and conditions of the town land use pro­gram. 

 

6.07-4  The provisions of this Section 6.07 shall also apply to Class B Regional Projects until such time as the Adirondack Park Agency approves this local law as a component of an "approved local land use program" pursuant to Section 807 of the Adirondack Park Agency Act.