N.Y. Comp. Codes R. & Regs. Tit. 9 § 574.5 - Further definitions of the development considerations
Those development considerations of section 805(4) of the Adirondack Park Agency Act which are pertinent will be considered by the agency in its review of projects. A list of the development considerations, containing certain further definitions, is set forth below:
(a) Natural resource considerations.
(1) Water.
(i) Existing water quality.
(ii) Natural sedimentation or
siltation.
(iii) Eutrophication, as
considered by the agency in its review of projects, means accelerated increases
in the content of plant nutrients in a water body, caused by excess phosphorus
and nitrogen, which typically result in murky water and nuisance algae blooms.
If unchecked, this cultural enrichment will severely limit usage of surface
waters for drinking, swimming and fishing, and will lead to the decline or
disappearance of aquatic organisms and ultimately the death of the water
body.
(iv) Existing drainage and
runoff patterns.
(v) Existing flow
characteristics.
(vi) Existing
water table and rates of recharge means the seasonal high groundwater table and
the aquifer recharge rate.
(a) The seasonal
high groundwater table is the highest surface of a zone of saturated soil which
is at least six inches thick and which persists during the average year for
more than a week when the ground is free of frost.
(b) An aquifer is a permeable geologic
formation which will yield significant quantities of potable water for supply
by such means as drilled or artesian wells, springs and stream
recharge.
(c) An aquifer recharge
area is a region of land surface supplying water to an aquifer, and is
characterized by gently sloping (less than 8%) soils with a rapid permeability
rate (generally greater than 6.3 inches per minute) or with moderate to highly
fractured bedrock at or near the surface.
(2) Land.
(i) Existing topography.
(ii) Erosion and slippage.
(iii) Floodplain and flood hazard includes
floodplains, floodways and floodway fringes as determined by the highest level
of flood that, on the average, is likely to be equalled or exceeded once every
100 years.
(a) A floodplain is a normally dry
land area, adjoining rivers, streams, ponds, lakes or wetlands, which is
susceptible to partial or complete inundation due to:
(1) overflow of inland waters;
(2) unusual or rapid accumulation or runoff
of surface waters from any source, including spring snowmelt, severe rainfall,
and/or oversaturation of the soil; or
(3) mudslides or mudflows proximately caused
or precipitated by accumulations of water on or under the ground.
(b) Floodways are the part of the
floodplain that must remain unrestricted in order to discharge the 100-year
flood without cumulatively increasing the water surface elevation more than one
foot at any point. They comprise the stream channel and immediately adjacent
lands which are frequently flooded and which help carry the major portion of
floodwaters during extreme floods.
(c) Floodway fringes are the parts of the
floodplain extending from the outer edge of the floodway to the outer limit of
the 100-year floodplain. Water in floodway fringes is often shallow and slow
moving, even during a major flood.
(iv) Mineral resources.
(v) Viable agricultural soils means those
soils suited for commercial agricultural production. See Feuer and Maine, Soil
Groups for Agriculture: A Report of Soils Occurring Primarily on Private Land
Within the Blue Line of the Adirondack Park (New York State College of
Agriculture and Life Sciences at Cornell University, 1972).
(vi) Forest resources.
(vii) Open-space resources.
(viii) Vegetative cover.
(ix) The quality and availability of land for
outdoor recreational purposes.
(3) Air.
(i) Air quality.
(4) Noise.
(i) Noise levels.
(5) Critical resource areas.
(i) Rivers and corridors of rivers designated
to be studied as wild, scenic or recreational in accordance with section
15-2715 of the Environmental
Conservation Law.
(ii) Rare plant
communities means communities of native terrestrial plant species that occur at
less than 30 recorded locations in New York State, as shown on the Listing of
Rare and Endangered Plants prepared by the agency or as may be located on the
Unique Natural and Culture Feature Maps maintained by the agency.
(iii) Habitats of rare and endangered species
and key wildlife habitats.
(a) Habitats of
rare and endangered species means habitats and likely habitats of rare plant
communities and of terrestrial wildlife listed in Rare and Endangered Wildlife
within the Adirondack Park,appendix D of the agency publication Development in
the Adirondack Park.
(b) Key
wildlife habitats means habitats required for the survival of wildlife species
which are characteristic of the northern hardwood and coniferous forests of the
Adirondack Park, many of which are unique, within New York, to the Adirondacks
or rare or endangered within the State. Key wildlife habitats include:
(1) deer wintering yards, which means areas
having a distinctive combination of vegetation, topography and hydrological
characteristics that offer protection and food for deer forced to seek shelter
due to deep snow or severe weather conditions;
(2) waterfowl nesting, resting and feeding
areas, which means areas vitally important to the maintenance of breeding and
migrating waterfowl populations, especially shallow and deep water marshes
contiguous to open water;
(3)
ecotones, which means areas of major vegetation transition zones providing
valuable food, shelter, water and rearing areas for a variety of wildlife
species, some of which live primarily within the ecotone, and some of which
depend on it during certain periods of their life cycle. Ecotones include
borders of lakes, ponds, rivers and streams, borders between coniferous and
hardwood vegetation, and the edges of open areas such as fields and plains
which abut forested lands.
(iv) Alpine and subalpine life
zones.
(v) Wetlands.
(vi) Unique features, including gorges,
waterfalls and geologic formations.
(6) Wildlife.
(i) Fish and wildlife.
(7) Aesthetics means harmonizing land use or
development with the natural environment.
(i)
Scenic vistas include distant views through or along an opening, especially
views which frame or focus attention upon a scene of distinctive character and
natural beauty such as a prominent landmark, mountain, river valley, plain, or
historical monument. Scenic vistas include those designated on the official
Adirondack Park land use and development plan map, and those locally
designated.
(ii) Natural and
man-made travel corridors include the land or water visible from natural and
man-made transportation routes such as interstate, State, county and town
highways, boating and canoe routes, and hiking and horse trails.
(b) Historic site
considerations.
(1) Historic factors:
(i) historic sites of structures.
(c) Site development
considerations.
(1) Natural site factors.
(i) Geology.
(ii) Slopes.
(iii) Soil characteristics.
(iv) Depth to groundwater and other
hydrological factors.
(2) Other site factors.
(i) Adjoining and nearby land uses.
(ii) Adequacy of site facilities.
(d) Governmental
considerations.
(1) Governmental service and
finance factors.
(i) Ability of government to
provide facilities and services means the effect of a land use or development
or subdivision of land upon the fiscal affairs of all local governments under a
duty to provide services and facilities such as education, recreation, police
and fire protection, public health, public sewer and water, sanitary landfills
and transportation, assuming the current tax structure and tax rates are to be
maintained.
(ii) Municipal, school
or special district taxes or special district user charges.
(e) Governmental review
considerations.
(1) Governmental control
factors. Conformance with other governmental controls includes conformance with
local land use controls in accordance with section
574.6
of this Part.
Notes
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