N.Y. Comp. Codes R. & Regs. Tit. 9 § 574.7 - Application of the overall intensity guidelines
In addition to the provisions of section 809(10)(c) of the Adirondack Park Agency Act and the applicable exemptions of section 811 of the Act, the following rules shall apply:
(a) The number of new principal buildings
associated with a project shall be the net increase in principal buildings on a
project site. A project that does not result in such a net increase (such as
tearing down an existing principal building and constructing a new principal
building elsewhere on the project site) will not be considered to involve a new
principal building for the purpose of applying the overall intensity
guidelines.
(b) Where a purely
mathematical application of the overall intensity guidelines to a given project
site results in a fractional number of permissible principal buildings, that
number shall be rounded to the nearest whole number, which shall be the
arithmetically permissible number of principal buildings.
(c) As many as a 10 percent greater number of
principal buildings than are arithmetically permissible may be permitted where
justified by natural resource and public considerations, such as where a common
sewerage system is provided or where the project would be substantially
invisible from travel corridors.
(d) The overall intensity guidelines shall
apply to all principal buildings which are part of a project, except single
family dwellings or mobile homes which are proposed to be located on (1) a
preexisting vacant lot of record as described in section 811(1)(a) of the
Adirondack Park Agency Act, (2) a lot located in a preexisting subdivision
which has received New York State Department of Health approval, or (3) a lot
created by bona fide gift, devise or inheritance where the donor or decedent
continuously owned the property since prior to May 22, 1973 and the recipient
was a member of his immediate family.
Notes
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