Caroga Town City Zoning Code

The purpose of this Article is to further the general purposes, policies and objectives of the Town’s Zoning Ordinance and the Adirondack Park Agency Act setting forth the criteria for review of Class A and B Regional Projects by the Adirondack Park Agency and the Town of Caroga.

This Section establishes requirements and administrative procedures for the review of Class A and B Regional Projects by the Planning Board or the Adirondack Park Agency, and sets forth the Town’s role when Class A or B Regional Projects are reviewed by the Adirondack Park Agency.

Class A Regional Project. No person shall undertake a Class A regional project unless and until the Adirondack Park Agency shall have 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.

Class B Regional Project. No person shall undertake a use permitted by Site Plan Approval, Special Use Approval, or prohibited use for which a variance has been granted pursuant to Article 11, which use is also a Class B regional project, unless and until the Planning Board shall have reviewed and approved, or approved subject to conditions, such project, and the Code Enforcement Officer has issued a permit with respect thereto pursuant to the terms of Article 10 hereof.

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 territory of the Town, pursuant to and in accordance with Section 809(9) of the Adirondack Park Agency Act, the applicable Agency rules and regulations and the criteria hereinafter set forth.

The Adirondack Park Agency shall not approve a Class A regional project unless it first determines, after seeking consultation with the Planning Board and upon consideration of any advisory recommendations of the Planning Board relative to the project, that the project would comply with the Town local land use program. The Agency will accept and adopt as its own findings any recommendations made by the Planning Board as to compliance with the dimensional and other technical requirements of the local land use program, unless such recommendation are inconsistent with the express terms of the Town local land use program.

In making the determination required by Section 809(9) of the Adirondack Park Agency Act as to the impact of the proposed Class A regional project upon the resources of the Adirondack Park, including the ability of all levels of government to provide supporting 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 Section 805(4) of the APA Act.

Notwithstanding the fact that Class A regional project approval may have been granted by the Adirondack Park Agency after a finding by that body that the project would comply with all provisions of this ordinance, it must be recognized that all reasonable bodies may differ. Therefore, where the Town Planning Board finds that the project would have an undue, adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Town or upon the ability of the Town to provide supporting facilities and services necessary by the project, taking into account the commercial, industrial, residential, recreational and other benefits that might be derived from the project, or that the project would otherwise be approved under this ordinance, the Board may disapprove the project, irrespective of any Agency approval. In such case, the reasons for Planning Board disapproval shall be specified in writing.

The Planning Board, or its designee, is hereby designated to consult with the Adirondack Park Agency with regard to Agency review of Class A regional projects.

Within thirty (30) days following receipt by the Planning Board from the Adirondack Park Agency of a Notice of Application completion with regard to a Class A regional project, the Planning Board or its designees shall provide the Agency with advisory recommendations as to whether the project would comply with the Town local use program.

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.

Upon receipt of an Application for a Class B Regional Project, a copy of the notice shall be forwarded to the APA per Section 808(2) of the Act and Section of 582.7 of the APA’s regulations.

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.

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

1. The project would comply with all provisions of the Town’s Zoning Ordinance.

2. The use would be in harmony with the general purpose and intent of the Town’s Zoning Ordinance and Comprehensive Plan, 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.

3. 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.

4. The project would 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 in Section 805(4) of the APA Act.