October 3, 2017

Zoning in the Adirondack ParkThe Town of Horicon Zoning Law Rewrite

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Key Messages

• Zoning is difficult

• The APA Act provides some land use controls but doesn’t cover everything

• Utilize your local experts

• The APA’s Local Government Services Team can be a resource

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Outline• Local Zoning in the Adirondack Park

– Layers of land use controls

• Agency-approved Local Land Use Programs (ALLUPs)

• Amending ALLUPs– Coordination & Responsibilities of Involved/Interested

Agencies

• Amending the Horicon Zoning Code– Review Criteria Act §807 & 9NYCRR §582– Process – Challenges

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Local Zoning In The Adirondack ParkLayers of Land Use Controls

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Layers of Land Use Controls

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Adirondack Park Plan Map & APA Act

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Towns with Zoning & Subdivision

APA Jurisdiction:APA ActRiversWetlands

Town ControlsTypically Include:UsesLot Sizes/Intensity/DensityLot ConfigurationRoads (frontage & standards)Historic DistrictsHamlet (Uses & Density)Design StandardsNuisance

Include Land Use Controls and Standards in addition to APA

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Agency-approved Local Land Use Programs (ALLUPs)Quick Overview

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ALLUP Criteria: APA Act §807.2The Program…

• Is in accordance with the land use and development plan

• Is compatible with the character descriptions and purposes, policies and objectives of the land use areas, and, in regard to its map, compatible with the plan map.

• Reasonably applies the overall intensity guidelines

• Reasonably applies the compatible uses lists

• Incorporates at a minimum the shoreline restrictions

• Requires review of class B regional projects

• Contains authority and provisions for administration and enforcement

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17 TownsAriettaBoltonCarogaChester

ChesterfieldColton

DayEdinburg

HagueHoricon

Indian LakeJohnsburg

Lake GeorgeNewcomb

QueensburyWestportWillsboro

1 VillageVillage of Lake George

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Amending Zoning in Agency-approved Local Land Use Programs (ALLUPs)Knowing The Players

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Department

Of

State

NYS DEC

AdirondackPark

Agency

Town/Village

Other Interested Agencies

County

The Players

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Coordination & ResponsibilitiesTown/Village

•Author (with and without professional consultant)•Lead Agency for SEQRA•Formal Approval

Adirondack Park Agency •Involved Agency for SEQRA•Technical Assistance•Formal Approval

County •County Planning Board Referral (GML 239)

Department of State •Record Keeping & Repository for all Local Laws•Technical Assistance

Department of Environmental Conservation •Potential Involved Agency for SEQRA•ENB Notices

Other Agencies (i.e. OPRHP, DOH, DOT, LGPC)

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AdirondackPark

Agency

Town/Village

Supervisor/MayorAttorney

Town/Village BoardPlanning Board

Zoning BoardCode Enforcement Officer

Zoning AdministratorCommitteesConsultants

The Public

Agency BoardExecutive DirectorPlanning Director

Local Government ServicesLegalRASS

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Amending Zoning in Agency-approved Local Land Use Programs (ALLUPs)Playing The Game

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ALLUP - ChallengesGeneral Municipal Law

and NYS Town Law

APA ACT• Land Use and Development Plan• Overall Intensity Guidelines (OIGs)• Compatible Uses • Shoreline Restrictions • Review of Class B Regional Projects • Administration and Enforcement

Agency-approved Local Land Use ProgramZoning

SubdivisionSanitary

Gracefully Blend…Town Law

&APA Requirements

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ALLUP – Challenges ctd.

General Municipal Law & NYS Town Law

APA ACT & Regulations

APA-Approved Local Land Use ProgramZoning

SubdivisionSanitary

Regional Laws: Lake George Park Commission

New York State Uniform Fire Prevention & Building Code

Other Federal, State, County Laws & Requirements

New York State Department of Health Requirements

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Amending Zoning in Agency-approved Local Land Use Programs (ALLUPs)Horicon’s Zoning Rewrite

Town of Horicon Zoning Law

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Stepping Through The

Amendment Process

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Aligning APA

&Local

Zoning Districts

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Aligning APA & Local Zoning Districts: Example

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Aligning APA & Local Uses

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Aligning APA & Local Uses: Example 1

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Proposed CodePermitted By RightConditional UsesSite Plan ApprovalProhibited Uses

Existing CodePermitted By RightConditional UsesProhibited Uses

Aligning APA & Local Uses: Example 2

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Aligning APA

& Local

Definitions

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COMMERCIAL USE: Any use involving the sale or rental or distribution of goods, services or commodities, either retail or wholesale, or the provision of recreation facilities or activities for a fee. The following are specific types of COMMERCIAL USE:

AUTO BODY SHOP: The use of an area or portion of any lot or plot whether inside or outside a building for the repair or painting of an auto body.

AUTOMOBILE SERVICE STATION: A form of commercial use which includes any building, land area or other premises, or portion thereof, used or intended to be used for the repair, storage and servicing of motor vehicles or for the retail dispensing or sales of vehicular fuels; which may include as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories.

BOAT STORAGE, COMMERCIAL: Property used for the storage of boats for a fee with no service or maintenance permitted on the premises.…

Aligning APA & Local Uses: Example 1

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SHORELINE BUILDINGSETBACK: The shortest distance, measured horizontally, between any point of a building and the shoreline of any lake or pond, and the shorelines of any river designated to be studied as a wild, scenic or recreational river in accordance with the Environmental Conservation Law or any river or stream navigable by boat, including canoe.

SHORELINE STRUCTURESETBACK: The shortest distance, measured horizontally, between any point of a structure and the shoreline of any lake or pond, or the shoreline of any river designated to be studied as a wild, scenic or recreational river in accordance with the Environmental Conservation Law or any river or stream navigable by boat, including canoe.

Aligning APA & Local Definitions: Example 2

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Aligning APA & Local Definitions: Example 3

Any structure, no more than 6 feet in width built or maintained for the purpose of providing a berthing place for boats or vessels. See Section 11.60.

A floating or fixed structure that:A. extends into or over a lake, pond, or navigable river or stream from only that portion of the immediate shoreline or boathouse necessary to attach the floating or fixed structure to the shoreline or boathouse;

B. is no more than 8 feet in width; or in the case of interconnected structures intended to accommodate multiple watercraft or other authorized use, each element of which is no more than 8 feet in width; andC. is built or used for the purposes of securing and/or loading or unloading water craft and/or for swimming or water recreation. A permanent supporting structure located within the applicable setback area which is used to suspend a dock above water level for storage by means of a hoist or other mechanical device is limited to not more than 100 square feet, measured in the aggregate if more than one such supporting structure isused. A dock must remain parallel with the water when suspended for storage, unless the size of the total structure does not exceed 100 square feet. Mechanisms necessary to hoist or suspend the dock must be temporary and must be removed during the boating season. See Section 8.08.

Existing Dock Definition Proposed Dock Definition

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Horicon Zoning Re-write Timeline• 1978 – Horicon becomes an ALLUP

• 2010 - Comprehensive Plan Adopted

• 2012 - Declares Initial Lead Agency for Zoning Re-write

• 2013 - Supervisor Bentley Retires

• 2014 – Supervisor Simpson Elected!

• 2016 Declares Lead Agency September 2016 - APA Approval October 2016 - New Zoning Law Adopted November 2016 - Filed with NYS DOS

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Don’t Forget Your Keys!• Zoning is difficult

• The APA Act provides some land use controls but doesn’t cover everything

• Utilize your local experts

• The APA’s Local Government Services Team can be a resource

Robyn BurgessLocal Government ServicesAdirondack Park Agency(518) 891-4050LocalGovernment@apa.ny.gov

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Questions?

Contact Info:Robyn BurgessLocal Government ServicesAdirondack Park Agency(518) 891-4050LocalGovernment@apa.ny.gov