[HISTORY: Adopted by the Town Board of the Town of Lake George 8-21-1972
by L.L. No. 1-1972. Amendments noted where applicable.]
Pursuant to § 96-a of the General Municipal Law, the Town
of Lake George is empowered to designate areas, sites, buildings, monuments
and/or other structures or sites within the Town of Lake George as having
great and substantial historic or aesthetic or scenic value and and shall
provide for the regulatory control of areas, sites, buildings, monuments and/or
other structures or sites so designated.
This chapter should be known and may be cited as the "Lake George Environmental
Preservation Law."
A.
When not inconsistent with the context, words used in
the present tense include the future, words used in the plural number include
the singular number, and words used in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory; and
the word "may" is permissive.
[Amended 7-11-1994 by L.L.
No. 1-1994]
B.
ALTER OR CHANGE A SITE
BOARD
DESIGNATED
PERSON
PROPERTY OWNER
RESIDENT
SITE
TOWN
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given herein:
Any erection of a structure thereon, any removal of a structure or
any portion of the site therefrom or any other such action that might appreciably
change the visual, physical or chemical makeup of such site.
The Town Board of the Town of Lake George.
That, by resolution of the Town Board of the Town of Lake George,
a site, because of its natural beauty or historic or aesthetic value, shall
come under the regulatory controls of the Lake George Environmental Preservation
Law.
Any person, proprietorship, corporation, association or any other
organizational structure, regardless of whether it is nonprofit in nature,
that has its principal office in the Town of Lake George or its activities
are carried on principally within the Town of Lake George.
Any person owning property within or partly within the boundaries
of the Town of Lake George.
Any person who resides within the Town of Lake George for a period
in excess of 30 days.
Any area of land, building, monument or such other parcel of land
or structure located within or partly within the boundaries of the Town of
Lake George.
The Town of Lake George.
The Board or any member thereof or any person, resident or property
owner may request the Board to designate a particular site, giving exact boundaries,
descriptions and reasons for such request, under the provisions of this chapter.
The Board, upon receipt of such request, in writing, shall review the request
and within 15 days shall schedule two public hearings. Such public hearings
shall be advertised in the Town newspaper at least 10 days prior to the scheduled
date of the hearing, and specific notice in writing shall be sent to the Lake
George Park Commission, the Lake George Association, the Lake George Historical
Association, the New York State Historian, the Department of Environmental
Conservation, the Town of Lake George Zoning Board of Appeal and the Town
of Lake George Board of Assessment Review. After the holding of the public
hearings, the Town Board shall consider all evidence, pages, documents and
testimony before it and within 15 days of the date of the second public hearing
shall grant or deny such request in writing. The Board may consider more than
one request at the public hearings.
When a site is so designated under the provisions of this chapter, it
shall be subject to the following regulations:
A.
The owner of the site or such other person having control
over the site, desiring to alter or change the site, shall request permission
to do so from the Board in writing, giving the details of such planned alterations
or change.
B.
The Board shall hold a public hearing within 20 days
after the receipt of the proposed alterations or change and within 10 days
immediately following such hearing shall grant or deny in writing the proposed
alterations or change giving its reasons.
C.
In granting or denying such proposed alteration or change, the Board shall consider solely whether or not the natural beauty or historic value or aesthetic beauty of the site will be appreciably or substantially changed so as to defeat the purpose for which such site was so designated under the provisions of § 72-4.
D.
If the denial of such proposed alteration or change shall
constitute a taking of such site as finally determined by a court of competent
jurisdiction, then the Town shall acquiesce to such determination and reasonably
compensate such person or grant the original proposed alteration or change.
E.
Any alteration or change of a site which was substantially
in effect prior to the request for designation under the provisions of this
chapter shall be allowed to continue to completion insofar as the provisions
of this chapter are concerned.
[Amended 7-11-1994 by L.L.
No. 1-1994]
Any person violating any of the provisions of this chapter shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined
an amount not exceeding $1,000 or be imprisoned in jail for a period not exceeding
one year, or be both so fined and imprisoned. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall be
punishable as such hereunder.
