When a proposed subdivision is a Class B Regional
Subdivision, the Planning Board shall not render any approvals unless
the Board first determines that the subdivision would not 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 public to provide supporting facilities
and services made necessary by the subdivision, taking into account
the commercial, industrial, residential, recreational or other benefits
that might be derived from the subdivision. In making this determination,
the Planning Board shall consider the following:
A. Water resources:
(2) Natural sedimentation of siltation.
(4) Existing drainage and runoff patterns.
(5) Existing flow characteristics.
(6) Existing water table and rates of exchange.
B. Land resources:
(3) Floodplain and flood hazard.
(5) Viable agricultural soils.
(9) The quality and availability of land for outdoor recreational
purposes.
E. Critical resource areas:
(2) Habitats of rare and endangered species and key wildlife
habitats.
(4) Unique features, including gorges, waterfalls, and
geologic formations.
G. Scenic vistas and travel corridors.
H. Historic sites or structures.
I. Site factors, such as:
(4) Depth to groundwater and other hydrological factors.
(5) Adjoining and nearby land uses.
(6) Adequacy of site facilities.
J. Governmental considerations:
(1) Ability of government to provide facilities and services.
(2) Municipal school or special district taxes or special
district user charges.
(3) Conformance with other governmental controls.
When the Planning Board renders final approval
of a Class B Regional Subdivision, the Board shall issue a permit
authorizing the subdivider to undertake the subdivision in accordance
with any terms and conditions set forth therein. The Planning Board,
in conjunction with its approval of any Class B Regional Subdivision,
may impose such requirements and conditions as are allowable within
the proper exercise of the police power, including the restriction
of land against further development of principal buildings, whether
by deed restriction, restrictive covenant or other similar appropriate
means, to ensure that guidelines as to intensity of development as
provided in the Zoning Ordinance shall be respected, and the imposition of reasonable conditions
to ensure that the subdivision will be adequately supported by services
and improvements made necessary thereby, and to ensure that the subdivision
will be completed in accordance with the terms of the approval and
permit.
When a proposed subdivision is a Class B Regional Subdivision, within 10 days following receipt of a completed application under Article
III, the Planning Board shall furnish the Adirondack Park Agency a copy of the application and plat, together with such further pertinent information as the Agency may deem necessary. The Planning Board shall also mail a copy of the notice of public hearing on the subdivision to the Agency at least five days before such hearing. The Agency shall be a full party in interest with standing to participate in the hearing and other proceedings pursuant to this section relative to Class B Regional Subdivisions.
As soon as possible after the Planning Board
has received notice that a Class A Regional Subdivision has been filed
with the Adirondack Park Agency, the Planning Board or its designee,
shall consult with the Agency to determine whether the subdivision
meets the requirements of the Town Land Use Program. Not later than
30 days following this notice, the Planning Board shall provide the
Agency with its determination whether the subdivision meets the requirements
of the Town Land Use Plan. The Adirondack Park Agency shall not approve
a Class A Regional Subdivision, unless it first determines, after
consultation with the Planning Board, that the subdivision would comply
with all the requirements of the Town Land Use Plan.