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Subpart 646-8 Orders Of The Lake George Park Commission

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§646-8.1 Statement of Findings and Purpose

The commission hereby declares that Lake George and its surrounding environs are a treasured resource to the people of the State of New York; that, consistent with article 43 of the ECL, this unique resource must be protected and preserved through optimum conservation, protection and preservation measures to protect the Lake George Park and, in particular, the water quality of Lake George; that in recent years the Lake George Park has experienced rapid growth and development; that the subdivision and development of land are commercial enterprises which are leading to adverse impacts to water quality; that recent testing of water quality in Lake George by the commission, other State agencies, and local municipalities and the Lake George Association Fund has demonstrated alarming levels of contamination in Lake George from both existing and new development and the wastewater and stormwater discharges associated with those activities; that, if proper safeguards are not implemented promptly, irreversible harm may be done to this treasured resource through further contamination of the waters of Lake George, the acceleration of the eutrophication process, the proliferation of exotic weed species, all of which will adversely impact Lake George as a natural, scenic and economic resource; that, pursuant to chapter 617 of the Laws of 1987, the commission was granted authority to regulate wastewater discharges and to promulgate regulations for the preparation of stormwater plans within the Lake George Park; that the implementation of that authority is imperative to address the serious water quality problems at Lake George; that the implementation of that authority will take approximately one year or longer through the development of comprehensive parkwide wastewater and stormwater management regulations and the regulatory and environmental reviews associated with that process; that, pending promulgation of such programs, interim stop gap measures are necessary to protect the water quality at Lake George from further degradation from further development in the Lake George Park without the benefit of the optimum conservation measures that will be incorporated in those programs; that, pursuant to ECL, sections 43-0107(24), (32) and 43-0111, the commission is authorized to prohibit, restrict or control commercial development in the Lake George Park; and that it is necessary for the commission to implement its authority regarding commercial uses to establish a permanent zone and to temporarily prohibit commercial development within that zone pending the implementation of comprehensive wastewater and stormwater regulations, and then to limit commercial development consistent with such regulations.

§646-8.2 Permanent Zone

The Lake George Park, as that term is defined in ECL, section 43-0103(1), exclusive of State or municipally owned land, is hereby declared to be a permanent zone. The precise courses and distances of said zone are set forth in the referenced statute.

§646-8.3 Restrictions and Conditions

On or after the effective date of this Subpart, no person shall build, erect or construct any commercial project, or enlarge, expand or convert to another use any existing commercial use within the zone established by this Subpart. For the purpose of this Subpart, the term commercial use shall mean the use of land for any purpose from which a profit of any kind may be derived, other than the lease of residential property for single-family residential purposes, and shall include the subdivision and/or development of property for commercial gain. For the purpose of this Subpart the term commercial project shall mean any commercial use which involves the construction or erection of a temporary or permanent structure, but shall not include:

(a) any project that has received all Federal, State and local permits and approvals, including building permits, necessary to commence construction prior to the effective date of this Subpart provided that such permits and approvals are in effect on the effective date of this Subpart, except for routine, ministerial permits and approvals that are issued during the course of construction based upon the progress of construction and ministerial permit renewals;

(b) the construction of a single-family residence or an accessory structure, including a residential dock, wharf or mooring, on a lot or parcel which:

(1) is part of a subdivision that has received all Federal, State and local governmental approvals necessary for such subdivision prior to the effective date of this Subpart and which was properly filed in accordance with the requirements of State law prior to the effective date of this Subpart; or

(2) which lot was lawfully in existence prior to the effective date of this Subpart; provided that, prior to the effective date of this Subpart, the lot or parcel on which the structure is to be constructed has been deeded to the person who intends to reside in or lease the structure for single-family residential purposes and the structure is not part of a device or scheme to construct and/or operate two or more structures for rental purposes;

(c) the maintenance, repair or renovation of existing facilities and structures, provided that the same does not expand or enlarge the facility or structure, or convert it to another use; or

(d) any project from which all stormwater runoff and wastewater are discharged outside of the watershed of Lake George if the staff of the commission first determines in writing that all such discharge actually occurs outside of said watershed.

§646-8.4 Expiration Date

Section 646-8.3 of this Subpart shall expire upon:

(a) the promulgation of regulations by the commission relative to wastewater discharges and stormwater management and the issuance of a further Subpart to limit commercial development consistent with such regulations; or

(b) July 15, 1990, whichever occurs first.

§646-8.5 Variances

Any person who experiences unnecessary hardship by reason of this Subpart may apply to the Lake George Park Commission for a variance from this Subpart subject to the standards, procedures and conditions required by 6 NYCRR Subpart 645-8. Notwithstanding the failure of an applicant to demonstrate unnecessary hardship, the commission may grant a variance upon a showing by the applicant that the proposed project or activity incorporates best technologies available, as determined by the commission, for wastewater and stormwater management. Upon any application for a variance, the commission may coordinate its review of the variance application with the review of the project or activity by other involved agencies.