N.Y. Parks, Recreation and Historic Preservation Law § 35.05: Management plan

§ 35.05 Management plan. 1. For each area designated in subdivision

one of section 35.03 of this article the commissioner shall request

preparation by the appropriate local governmental or heritage area

planning entity of a comprehensive management plan as hereinafter

provided. The commissioner shall fully cooperate and be consulted in

preparation of such plan and shall ensure that relevant private

interests are consulted. Such plan shall be deemed to be the plan for

both state and local government. Each such plan shall be completed and

submitted to the commissioner for his or her approval as provided in

subdivisions three and four of section 35.03 of this article.

2. The commissioner may require the chief executive officer of each

local government with general jurisdiction over all or a portion of a

designated area to identify a local official or local agency to be the

agent for the local government in coordinating the preparation of the

management plan and to appoint a local heritage area advisory committee

representative of local civic, commercial, historic preservation,

educational, recreational and conservation interests to advise the

commissioner and local government during preparation of the management

plan. At least one public hearing on a draft management plan shall be

held in each designated area.

3. The local legislative body of each city, town or village within a

designated area except that for the area designated pursuant to

paragraphs (h), (o) and (q) of subdivision one of section 35.03 of this

article the legislative body of each county included in whole or in part

within the area must approve the management plan before it is submitted

to the commissioner for its approval. Each such plan shall be completed

and submitted to the required local legislative bodies for approval and

to the commissioner within forty-five days of the local approval.

4. Management plans shall be the fundamental document defining the

goals and boundaries for each state designated heritage area, and the

means for the area's implementation and management. A management plan

shall include, but need not be limited to:

(a) The boundaries of the heritage area set forth in text and depicted

on a map. Areas or zones within the heritage area shall be identified

for particular nature and intensity of use including those zones most

appropriately devoted to public use and development by state or local

government and private use. Boundaries shall be located as deemed

necessary or desirable for the purposes of resource protection, scenic

integrity, and management and administration in furtherance of the

purposes of this title and the estimated cost thereof;

(b) An inventory and designation of the natural and cultural resources

within the heritage area;

(c) Statement of the goals and objectives of the heritage area;

(d) Identification of the types of uses, both public and private, to

be accommodated and their linkages to the overall statewide system;

(e) Identification of properties, if any, to be acquired;

(f) Description of the interpretive and educational exhibits and

programs to be undertaken;

(g) Description of the program for encouraging and accommodating

visitation to the heritage area;

(h) An economic assessment of the long and short term costs and

benefits related to the establishment, operation and maintenance of the

heritage area, including comprehensive estimate of the costs of

implementing the management plan identified by source of funding and

specifically delineating expected state, local, federal and private

contributions;

(i) Description of the techniques or means for the preservation and

protection of the natural and cultural resources within the heritage

area including the means such as appropriate local legislation for

designation and protection of historic properties or natural areas to

assure that future local actions will be consistent with established and

agreed upon preservation standards or criteria;

(j) Description of the organizational structure to be utilized for

planning, development and management of the heritage area, including the

responsibilities and interrelationships of local, regional and state

agencies in the management process and a program to provide maximum

feasible private participation in the implementation of the management

plan. Such organizational structures may include but not be limited to

utilization of existing state and local agencies for administrative and

finance purposes through contracts and letters of agreement between

state and local agencies or, where necessary, proposed legislation for

new entities to administer and finance implementation of a management

plan; and

(k) A schedule for the planning, development and management of the

heritage area.

5. Each management plan must demonstrate that the capability exists at

the local level to implement and manage the heritage area including, but

not limited to, the ability to:

(a) Accept and disburse funds;

(b) Acquire, improve, and dispose of property;

(c) Manage, operate, and maintain appropriate heritage area facilities

identified as being of local responsibility without state financial

assistance; and

(d) Promulgate and enforce land use and preservation criteria and

standards as required to protect the resources within each heritage

area.

5-a. The management plan for the heritage area established by

paragraph (s) of subdivision one of section 35.03 of this article shall

authorize state agencies and the county of Chautauqua to collaborate and

cooperate with governmental entities in the state of Pennsylvania with

regard to the stewardship and development of the grape wine and juice

industries within such state and the heritage area established by such

paragraph. The collaboration and cooperation authorized by this

submission shall include, but not be limited to, joint project planning

and grant funding.

6. Selected individual requirements or portions thereof for the

management plan submissions may be waived by the commissioner provided

that prior submissions to the office during a previous planning process

are judged to provide sufficient data to fulfill the purpose of the

management plan, except that in no case shall the requirements of

paragraph (h) of subdivision four or of subdivision five of this section

be waived.

7. The commissioner shall review and approve acceptable management

plans for state designated heritage areas, and proposed changes or

amendments to a previously approved management plan. Such approval shall

be based upon the plan's consistency with the policy and goals of this

title generally and particularly to its attainment of resource

protection and the provision of educational, recreational, preservation,

economic and cultural benefits for the public at large. The commissioner

shall tender in writing such approval or a denial of approval with

written reasons therefor within ninety days after receipt of the locally

approved management plan or change or amendment thereto. If there has

been a denial of approval, a revised management plan, change or

amendment may be submitted to the commissioner.

8. Approval of the management plan by the commissioner shall:

(a) Establish eligibility for the receipt of acquisition, development

and programming assistance from the state within the defined heritage

area boundaries;

(b) Establish those properties defined in the management plan as

significant for consideration for eligibility for the state register of

historic places; and

(c) Require, for continuance in the program, appropriate local action

to protect and safeguard the defined resources in the heritage area.

9. The commissioner may, after holding a public hearing in the state

designated heritage area subject to review, withdraw approval of a

management plan where he or she finds that the local government with

immediate general jurisdiction over all or a portion of such heritage

area has taken actions which have had a significant adverse impact upon

heritage area resources or has generally failed to implement its role

under a management plan. When approval has been withdrawn, the heritage

area shall no longer be deemed to be state designated. The commissioner

shall report such withdrawal of approval to the governor and the

legislature stating the reasons for such action.