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

§ 35.05 Management plan. 1. For each area designated in subdivision\none of section 35.03 of this article the commissioner shall request\npreparation by the appropriate local governmental or heritage area\nplanning entity of a comprehensive management plan as hereinafter\nprovided. The commissioner shall fully cooperate and be consulted in\npreparation of such plan and shall ensure that relevant private\ninterests are consulted. Such plan shall be deemed to be the plan for\nboth state and local government. Each such plan shall be completed and\nsubmitted to the commissioner for his or her approval as provided in\nsubdivisions three and four of section 35.03 of this article.\n 2. The commissioner may require the chief executive officer of each\nlocal government with general jurisdiction over all or a portion of a\ndesignated area to identify a local official or local agency to be the\nagent for the local government in coordinating the preparation of the\nmanagement plan and to appoint a local heritage area advisory committee\nrepresentative of local civic, commercial, historic preservation,\neducational, recreational and conservation interests to advise the\ncommissioner and local government during preparation of the management\nplan. At least one public hearing on a draft management plan shall be\nheld in each designated area.\n 3. The local legislative body of each city, town or village within a\ndesignated area except that for the area designated pursuant to\nparagraphs (h), (o) and (q) of subdivision one of section 35.03 of this\narticle the legislative body of each county included in whole or in part\nwithin the area must approve the management plan before it is submitted\nto the commissioner for its approval. Each such plan shall be completed\nand submitted to the required local legislative bodies for approval and\nto the commissioner within forty-five days of the local approval.\n 4. Management plans shall be the fundamental document defining the\ngoals and boundaries for each state designated heritage area, and the\nmeans for the area's implementation and management. A management plan\nshall include, but need not be limited to:\n (a) The boundaries of the heritage area set forth in text and depicted\non a map. Areas or zones within the heritage area shall be identified\nfor particular nature and intensity of use including those zones most\nappropriately devoted to public use and development by state or local\ngovernment and private use. Boundaries shall be located as deemed\nnecessary or desirable for the purposes of resource protection, scenic\nintegrity, and management and administration in furtherance of the\npurposes of this title and the estimated cost thereof;\n (b) An inventory and designation of the natural and cultural resources\nwithin the heritage area;\n (c) Statement of the goals and objectives of the heritage area;\n (d) Identification of the types of uses, both public and private, to\nbe accommodated and their linkages to the overall statewide system;\n (e) Identification of properties, if any, to be acquired;\n (f) Description of the interpretive and educational exhibits and\nprograms to be undertaken;\n (g) Description of the program for encouraging and accommodating\nvisitation to the heritage area;\n (h) An economic assessment of the long and short term costs and\nbenefits related to the establishment, operation and maintenance of the\nheritage area, including comprehensive estimate of the costs of\nimplementing the management plan identified by source of funding and\nspecifically delineating expected state, local, federal and private\ncontributions;\n (i) Description of the techniques or means for the preservation and\nprotection of the natural and cultural resources within the heritage\narea including the means such as appropriate local legislation for\ndesignation and protection of historic properties or natural areas to\nassure that future local actions will be consistent with established and\nagreed upon preservation standards or criteria;\n (j) Description of the organizational structure to be utilized for\nplanning, development and management of the heritage area, including the\nresponsibilities and interrelationships of local, regional and state\nagencies in the management process and a program to provide maximum\nfeasible private participation in the implementation of the management\nplan. Such organizational structures may include but not be limited to\nutilization of existing state and local agencies for administrative and\nfinance purposes through contracts and letters of agreement between\nstate and local agencies or, where necessary, proposed legislation for\nnew entities to administer and finance implementation of a management\nplan; and\n (k) A schedule for the planning, development and management of the\nheritage area.\n 5. Each management plan must demonstrate that the capability exists at\nthe local level to implement and manage the heritage area including, but\nnot limited to, the ability to:\n (a) Accept and disburse funds;\n (b) Acquire, improve, and dispose of property;\n (c) Manage, operate, and maintain appropriate heritage area facilities\nidentified as being of local responsibility without state financial\nassistance; and\n (d) Promulgate and enforce land use and preservation criteria and\nstandards as required to protect the resources within each heritage\narea.\n 5-a. The management plan for the heritage area established by\nparagraph (s) of subdivision one of section 35.03 of this article shall\nauthorize state agencies and the county of Chautauqua to collaborate and\ncooperate with governmental entities in the state of Pennsylvania with\nregard to the stewardship and development of the grape wine and juice\nindustries within such state and the heritage area established by such\nparagraph. The collaboration and cooperation authorized by this\nsubmission shall include, but not be limited to, joint project planning\nand grant funding.\n 6. Selected individual requirements or portions thereof for the\nmanagement plan submissions may be waived by the commissioner provided\nthat prior submissions to the office during a previous planning process\nare judged to provide sufficient data to fulfill the purpose of the\nmanagement plan, except that in no case shall the requirements of\nparagraph (h) of subdivision four or of subdivision five of this section\nbe waived.\n 7. The commissioner shall review and approve acceptable management\nplans for state designated heritage areas, and proposed changes or\namendments to a previously approved management plan. Such approval shall\nbe based upon the plan's consistency with the policy and goals of this\ntitle generally and particularly to its attainment of resource\nprotection and the provision of educational, recreational, preservation,\neconomic and cultural benefits for the public at large. The commissioner\nshall tender in writing such approval or a denial of approval with\nwritten reasons therefor within ninety days after receipt of the locally\napproved management plan or change or amendment thereto. If there has\nbeen a denial of approval, a revised management plan, change or\namendment may be submitted to the commissioner.\n 8. Approval of the management plan by the commissioner shall:\n (a) Establish eligibility for the receipt of acquisition, development\nand programming assistance from the state within the defined heritage\narea boundaries;\n (b) Establish those properties defined in the management plan as\nsignificant for consideration for eligibility for the state register of\nhistoric places; and\n (c) Require, for continuance in the program, appropriate local action\nto protect and safeguard the defined resources in the heritage area.\n 9. The commissioner may, after holding a public hearing in the state\ndesignated heritage area subject to review, withdraw approval of a\nmanagement plan where he or she finds that the local government with\nimmediate general jurisdiction over all or a portion of such heritage\narea has taken actions which have had a significant adverse impact upon\nheritage area resources or has generally failed to implement its role\nunder a management plan. When approval has been withdrawn, the heritage\narea shall no longer be deemed to be state designated. The commissioner\nshall report such withdrawal of approval to the governor and the\nlegislature stating the reasons for such action.\n