NY Pks, Rec & Hist Pres L § 35.05 (2021)
2021 New York Laws PAR - Parks, recreation and historic preservation Title G - Heritage Areas Article 35 - New York State System of Heritage Areas 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.