Relates to preserving ecological integrity, wildlife and open space in the Adirondack park; strengthens land use and development provisions in the Adirondack park so as to curtail rural sprawl.
STATE OF NEW YORK
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5451
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the executive law, in relation to preserving ecological
integrity, wildlife and open space in the Adirondack park
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and statement of purpose. When enacted
2 in nineteen hundred seventy-three, the Adirondack park land use and
3 development plan represented an historic application of natural
4 resource-based land use control. For over forty years, the plan has
5 sought to insure optimum overall conservation, protection, preservation,
6 development and use of the unique scenic, aesthetic, wildlife, recre-
7 ational, open space, historic, ecological and natural resources of this
8 cherished area.
9 Conservation science and land use planning techniques have advanced
10 since the enactment of the plan. It is now recognized that the spatial
11 pattern of development is fully, if not more, ecologically important as
12 its overall density.
13 Subdivision of land into large residential lots, or rural sprawl,
14 impairs ecosystem function, decreases biotic integrity, alters species
15 behavior and composition, increases human-wildlife conflicts, fragments
16 ownership, impairs cohesive land management, undermines the open space
17 character of the park, and threatens its healthy timber industry.
18 The purpose of this act is to strengthen the land use and development
19 plan and its administration by incorporating modern conservation design
20 principles therein and to curtail rural sprawl.
21 § 2. Section 802 of the executive law is amended by adding four new
22 subdivisions 17-b, 18-a, 52-a and 63-a to read as follows:
23 17-b. "Conservation subdivision" means the subdivision of any tract of
24 undeveloped or substantially undeveloped land into a residential subdi-
25 vision of twenty-five or more lots, parcels or sites in low intensity
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09620-01-7
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1 use areas, ten or more lots, parcels or sites in rural use areas, and
2 five or more lots, parcels or sites in resource management areas which:
3 a. has been designed in accordance with an ecological preservation and
4 forest stewardship plan prepared by qualified experts including, but not
5 limited to experts in terrestrial and aquatic ecology, which is approved
6 by the agency; and
7 b. provides for the preservation by a deed restriction, restrictive
8 covenant, conservation easement pursuant to title three of article
9 forty-nine of the environmental conservation law or other permanent
10 legal means of at least seventy-five percent of the tract in contiguous
11 and intact open space not part of any residential lot, parcel or site in
12 accordance with the plan.
13 18-a. "Ecological preservation and forest stewardship plan" means a
14 detailed plan for the design and development of a conservation subdivi-
15 sion which:
16 a. has been prepared by qualified experts in the subject areas covered
17 by the plan;
18 b. is based on a thorough, specific and detailed study of the project
19 site, performed prior to the preparation of site plans or other design
20 of the project; and
21 c. determines the size, configuration and allowable uses for conserva-
22 tion, open space recreation and, if desired, forestry, of the area of
23 the project site to be preserved by permanent legal means, taking into
24 account, but not limited to, the following:
25 (1) the terrestrial and aquatic wildlife inhabiting, breeding on,
26 migrating across, traversing or otherwise using the project site;
27 (2) corridors, including ridgelines and riparian zones, providing
28 means by which wildlife may travel to adjacent or contiguous areas
29 providing habitat, breeding or spawning areas, or meeting other needs;
30 (3) vegetative buffers on the shorelines of lakes, ponds, rivers and
31 streams, and protection and preservation of vernal pools and riparian
32 areas;
33 (4) the need to preserve large intact forest tracts for protection of
34 wildlife habitat and biodiversity, especially for protection of species
35 native to or otherwise requiring such tracts: for watershed preserva-
36 tion, and for mitigation of climate change, while at the same time
37 allowing sustainable forestry if desired;
38 (5) the need to minimize the creation of edges between forested tracts
39 and roads and other open areas;
40 (6) the need to minimize roads and driveways;
41 (7) the need to preserve other valuable ecological resources of the
42 site, including but not limited to wetlands, floodplains, natural drain-
43 age ways, snags and fallen woody debris, and steep areas; and
44 (8) subdivision and spatial design which minimizes the area of the
45 project subject to ecological disturbance through maximum overlap of the
46 ecological impact zones of individual dwellings.
47 52-a. "Project site" means the land included in a project upon which
48 the applicable overall intensity guideline is calculated pursuant to
49 paragraph c of subdivision ten of section eight hundred nine of this
50 article.
51 63-a. "Substantially undeveloped land" means land in agricultural or
52 forestry use, group camps, campgrounds and land used for similar
53 purposes.
54 § 3. Paragraph a of subdivision 1 of section 805 of the executive law,
55 as amended by chapter 348 of the laws of 1973, is amended to read as
56 follows:
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1 a. The Adirondack park land use and development plan is hereby adopted
2 and shall hereafter [serve to guide] determine land use planning and
3 development throughout the entire area of the Adirondack park, except
4 for those lands owned by the state.
5 § 4. Subparagraph 1 of paragraph e of subdivision 3 of section 805 of
6 the executive law, as amended by chapter 348 of the laws of 1973, is
7 amended to read as follows:
8 (1) Character description. Low intensity use areas, delineated in
9 orange on the plan map, are those readily accessible areas, normally
10 within reasonable proximity to a hamlet, where the physical and biolog-
11 ical resources are fairly tolerant and, residential subdivisions of
12 twenty-five or more lots, parcels or sites which are designed as conser-
13 vation subdivisions, can withstand development at an intensity somewhat
14 lower than found in hamlets and moderate intensity use areas. While
15 these areas often exhibit wide variability in the land's capability to
16 support development, they are generally areas with fairly deep soils,
17 moderate slopes and no large acreages of critical biological importance.
18 Where these areas are adjacent to or near hamlets, clustering homes on
19 the most developable portions of these areas makes possible a relatively
20 high level of residential units and local services.
21 § 5. Subparagraph 2 of paragraph f of subdivision 3 of section 805 of
22 the executive law, as amended by chapter 348 of the laws of 1973, is
23 amended to read as follows:
24 (2) Purposes, policies and objectives. The basic purpose and objective
25 of rural use areas is to provide for and encourage those rural land uses
26 that are consistent and compatible with the relatively low tolerance of
27 the areas' natural resources and the preservation of the open spaces
28 that are essential and basic to the unique character of the park. Anoth-
29 er objective of rural use areas is to prevent strip development along
30 major travel corridors in order to enhance the aesthetic and economic
31 benefit derived from a park atmosphere along these corridors.
32 Residential [development] subdivision of ten or more lots, parcels or
33 sites, and related development and uses [should] shall occur [on large
34 lots or] in relatively small clusters on carefully selected [and well
35 designed] sites determined through the application of conservation
36 subdivision design. This will provide for both ecological preservation
37 and further diversity in residential and related development opportu-
38 nities in the park.
39 § 6. Subparagraph 2 of paragraph g of subdivision 3 of section 805 of
40 the executive law, as amended by chapter 348 of the laws of 1973, is
41 amended to read as follows:
42 (2) Purposes, policies and objectives. The basic purposes and objec-
43 tives of resource management areas are to protect the delicate physical
44 and biological resources, encourage proper and economic management of
45 forest, agricultural and recreational resources and preserve the open
46 spaces that are essential and basic to the unique character of the park.
47 Another objective of these areas is to prevent strip development along
48 major travel corridors in order to enhance the aesthetic and economic
49 benefits derived from a park atmosphere along these corridors.
50 Finally, resource management areas will allow for residential [devel-
51 opment on substantial acreages or] subdivision of five or more lots,
52 parcels or sites only in small clusters on carefully selected [and well
53 designed] sites determined through the application of conservation
54 design principles.
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1 § 7. Paragraph b of subdivision 10 of section 809 of the executive
2 law, as added by chapter 348 of the laws of 1973, is amended to read as
3 follows:
4 b. The project would be compatible with the character description and
5 purposes, policies and objectives of the land use area wherein it is
6 proposed to be located. If the project is on the classification of
7 compatible uses list for the land use area involved, there shall be a
8 presumption of compatibility with the character description, purposes,
9 policies and objectives of such land use area. Provided, however, if
10 the project is a residential subdivision of (1) twenty-five or more
11 lots, parcels or sites in a low intensity use area, (2) ten or more
12 lots, parcels or sites in a rural use area, or (3) five or more lots,
13 parcels or sites in a resource management area, it may not be presumed
14 compatible unless it is a conservation subdivision. If the project is a
15 class B regional project because, as provided in section eight hundred
16 ten, it is not listed as either a primary use or a secondary use on the
17 classification of compatible uses list for the land use area wherein it
18 is proposed to be located, there shall be a presumption that such
19 project would not be compatible with the character description,
20 purposes, policies and objectives of such land use area and the burden
21 shall be on the project sponsor to demonstrate such compatibility to the
22 satisfaction of the agency.
23 § 8. Subdivision 14 of section 809 of the executive law is amended by
24 adding a new paragraph d to read as follows:
25 d. Procedures governing the design of conservation subdivisions,
26 defined in subdivision seventeen-b of section eight hundred two of this
27 article, and the preparation of ecological preservation and forest
28 stewardship plans, defined in subdivision eighteen-a of section eight
29 hundred two of this article, including but not limited to: (1) the types
30 of expertise to be required of those preparing such plans; (2) the
31 scope, content and level of detail to be required in the project site
32 study upon which such plans are to be based; (3) the uses to be allowed
33 in the open space portion of such subdivisions, and (4) if sustainable
34 forestry is to be practiced in such open space portion, the scope,
35 content and level of detail to be required in a forest management plan.
36 § 9. Subparagraph 3 of paragraph d of subdivision 1 of section 810 of
37 the executive law, as added by chapter 348 of the laws of 1973, is
38 amended to read as follows:
39 (3) All land uses and development and all subdivisions of land involv-
40 ing [twenty] twenty-five or more residential lots, parcels or sites or
41 residential units, whether designed for permanent, seasonal or transient
42 use.
43 § 10. Subparagraph 3 of paragraph c of subdivision 1 of section 810 of
44 the executive law, as added by chapter 348 of the laws of 1973, is
45 amended to read as follows:
46 (3) All land uses and development and all subdivisions of land involv-
47 ing [thirty-five] twenty-five or more residential lots, parcels or sites
48 or residential units, whether designed for permanent, seasonal or tran-
49 sient use.
50 § 11. Subparagraph 1 of paragraph b and subparagraph 1 of paragraph c
51 of subdivision 2 of section 810 of the executive law, as added by chap-
52 ter 348 of the laws of 1973, are amended to read as follows:
53 (1) Subdivisions of land (and all land uses and development related
54 thereto) involving ten or more but less than [thirty-five] twenty-five
55 lots, parcels or sites, other than subdivisions of land involving mobile
56 homes.
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1 (1) Subdivisions of land (and all land uses and development related
2 thereto) involving five or more but less than [twenty] ten lots, parcels
3 or sites, other than subdivisions of land involving mobile homes.
4 § 12. Nothing in this act shall be deemed to prevent the Adirondack
5 park agency from requiring any subdivision requiring a permit from it
6 pursuant to section 810 of the executive law, but not meeting the defi-
7 nition of conservation subdivision, as defined in subdivision 17-b of
8 section 802 of the executive law, to be designed and developed in
9 accordance with an ecological preservation and forest stewardship plan,
10 as defined in subdivision 18-a of section 802 of the executive law, and
11 to provide for the preservation of a portion of the tract in contiguous
12 and intact open space by a conservation easement pursuant to title 3 of
13 article 49 of the environmental conservation law or other permanent
14 legal means of protection.
15 § 13. The Adirondack park agency shall, within 180 days of the effec-
16 tive date of this act, promulgate the rules and regulations referred to
17 in paragraph d of subdivision 14 of section 809 of the executive law, as
18 added by section eight of this act.
19 § 14. Nothing in this act shall be construed to authorize the Adiron-
20 dack park agency to require that any interest in land comprising part of
21 a conservation subdivision be conveyed to a public body or any other
22 legal entity.
23 § 15. This act shall take effect on the one hundred eightieth day
24 after it shall have become a law, and shall apply to applications
25 received by the Adirondack park agency after that date, and to any resi-
26 dential subdivisions which have received a permit from such agency but
27 which are not then "in existence" as defined in subdivision 25 of
28 section 802 of the executive law.
