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A05451 Summary:

BILL NOA05451
 
SAME ASNo Same As
 
SPONSOREnglebright
 
COSPNSRColton, Sepulveda, Lavine, Hunter, Abinanti, Cahill, Thiele, Carroll, Lifton, Rosenthal L, Fahy, D'Urso, Otis, Lupardo, Glick, Niou, Walker
 
MLTSPNSRDe La Rosa, Steck
 
Amd 802, 805, 809 & 810, Exec L
 
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.
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A05451 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          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

        A. 5451                             2
 
     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:

        A. 5451                             3
 
     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.

        A. 5451                             4
 
     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.

        A. 5451                             5
 
     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.
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