S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10669

                          I N  A S S E M B L Y

                              June 10, 2016
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright)
  --  read once and referred to the Committee on Environmental Conserva-
  tion

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:

  Section 1. Legislative findings and statement of purpose. When enacted
in nineteen hundred seventy-three, the  Adirondack  park  land  use  and
development   plan   represented  an  historic  application  of  natural
resource-based land use control. For over  forty  years,  the  plan  has
sought to insure optimum overall conservation, protection, preservation,
development  and  use  of the unique scenic, aesthetic, wildlife, recre-
ational, open space, historic, ecological and natural resources of  this
cherished area.
  Conservation  science  and  land use planning techniques have advanced
since the enactment of the plan.  It is now recognized that the  spatial
pattern  of development is fully, if not more, ecologically important as
its overall density.
  Subdivision of land into large  residential  lots,  or  rural  sprawl,
impairs  ecosystem  function, decreases biotic integrity, alters species
behavior and composition, increases human-wildlife conflicts,  fragments
ownership,  impairs  cohesive land management, undermines the open space
character of the park, and threatens its healthy timber industry.
  The purpose of this act is to strengthen the land use and  development
plan  and its administration by incorporating modern conservation design
principles therein and to curtail rural sprawl.
  S 2. Section 802 of the executive law is amended by  adding  four  new
subdivisions 17-b, 18-a, 52-a and 63-a to read as follows:
  17-B. "CONSERVATION SUBDIVISION" MEANS THE SUBDIVISION OF ANY TRACT OF
UNDEVELOPED  OR SUBSTANTIALLY UNDEVELOPED LAND INTO A RESIDENTIAL SUBDI-
VISION OF TWENTY-FIVE OR MORE (INCLUDE LANGUAGE BEGINNING "OR  MORE,  UP
TO  AND  INCLUDING  SITES) IN LOW INTENSITY USE AREAS, TEN OR MORE LOTS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11707-02-6
              

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PARCELS OR SITES IN RURAL USE AREAS, OR FIVE OR MORE  RESIDENTIAL  LOTS,
PARCELS OR SITES IN RESOURCE MANAGEMENT AREAS WHICH:
  A. HAS BEEN DESIGNED IN ACCORDANCE WITH AN ECOLOGICAL PRESERVATION AND
FOREST STEWARDSHIP PLAN PREPARED BY QUALIFIED EXPERTS INCLUDING, BUT NOT
LIMITED TO EXPERTS IN TERRESTRIAL AND AQUATIC ECOLOGY, WHICH IS APPROVED
BY THE AGENCY; AND
  B.  PROVIDES  FOR  THE PRESERVATION BY A DEED RESTRICTION, RESTRICTIVE
COVENANT, CONSERVATION EASEMENT  PURSUANT  TO  TITLE  THREE  OF  ARTICLE
FORTY-NINE  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW OR OTHER PERMANENT
LEGAL MEANS OF AT LEAST SEVENTY-FIVE PERCENT OF THE TRACT IN  CONTIGUOUS
AND INTACT OPEN SPACE NOT PART OF ANY RESIDENTIAL LOT, PARCEL OR SITE IN
ACCORDANCE WITH AN ECOLOGICAL PRESERVATION AND FOREST STEWARDSHIP PLAN.
  18-A.  "ECOLOGICAL  PRESERVATION  AND FOREST STEWARDSHIP PLAN" MEANS A
DETAILED PLAN FOR THE DESIGN AND DEVELOPMENT OF A CONSERVATION  SUBDIVI-
SION WHICH:
  A.  HAS  BEEN PREPARED BY QUALIFIED EXPERTS, INCLUDING BUT NOT LIMITED
TO EXPERTS IN TERRESTRIAL AND AQUATIC  ECOLOGY,  IN  THE  SUBJECT  AREAS
COVERED BY THE PLAN;
  B.  IS BASED ON A THOROUGH, SPECIFIC AND DETAILED STUDY OF THE PROJECT
SITE, PERFORMED PRIOR TO THE PREPARATION OF SITE PLANS OR  OTHER  DESIGN
OF THE PROJECT; AND
  C.  DETERMINES THE SIZE, CONFIGURATION AND ALLOWABLE USES OR CONSERVA-
TION, OPEN SPACE RECREATION AND, IF DESIRED, FORESTRY, OF  THE  AREA  OF
THE  PROJECT  SITE TO BE PRESERVED BY PERMANENT LEGAL MEANS, TAKING INTO
ACCOUNT, BUT NOT LIMITED TO, THE FOLLOWING:
  (1) THE TERRESTRIAL AND  AQUATIC  WILDLIFE  INHABITING,  BREEDING  ON,
MIGRATING ACROSS, TRAVERSING OR OTHERWISE USING THE PROJECT SITE;
  (2)  CORRIDORS,  INCLUDING  RIDGELINES  AND  RIPARIAN ZONES, PROVIDING
MEANS BY WHICH WILDLIFE MAY  TRAVEL  TO  ADJACENT  OR  CONTIGUOUS  AREAS
PROVIDING HABITAT, BREEDING OR SPAWNING AREAS, OR MEETING OTHER NEEDS;
  (3)  VEGETATIVE  BUFFERS ON THE SHORELINES OF LAKES, PONDS, RIVERS AND
STREAMS, AND PROTECTION AND PRESERVATION OF VERNAL  POOLS  AND  RIPARIAN
AREAS;
  (4)  THE NEED TO PRESERVE LARGE INTACT FOREST TRACTS FOR PROTECTION OF
WILDLIFE HABITAT AND BIODIVERSITY, ESPECIALLY FOR PROTECTION OF  SPECIES
NATIVE  TO  OR  OTHERWISE REQUIRING SUCH TRACTS: FOR WATERSHED PRESERVA-
TION, AND FOR MITIGATION OF CLIMATE  CHANGE,  WHILE  AT  THE  SAME  TIME
ALLOWING SUSTAINABLE FORESTRY IF DESIRED;
  (5) THE NEED TO MINIMIZE THE CREATION OF EDGES BETWEEN FORESTED TRACTS
AND ROADS AND OTHER OPEN AREAS;
  (6) THE NEED TO MINIMIZE ROADS AND DRIVEWAYS;
  (7)  THE  NEED  TO PRESERVE OTHER VALUABLE ECOLOGICAL RESOURCES OF THE
SITE, INCLUDING BUT NOT LIMITED TO WETLANDS, FLOODPLAINS, NATURAL DRAIN-
AGE WAYS, SNAGS AND FALLEN WOODY DEBRIS, AND STEEP AREAS; AND
  (8) SUBDIVISION AND SPATIAL DESIGN WHICH MINIMIZES  THE  AREA  OF  THE
PROJECT SUBJECT TO ECOLOGICAL DISTURBANCE THROUGH MAXIMUM OVERLAP OF THE
ECOLOGICAL IMPACT ZONES OF INDIVIDUAL DWELLINGS.
  52-A.  "PROJECT  SITE" MEANS THE LAND INCLUDED IN A PROJECT UPON WHICH
THE APPLICABLE OVERALL INTENSITY GUIDELINE  IS  CALCULATED  PURSUANT  TO
PARAGRAPH  C  OF  SUBDIVISION  TEN OF SECTION EIGHT HUNDRED NINE OF THIS
ARTICLE.
  63-A. "SUBSTANTIALLY UNDEVELOPED LAND" MEANS LAND IN  AGRICULTURAL  OR
FORESTRY  USE,  GROUP  CAMPS,  CAMPGROUNDS  AND  LAND  USED  FOR SIMILAR
PURPOSES.

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  S 3. Paragraph a of subdivision 1 of section 805 of the executive law,
as amended by chapter 348 of the laws of 1973, is  amended  to  read  as
follows:
  a. The Adirondack park land use and development plan is hereby adopted
and  shall  hereafter  [serve  to guide] DETERMINE land use planning and
development throughout the entire area of the  Adirondack  park,  except
for those lands owned by the state.
  S  4. Subparagraph 1 of paragraph e of subdivision 3 of section 805 of
the executive law, as amended by chapter 348 of the  laws  of  1973,  is
amended to read as follows:
  (1)  Character  description.  Low  intensity  use areas, delineated in
orange on the plan map, are those  readily  accessible  areas,  normally
within  reasonable proximity to a hamlet, where the physical and biolog-
ical resources are fairly tolerant  and,  PROVIDED  CONSERVATION  DESIGN
PRINCIPLES  ARE  APPLIED  TO  RESIDENTIAL SUBDIVISIONS OF TWENTY-FIVE OR
MORE LOTS, PARCELS OR SITES, can withstand development at  an  intensity
somewhat  lower  than found in hamlets and moderate intensity use areas.
While these areas often exhibit wide variability in the land's capabili-
ty to support development, they are generally  areas  with  fairly  deep
soils,  moderate  slopes  and  no  large acreages of critical biological
importance. Where these areas are adjacent to or near hamlets,  cluster-
ing homes on the most developable portions of these areas makes possible
a relatively high level of residential units and local services.
  S  5. Subparagraph 2 of paragraph f of subdivision 3 of section 805 of
the executive law, as amended by chapter 348 of the  laws  of  1973,  is
amended to read as follows:
  (2) Purposes, policies and objectives. The basic purpose and objective
of rural use areas is to provide for and encourage those rural land uses
that  are consistent and compatible with the relatively low tolerance of
the areas' natural resources and the preservation  of  the  open  spaces
that are essential and basic to the unique character of the park. Anoth-
er  objective  of  rural use areas is to prevent strip development along
major travel corridors in order to enhance the  aesthetic  and  economic
benefit derived from a park atmosphere along these corridors.
  Residential  [development] SUBDIVISION OF TEN OR MORE LOTS, PARCELS OR
SITES, and related development and uses [should] SHALL occur  [on  large
lots  or]  in  relatively small clusters on carefully selected [and well
designed] sites  DETERMINED  THROUGH  THE  APPLICATION  OF  CONSERVATION
DESIGN  PRINCIPLES.   This will provide for BOTH ECOLOGICAL PRESERVATION
AND further diversity in residential and  related  development  opportu-
nities in the park.
  S  6. Subparagraph 2 of paragraph g of subdivision 3 of section 805 of
the executive law, as amended by chapter 348 of the  laws  of  1973,  is
amended to read as follows:
  (2)  Purposes,  policies and objectives. The basic purposes and objec-
tives of resource management areas are to protect the delicate  physical
and  biological  resources,  encourage proper and economic management of
forest, agricultural and recreational resources and  preserve  the  open
spaces that are essential and basic to the unique character of the park.
Another  objective  of these areas is to prevent strip development along
major travel corridors in order to enhance the  aesthetic  and  economic
benefits derived from a park atmosphere along these corridors.
  Finally,  resource management areas will allow for residential [devel-
opment on substantial acreages or] SUBDIVISION OF  FIVE  OR  MORE  LOTS,
PARCELS  OR SITES ONLY in small clusters on carefully selected [and well

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designed] sites  DETERMINED  THROUGH  THE  APPLICATION  OF  CONSERVATION
DESIGN PRINCIPLES.
  S  7.  Paragraph  b  of subdivision 10 of section 809 of the executive
law, as added by chapter 348 of the laws of 1973, is amended to read  as
follows:
  b.  The project would be compatible with the character description and
purposes, policies and objectives of the land use  area  wherein  it  is
proposed  to  be located. IF THE PROJECT IS A RESIDENTIAL SUBDIVISION OF
(1) TWENTY-FIVE OR MORE LOTS, PARCELS OR SITES IN A LOW INTENSITY  AREA,
(2)  TEN OR MORE LOTS, PARCELS OR SITES IN A RURAL USE AREA, OR (3) FIVE
OR MORE LOTS, PARCELS OR SITES IN A RESOURCE MANAGEMENT AREA, IT MAY NOT
BE  PRESUMED  COMPATIBLE UNLESS IT IS A CONSERVATION SUBDIVISION. If the
project is on the classification of compatible uses list  for  the  land
use  area  involved,  there shall be a presumption of compatibility with
the character description, purposes, policies  and  objectives  of  such
land  use area. If the project is a class B regional project because, as
provided in section eight hundred ten, it is  not  listed  as  either  a
primary  use or a secondary use on the classification of compatible uses
list for the land use area wherein it is proposed to be  located,  there
shall  be  a  presumption that such project would not be compatible with
the character description, purposes, policies  and  objectives  of  such
land  use  area and the burden shall be on the project sponsor to demon-
strate such compatibility to the satisfaction of the agency.
  S 8. Subdivision 14 of section 809 of the executive law is amended  by
adding a new paragraph d to read as follows:
  D.  PROCEDURES  GOVERNING  THE  DESIGN  OF  CONSERVATION SUBDIVISIONS,
DEFINED IN SUBDIVISION SEVENTEEN-B OF SECTION EIGHT HUNDRED TWO OF  THIS
ARTICLE,  AND  THE  PREPARATION  OF  ECOLOGICAL  PRESERVATION AND FOREST
STEWARDSHIP PLANS, DEFINED IN SUBDIVISION EIGHTEEN-A  OF  SECTION  EIGHT
HUNDRED TWO OF THIS ARTICLE, INCLUDING BUT NOT LIMITED TO: (1) THE TYPES
OF  EXPERTISE  TO  BE  REQUIRED  OF  THOSE PREPARING SUCH PLANS; (2) THE
SCOPE, CONTENT AND LEVEL OF DETAIL TO BE REQUIRED IN  THE  PROJECT  SITE
STUDY  UPON WHICH SUCH PLANS ARE TO BE BASED; (3) THE USES TO BE ALLOWED
IN THE OPEN SPACE PORTION OF SUCH SUBDIVISIONS, AND (4)  IF  SUSTAINABLE
FORESTRY  IS  TO  BE  PRACTICED  IN  SUCH OPEN SPACE PORTION, THE SCOPE,
CONTENT AND LEVEL OF DETAIL TO BE REQUIRED IN A FOREST MANAGEMENT PLAN.
  S 9. Subparagraph 3 of paragraph d of subdivision 1 of section 810  of
the  executive  law,  as  added  by  chapter 348 of the laws of 1973, is
amended to read as follows:
  (3) All land uses and development and all subdivisions of land involv-
ing [twenty] TWENTY-FIVE or more residential lots, parcels or  sites  or
residential units, whether designed for permanent, seasonal or transient
use.
  S  10. Subparagraph 1 of paragraph b and subparagraph 1 of paragraph c
of subdivision 2 of section 810 of the executive law, as added by  chap-
ter 348 of the laws of 1973, are amended to read as follows:
  (1)  Subdivisions  of  land (and all land uses and development related
thereto) involving ten or more but less than  [thirty-five]  TWENTY-FIVE
lots, parcels or sites, other than subdivisions of land involving mobile
homes.
  (1)  Subdivisions  of  land (and all land uses and development related
thereto) involving five or more but less than [twenty] TEN lots, parcels
or sites, other than subdivisions of land involving mobile homes.
  S 11. Nothing in this act shall be deemed to  prevent  the  Adirondack
park  agency  from  requiring any subdivision requiring a permit from it
pursuant to section 810 of the executive law, but not meeting the  defi-

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nition  of  conservation  subdivision, as defined in subdivision 17-b of
section 802 of the executive  law,  to  be  designed  and  developed  in
accordance  with an ecological preservation and forest stewardship plan,
as  defined in subdivision 18-a of section 802 of the executive law, and
to provide for the preservation of a portion of the tract in  contiguous
and  intact open space by a conservation easement pursuant to title 3 of
article 49 of the environmental  conservation  law  or  other  permanent
legal means of protection.
  S  12. The Adirondack park agency shall, within 180 days of the effec-
tive date of this act, promulgate the rules and regulations referred  to
in paragraph d of subdivision 14 of section 809 of the executive law, as
added by section eight of this act.
  S  13. Nothing in this act shall be construed to authorize the Adiron-
dack park agency to require that any interest in land comprising part of
a conservation subdivision be conveyed to a public  body  or  any  other
legal entity.
  S  14.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become  a  law,  and  shall  apply  to  applications
received by the Adirondack park agency after that date, and to any resi-
dential  subdivisions  which have received a permit from such agency but
which are not then "in  existence"  as  defined  in  subdivision  25  of
section 802 of the executive law.