S T A T E   O F   N E W   Y O R K
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                                   5451
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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.
   § 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 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
 
 USE  AREAS,  TEN  OR MORE LOTS, PARCELS OR SITES IN RURAL USE AREAS, AND
 FIVE OR MORE 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 THE 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 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 FOR 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.
   § 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. 5451                             3
 
   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.
   §  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,  RESIDENTIAL  SUBDIVISIONS  OF
 TWENTY-FIVE OR MORE LOTS, PARCELS OR SITES WHICH ARE DESIGNED AS CONSER-
 VATION  SUBDIVISIONS, 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 capability 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, clustering homes on
 the most developable portions of these areas makes possible a relatively
 high level of residential units and local services.
   § 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
 SUBDIVISION DESIGN.  This will provide for BOTH ECOLOGICAL  PRESERVATION
 AND  further  diversity  in residential and related development opportu-
 nities in the park.
   § 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
 designed]  sites  DETERMINED  THROUGH  THE  APPLICATION  OF CONSERVATION
 DESIGN PRINCIPLES.

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   § 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 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.   PROVIDED,  HOWEVER,  IF
 THE  PROJECT  IS  A  RESIDENTIAL  SUBDIVISION OF (1) TWENTY-FIVE OR MORE
 LOTS, PARCELS OR SITES IN A LOW INTENSITY USE 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 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 demonstrate such compatibility to the
 satisfaction of the agency.
   § 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.
   § 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.
   § 10. Subparagraph 3 of paragraph c 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 [thirty-five] TWENTY-FIVE or more residential lots, parcels or sites
 or residential units, whether designed for permanent, seasonal or  tran-
 sient use.
   §  11. 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.

 A. 5451                             5
 
   (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.
   §  12.  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-
 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.
   §  13. 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.
   §  14. 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.
   §  15.  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.