EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10481-01-5
S. 6903 2
THE STATE. IT IS THE INTENT OF THE LEGISLATURE TO ESTABLISH THE SCAJA-
QUADA HERITAGE AREA IN THE CITY OF BUFFALO AS DEFINED IN PARAGRAPH (W)
OF SUBDIVISION ONE OF SECTION 35.03 OF THIS TITLE, TO WORK WITH PARTIC-
IPATING STATE AND MUNICIPAL AGENCIES, ORGANIZATIONS AND RESIDENTS IN
ORDER TO IMPLEMENT OR CAUSE TO BE IMPLEMENTED THE PRESERVATION AND
ENHANCEMENT OF THE HISTORIC, CULTURAL, ECONOMIC AND ARCHITECTURAL
RESOURCES OF THE HERITAGE AREA. THE COMMISSION ESTABLISHED BY THIS ARTI-
CLE IS DESIGNED TO ENSURE AND PROMOTE THE ACCESSIBILITY TO THE RESOURCES
IN THE HERITAGE AREA TO A BROAD RANGE OF ACADEMIC AND TOURISM INTERESTS.
IT IS THE INTENT OF THE LEGISLATURE THAT THE HERITAGE AREA BE MARKETED
TO NICHE MARKET TRAVELERS AND SCHOLARS AND THAT ECONOMIC DEVELOPMENT
WITHIN ITS BOUNDARIES IS CONSISTENT WITH THE LEGISLATIVE INTENT, AND THE
MISSION OF THE HERITAGE AREA.
§ 41.03 DEFINITIONS. IN ADDITION TO THE DEFINITIONS CONTAINED IN
SECTION 31.01 OF THIS TITLE, WHENEVER USED IN THIS ARTICLE, UNLESS A
DIFFERENT MEANING IS CLEARLY APPARENT FROM THE CONTEXT, THE TERMS LISTED
BELOW SHALL HAVE THE FOLLOWING MEANINGS:
1. "SCAJAQUADA HERITAGE AREA" OR "HERITAGE AREA" SHALL MEAN THE PRES-
ERVATION CORRIDOR LOCATED BETWEEN THE NIAGARA RIVER, NIAGARA STREET,
FOREST AVENUE, DELAWARE AVENUE, DELEVAN AVENUE, MAIN STREET, JEWETT
PARKWAY, PARKSIDE AVENUE, NOTTINGHAM TERRACE, AND AMHERST STREET OR SUCH
OTHER GEOGRAPHIC CORRIDORS ESTABLISHED BY AN APPROVED MANAGEMENT PLAN.
2. "SCAJAQUADA HERITAGE AREA COMMISSION" OR "COMMISSION" SHALL MEAN
THE SCAJAQUADA HERITAGE AREA COMMISSION CREATED PURSUANT TO THIS ARTI-
CLE.
§ 41.05 SCAJAQUADA HERITAGE AREA COMMISSION. 1. THE COMMISSION IS
HEREBY ESTABLISHED AS A NOT-FOR-PROFIT CORPORATION. THE COMMISSION SHALL
BE GOVERNED BY THE NOT-FOR-PROFIT CORPORATION LAW EXCEPT WHERE SUCH LAW
CONFLICTS WITH THIS ARTICLE, IN WHICH CASE THE PROVISIONS OF THIS ARTI-
CLE SHALL GOVERN. THE COMMISSION SHALL CONSIST OF UP TO ELEVEN VOTING
MEMBERS AND SIX NON-VOTING EX-OFFICIO MEMBERS. ONE MEMBER EACH SHALL BE
APPOINTED BY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
THE SPEAKER OF THE ASSEMBLY. OTHER MEMBERS SHALL INCLUDE THE MAYOR OF
THE CITY OF BUFFALO OR THEIR DESIGNEE, A REPRESENTATIVE OF THE SENECA
NATION, TWO REPRESENTATIVES OF COMMUNITY GROUPS SPECIFIED HEREIN, TWO
REPRESENTATIVES FROM ENVIRONMENTAL, CULTURAL, OR RECREATIONAL ORGANIZA-
TIONS IN THE HERITAGE AREA SPECIFIED HEREIN, AND TWO ACADEMIC REPRESEN-
TATIVES FROM INSTITUTIONS SPECIFIED HEREIN. EACH TERM, TWO OF THE
FOLLOWING COMMUNITY GROUPS SHALL EACH APPOINT A REPRESENTATIVE: BLACK
ROCK RIVERSIDE ALLIANCE, VISION NIAGARA, AND PARKSIDE COMMUNITY ASSOCI-
ATION. EACH TERM, TWO OF THE FOLLOWING CULTURAL, ENVIRONMENTAL, AND
RECREATIONAL ORGANIZATIONS SHALL EACH APPOINT A REPRESENTATIVE: BUFFALO
HISTORY MUSEUM, BLACK ROCK HISTORICAL SOCIETY, BUFFALO OLMSTED PARKS
CONSERVANCY, FOREST LAWN CEMETERY, DARWIN MARTIN HOUSE, BUFFALO AKG
MUSEUM, BUFFALO NIAGARA WATERKEEPER, GO BIKE BUFFALO, RICHARDSON OLMSTED
CAMPUS, BUFFALO ZOO, AND BURCHFIELD PENNEY ART CENTER. EACH TERM, TWO OF
THE FOLLOWING ACADEMIC INSTITUTIONS SHALL EACH APPOINT A REPRESENTATIVE:
BUFFALO STATE UNIVERSITY, UNIVERSITY AT BUFFALO, CANISIUS UNIVERSITY,
BUFFALO PUBLIC SCHOOL NUMBER 305, AND THE NICHOLS SCHOOL. NO COMMUNITY
GROUP, ENVIRONMENTAL, CULTURAL, AND RECREATIONAL ORGANIZATION, OR
ACADEMIC INSTITUTION MAY APPOINT A REPRESENTATIVE IN TWO CONSECUTIVE
TERMS, AND SUCH APPOINTMENTS SHALL OCCUR ON A ROTATING BASIS, AS DETER-
MINED BY THE COMMISSION. ALL APPOINTEES SHALL BE RESIDENTS OF THE CITY
OF BUFFALO, BUT THE COMMISSION HAS THE AUTHORITY TO WAIVE THIS REQUIRE-
MENT AT ITS DISCRETION. IN ADDITION, SIX NON-VOTING MEMBERS SHALL SERVE
EX-OFFICIO: THE SECRETARY OF STATE, THE COMMISSIONERS OF THE OFFICE OF
S. 6903 3
PARKS, RECREATION AND HISTORIC PRESERVATION, THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION, THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND THE
DEPARTMENT OF EDUCATION, AND THE PRESIDENT OF THE CITY OF BUFFALO'S
CONVENTION AND VISITOR'S BUREAU OR THEIR DESIGNEES. APPOINTMENTS TO THE
COMMISSION SHALL BE FILED WITH THE COMMISSIONER WHO SHALL CONVENE THE
FIRST MEETING OF THE COMMISSION FOLLOWING THE FILING OF A MAJORITY OF
THE APPOINTMENTS. AT THE INITIAL MEETING, THE MEMBERS OF THE COMMISSION
SHALL SELECT OFFICERS.
2. THE TERM OF OFFICE FOR APPOINTEES SHALL BE FOUR YEARS. MEMBERS MAY
SERVE ON THE COMMISSION UNTIL THEY RESIGN OR ARE REPLACED. IN THE EVENT
OF A VACANCY OCCURRING OTHER THAN BY THE EXPIRATION OF A MEMBER'S TERM,
SUCH VACANCY SHALL BE FILLED FOR THE BALANCE OF THE UNEXPIRED TERM IN
THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
3. A MAJORITY OF THE VOTING MEMBERS OF THE COMMISSION SHALL CONSTITUTE
A QUORUM.
4. THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR THEIR EXPENSES
ACTUALLY AND NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
5. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, GENERAL,
SPECIAL, OR LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE OR ANY CIVIL
DIVISION THEREOF SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT
THEIR OFFICE OR EMPLOYMENT BY REASON OF THEIR ACCEPTANCE OF MEMBERSHIP
ON THE COMMISSION.
6. EVERY STATE AGENCY AND PUBLIC CORPORATION HAVING JURISDICTION OF
LAND WITHIN THE HERITAGE AREA SHALL, TO THE FULLEST EXTENT PRACTICABLE,
COOPERATE WITH AND ASSIST THE COMMISSION IN CARRYING OUT THE PROVISIONS
OF THIS ARTICLE.
7. EVERY LOCAL AGENCY RELATING TO THE HERITAGE AREA MAY OFFER ASSIST-
ANCE TO THE COMMISSION IN CARRYING OUT THE PROVISIONS OF THIS ARTICLE.
§ 41.07 COMMISSION PURPOSE. THE PURPOSE OF THE COMMISSION IS TO UNDER-
TAKE ALL NECESSARY ACTIONS TO FACILITATE THE CREATION OF THE SCAJAQUADA
HERITAGE AREA IN BUFFALO, COMPLETE A MANAGEMENT PLAN TO ENSURE THE LONG-
TERM PRESERVATION AND MAINTENANCE OF SUCH HERITAGE AREA, AND PROVIDE FOR
THE IMPLEMENTATION AND SUSTAINABILITY OF UNDERTAKING RECOMMENDATIONS OF
THE COMPLETED MANAGEMENT PLAN.
§ 41.09 MANAGEMENT PLAN. 1. NOTWITHSTANDING THE PROVISIONS OF SECTION
35.05 OF THIS TITLE, THE MANAGEMENT PLAN SHALL:
(A) DESIGNATE THE SPECIFIC BOUNDARIES OF THE SCAJAQUADA HERITAGE AREA
AS DEPICTED ON A MAP ACCOMPANYING THE MANAGEMENT PLAN;
(B) DEVELOP A VISION, GOALS, AND OBJECTIVES FOR THE HERITAGE AREA THAT
FOCUS ON ENSURING EDUCATIONAL BENEFITS TO THE PUBLIC AND PROHIBITING
INCOMPATIBLE USES WITHIN THE HERITAGE AREA;
(C) CREATE AN INVENTORY OF PRIVATELY OWNED EXISTING LAND AND BUILD-
INGS;
(D) IDENTIFY OTHER LAND AND BUILDINGS THAT CAN CONTRIBUTE TO THE
PURPOSES OF THE HERITAGE AREA;
(E) RECOMMEND MEANS OF LINKING THE HERITAGE AREA TO OTHER HISTORIC
AMENITIES AND COMMERCIAL ASSETS AND DESCRIBE THE TECHNIQUES OR MEANS OF
PRESERVATION AND PROTECTION OF HISTORIC AND CULTURAL RESOURCES WITHIN
THE HERITAGE AREA;
(F) EVALUATE THE WAYS IN WHICH ECONOMIC DEVELOPMENT ACTIVITIES IN
PROXIMITY TO THE HERITAGE AREA CAN SUPPORT, COMPLEMENT, AND SUSTAIN THE
DEVELOPMENT OF THE HERITAGE AREA;
(G) DESCRIBE THE ORGANIZATIONAL STRUCTURE TO BE UTILIZED FOR LONG
RANGE PLANNING, DEVELOPMENT, AND MANAGEMENT OF THE HERITAGE AREA FOR A
MINIMUM OF TEN YEARS, INCLUDING THE RESPONSIBILITIES AND INTERRELATION-
S. 6903 4
SHIPS 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;
(H) INCLUDE A PLAN FOR THE DEVELOPMENT OF THE HERITAGE AREA AS AN
ACADEMIC DESTINATION THAT CAN PROVIDE OPPORTUNITIES FOR EDUCATIONAL
PROGRAMS, INCLUDING ADVANCED SCHOLARLY RESEARCH FOR STUDENTS OF ALL
EDUCATIONAL BACKGROUNDS. SUCH PLAN MAY INCLUDE, BUT IS NOT LIMITED TO,
ACADEMIC SYMPOSIA, LECTURES, ARCHIVE COLLECTIONS, LIBRARY COLLECTIONS,
AND A MUSEUM;
(I) INCLUDE AN ECONOMIC ASSESSMENT OF THE LONG- AND SHORT-TERM COSTS
AND BENEFITS RELATED TO THE ESTABLISHMENT, OPERATION, AND MAINTENANCE OF
THE HERITAGE AREA, INCLUDING A COMPREHENSIVE ESTIMATE OF THE COSTS OF
IMPLEMENTING THE MANAGEMENT PLAN IDENTIFIED BY SOURCE OF FUNDING AND
SPECIFICALLY DELINEATING EXPECTED STATE, LOCAL, FEDERAL, AND PRIVATE
CONTRIBUTION;
(J) INCLUDE A MARKETING PLAN, WHICH SHALL INCLUDE MEASURES TO TARGET
NICHE MARKET TRAVELERS AND SCHOLARS. SUCH PLAN SHALL INCLUDE SUPPORTING
EVIDENCE FOR TARGETING SUCH TRAVELERS AND SHALL CONSIDER OUT-OF-STATE
MARKETING AS ALLOWABLE IN BUDGETING; AND
(K) MAKE RECOMMENDATIONS FOR THE ONGOING OPERATION AND MAINTENANCE OF
THE SCAJAQUADA HERITAGE AREA.
2. THE DRAFT MANAGEMENT PLAN SHALL BE SUBMITTED TO THE COMMISSIONER
FOR APPROVAL WITHIN FOUR YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE.
PRIOR TO SUBMITTING THE PLAN TO THE COMMISSIONER, THE LEGISLATIVE REPRE-
SENTATIVE BODY OF THE CITY OF BUFFALO SHALL APPROVE THE PLAN. THE LEGIS-
LATIVE BODY OF THE CITY OF BUFFALO, AT ITS DISCRETION AND IN THE INTER-
EST OF EXPEDITING THE LOCAL APPROVAL PROCESS, SHALL HOLD TWO PUBLIC
MEETINGS AT ANY TIME DURING THE LOCAL APPROVAL PROCESS. THE COMMISSIONER
MAY APPROVE THE PLAN, MAY RETURN THE PLAN TO THE COMMISSION WITH RECOM-
MENDATIONS FOR APPROVAL, OR MAY REJECT THE PLAN. A COPY OF THE APPROVED
PLAN SHALL BE PROVIDED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY.
3. 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 SUFFICIENT TO FULFILL THE PURPOSE OF THE MANAGEMENT PLAN.
4. APPROVAL OF THE MANAGEMENT PLAN BY THE COMMISSIONER SHALL ESTABLISH
ELIGIBILITY FOR THE RECEIPT OF ACQUISITION, DEVELOPMENT, AND PROGRAMMING
ASSISTANCE FROM THE STATE HERITAGE AREA PROGRAM WITHIN THE DEFINED
HERITAGE AREA BOUNDARIES. NOTHING IN THIS ARTICLE SHALL PROHIBIT THE
COMMISSION FROM APPLYING FOR OTHER GRANT PROGRAMS OR SOURCES OF FUNDING.
§ 41.11 POWERS AND DUTIES OF THE COMMISSION. THE COMMISSION SHALL HAVE
THE FOLLOWING POWERS AND DUTIES:
1. TO HAVE A SEAL AND ALTER THE SAME AT ITS PLEASURE;
2. TO ACQUIRE, HOLD, AND DISPOSE OF PERSONAL PROPERTY FOR ITS CORPO-
RATE PURPOSES;
3. TO MAKE BY-LAWS FOR THE MANAGEMENT AND REGULATION OF ITS AFFAIRS;
4. TO APPOINT AN EXECUTIVE OFFICER, OFFICERS, AGENTS, AND EMPLOYEES,
TO PRESCRIBE THEIR QUALIFICATIONS AND TO FIX THEIR COMPENSATION AND TO
PAY THE SAME OUT OF FUNDS OF THE COMMISSION;
5. TO ENTER INTO CONTRACTS AND LEASES, AND TO EXECUTE ALL INSTRUMENTS
NECESSARY AND CONVENIENT WITH ANY PERSON, FIRM, PARTNERSHIP OR CORPO-
RATION, EITHER PUBLIC OR PRIVATE, OR THE STATE;
6. TO ACCEPT GIFTS, GRANTS, LOANS, OR CONTRIBUTIONS FROM, AND ENTER
INTO CONTRACTS OR OTHER TRANSACTIONS WITH, THE UNITED STATES AND THE
STATE OR ANY COMMISSION OF EITHER OF THEM, ANY MUNICIPALITY, ANY PUBLIC
S. 6903 5
OR PRIVATE CORPORATION, INDIVIDUAL OR OTHER LEGAL ENTITY, AND TO USE ANY
SUCH GIFT, GRANTS, LOANS, OR CONTRIBUTIONS TO ADVANCE ANY OF ITS
PURPOSES;
7. TO DESIGNATE THE DEPOSITORIES OF ITS MONEY;
8. TO ESTABLISH AND RE-ESTABLISH ITS FISCAL YEAR;
9. TO PREPARE AN ANNUAL REPORT ON THE CONDUCT OF ITS ACTIVITIES WHICH
SHALL INCLUDE A FINANCIAL STATEMENT FOR THAT YEAR AND A WORK PLAN FOR
THE NEXT YEAR, WHICH MAY INCLUDE AN ESTIMATE OF THE RESOURCES REQUIRED
TO COMPLETE THE COMMISSION'S ACTIVITIES TO BE SENT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY;
10. TO CONTRACT WITH THE STATE AS A NOT-FOR-PROFIT CORPORATION;
11. TO ORGANIZE AND MEET WITH A COMMITTEE OF PLANNERS FOR MUNICI-
PALITIES IN OR ADJACENT TO THE HERITAGE AREA REGARDING REGIONAL PROJECTS
AND THE PROVISION OF PLANNING SERVICES;
12. TO CREATE ADVISORY COMMITTEES TO ADVISE ON MATTERS OF INTEREST,
PROVIDED, HOWEVER, THERE SHALL BE CREATED, AT A MINIMUM, A CITIZENS'
ADVISORY COMMITTEE CONSISTING OF REPRESENTATIVES OF LOCAL CIVIC, COMMER-
CIAL, EDUCATIONAL, HISTORIC, AND CULTURAL ORGANIZATIONS; AND
13. TO DO ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT ITS PURPOSES
AND EXERCISE THE POWERS EXPRESSLY GIVEN IN THIS ARTICLE; PROVIDED,
HOWEVER, THAT NO POWER IS PROVIDED TO THE COMMISSION TO OPERATE ANY
PORTION OF THE HERITAGE AREA, TO IMPOSE OPERATING STANDARDS UPON ANY
PORTION OF THE HERITAGE AREA, OR TO TAKE PROPERTY BY EMINENT DOMAIN.
§ 41.13 COOPERATION WITH THE CITY OF BUFFALO, STATE AGENCIES AND
PUBLIC CORPORATIONS. 1. THE CITY OF BUFFALO, ANY STATE AGENCY, OR ANY
PUBLIC CORPORATION MAY PROVIDE THE COMMISSION WITH THE SERVICES OF ITS
AGENTS, EMPLOYEES, AND FACILITIES WITHOUT CHARGE TO THE COMMISSION.
PERSONS SERVING AS OFFICERS OR EMPLOYEES OF THE COMMISSION MAY BE
EMPLOYEES OF THE CITY OF BUFFALO AND THE COMMISSION, AND THE COMMISSION
MAY PAY THE CITY OF BUFFALO AN AGREED PORTION OF THE COMPENSATION OR
COSTS OF SUCH OFFICERS OR EMPLOYEES.
2. NOTHING CONTAINED IN THIS ARTICLE SHALL BE DEEMED TO AFFECT,
IMPAIR, OR SUPERSEDE THE PROVISIONS OF ANY CITY CHARTER, LOCAL LAW,
RULE, OR OTHER LOCAL REQUIREMENT OR PROCEDURE HERETOFORE OR HEREAFTER
ADOPTED, INCLUDING BUT NOT LIMITED TO, ANY SUCH PROVISIONS RELATING TO
THE ZONING AND USE OF LAND.
§ 41.15 APPROPRIATIONS BY THE CITY OF BUFFALO. TO EFFECTUATE THE
PURPOSES OF THIS ARTICLE, THE CITY OF BUFFALO MAY APPROPRIATE AND TRANS-
FER TO THE COMMISSION MONEYS TO BE EXPENDED BY THE COMMISSION TO CARRY
OUT ITS FUNCTIONS PURSUANT TO THIS ARTICLE.
§ 41.17 STATE ACTIONS. EACH STATE AGENCY SHALL REVIEW ITS ACTIONS
WITHIN THE HERITAGE AREA IN RELATION TO THE CONSISTENCY OF SUCH ACTIONS
WITH THE APPROVED PLAN.
§ 41.19 STATE PURPOSE. THE DEVELOPMENT AND IMPLEMENTATION OF A SCAJA-
QUADA HERITAGE AREA PLAN IS CONSIDERED A STATE PURPOSE. NOTWITHSTANDING
ANY LAW TO THE CONTRARY, ANY STATE AGENCY OR PUBLIC CORPORATION WITHIN
AMOUNTS APPROPRIATED OR AVAILABLE THEREFORE MAY OFFER ASSISTANCE TO THE
COMMISSION IN SUPPORT OF ITS CORPORATE PURPOSE THROUGH THE LENDING OF
STAFF OR OTHER RESOURCES TO ACCOMPLISH THE PURPOSES OF THIS ARTICLE.
§ 3. This act shall take effect immediately; provided, however, that
section two of this act shall expire and be deemed repealed five years
after it shall have become law.
