Bill Text: NY A04608 | 2023-2024 | General Assembly | Introduced


Bill Title: Preserves 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - referred to environmental conservation [A04608 Detail]

Download: New_York-2023-A04608-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4608

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 17, 2023
                                       ___________

        Introduced  by M. of A. GLICK -- 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 and economic opportunity for the  park's
     5  residents  and communities. For over forty years, the plan has sought to
     6  insure optimum overall conservation, protection, preservation,  develop-
     7  ment  and  use  of the unique scenic, aesthetic, wildlife, recreational,
     8  open space, historic, ecological and natural resources of this cherished
     9  area and the essential interdependence of economic and  community  needs
    10  through balanced apportionment of land use within the park.
    11    Conservation  science  and  land use planning techniques have advanced
    12  since the enactment of the plan.  It is now recognized that the  spatial
    13  pattern  of development is fully, if not more, as ecologically important
    14  as its overall density.
    15    Subdivision of land into large  residential  lots,  or  rural  sprawl,
    16  impairs  ecosystem  function, decreases biotic integrity, alters species
    17  behavior and composition, increases human-wildlife conflicts,  fragments
    18  ownership,  impairs  cohesive land management, undermines the open space
    19  character of the park, and threatens its agricultural and forestry work-
    20  ing landscapes.
    21    Conservation development is an approach to  the  design,  construction
    22  and  stewardship  of  development that achieves functional protection of
    23  natural resources, while providing social and economic benefits to human
    24  communities. It requires a process that  ensures  thorough  analysis  of
    25  ecological  systems  and  environmental  conditions before the developer

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07573-01-3

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     1  actually designs the project. This saves  the  preparation  of  detailed
     2  subdivision  plans, the most expensive part of design, to the end of the
     3  planning process. The process provides for  smaller  initial  costs  and
     4  allows for agency and public input before design funds are exhausted and
     5  ensures  that  the  developer  is  not committed to a design that is not
     6  supported by ecological and environmental conditions.
     7    The purpose of this act is to strengthen the land use and  development
     8  plan  and its administration by incorporating modern conservation design
     9  principles therein and to curtail rural sprawl. It is acknowledged  that
    10  each  property  is  unique  and  that  subdivision  should be pursued in
    11  accordance  with  ecologically-sound  principles  including  appropriate
    12  dedication  and preservation of substantial open space areas in further-
    13  ance of environmental protection goals and working landscapes.
    14    § 2. Section 802 of the executive law is amended  by  adding  six  new
    15  subdivisions 17-b, 18-a, 18-b, 18-c, 43-a and 52-a to read as follows:
    16    17-b.  "Conservation  subdivision"  means the division of any tract of
    17  land into a residential subdivision of twenty-five or more lots, parcels
    18  or sites in low intensity use areas, ten or more lots, parcels or  sites
    19  in  rural use areas, and five or more lots, parcels or sites in resource
    20  management areas. A subdivision involving solely lawfully existing prin-
    21  cipal buildings and associated infrastructure  shall  not  be  deemed  a
    22  conservation  subdivision. A subdivision created pursuant to paragraph c
    23  of subdivision one of section eight hundred eleven of  this  article  is
    24  not a conservation subdivision.
    25    18-a.  "Development envelope" means the area of land within a residen-
    26  tial lot, parcel or site within which  all  principal  buildings,  guest
    27  cottages, roads, driveways, and other structures and infrastructure must
    28  be  located.  Roads and trails associated with forestry, agriculture and
    29  open space recreation are allowed outside of  the  development  envelope
    30  pursuant to the open space management and stewardship plan.
    31    18-b.  "Ecological  impact  zone"  means  that  area of a project site
    32  extending six hundred sixty feet beyond  the  development  envelope  for
    33  each development site and any contiguous developed sites.
    34    18-c.  "Ecological  site analysis" means an analysis of a project site
    35  that identifies important  ecological  systems,  natural  resources  and
    36  habitat on and adjacent to the project site and identifies areas deserv-
    37  ing protection and potential development areas for house lots, roads and
    38  associated infrastructure.
    39    43-a.  "Open  space  management and stewardship plan" means a plan for
    40  the ownership,  configuration,  permanent  legal  protection,  forestry,
    41  agriculture  and  recreational open space uses, and management of desig-
    42  nated open spaces.   Open space management  and  stewardship  plan  also
    43  means  a  plan  for  the ownership, configuration and management of open
    44  spaces providing permanent legal protection of open spaces while  allow-
    45  ing for forestry, agriculture and recreation open spaces.
    46    52-a.  "Project  site" means the land included in a project upon which
    47  the applicable overall intensity guideline  is  calculated  pursuant  to
    48  paragraph  c  of  subdivision  ten of section eight hundred nine of this
    49  article.
    50    § 3. Subparagraph 2 of paragraph f of subdivision 3 of section 805  of
    51  the  executive  law,  as  amended by chapter 348 of the laws of 1973, is
    52  amended to read as follows:
    53    (2) Purposes, policies and objectives. The basic purpose and objective
    54  of rural use areas is to provide for and encourage those rural land uses
    55  that are consistent and compatible with the relatively low tolerance  of
    56  the  areas'  natural  resources  and the preservation of the open spaces

        A. 4608                             3

     1  that are essential and basic to the unique character of the park. Anoth-
     2  er objective of rural use areas is to prevent  strip  development  along
     3  major  travel  corridors  in order to enhance the aesthetic and economic
     4  benefit derived from a park atmosphere along these corridors.
     5    Residential  development and related development and uses should occur
     6  [on large lots or] in relatively small clusters  on  carefully  selected
     7  and  well  designed  sites.  This  will provide for further diversity in
     8  residential and related development opportunities in the park.
     9    § 4. Subparagraph 2 of paragraph g of subdivision 3 of section 805  of
    10  the  executive  law,  as  amended by chapter 348 of the laws of 1973, is
    11  amended to read as follows:
    12    (2) Purposes, policies and objectives. The basic purposes  and  objec-
    13  tives  of resource management areas are to protect the delicate physical
    14  and biological resources, encourage proper and  economic  management  of
    15  forest,  agricultural  and  recreational resources and preserve the open
    16  spaces that are essential and basic to the unique character of the park.
    17  Another objective of these areas is to prevent strip  development  along
    18  major  travel  corridors  in order to enhance the aesthetic and economic
    19  benefits derived from a park atmosphere along these corridors.
    20    [Finally, resource management areas will allow for residential]  Resi-
    21  dential development [on substantial acreages or] and related development
    22  and uses should occur in relatively small clusters on carefully selected
    23  and well designed sites.
    24    §  5.  Section  809  of  the  executive law is amended by adding a new
    25  subdivision 11-a to read as follows:
    26    11-a. All conservation subdivisions shall be reviewed pursuant to this
    27  subdivision. a. (1) The applicant shall submit to the agency:
    28    (i)  an  initial  ecological  site  analysis  reviewing  the   natural
    29  resources  of  the  project  site  and adjacent lands, utilizing current
    30  local and regional data and research conclusions, including  identifica-
    31  tion and mapping of important ecological areas;
    32    (ii)  preliminary  on-site  analysis  to identify important ecological
    33  areas and other site features  relevant  to  the  development  consider-
    34  ations; and
    35    (iii)  a  concept plan for the project, based on the data specified in
    36  clauses (i) and (ii) of this subparagraph that minimizes the area of the
    37  project subject to ecological disturbance, protects important ecological
    38  areas, promotes clustering such that ecological impact zones  are  over-
    39  lapped  as  much as possible, takes into account existing open space and
    40  ecological impact zones on adjacent properties and identifies areas  for
    41  development that have appropriate soils and slopes.
    42    (2) The agency shall undertake an initial site visit to access natural
    43  resources and site features.
    44    (3)  The  agency  shall provide for a public comment period and hold a
    45  public meeting on public notice, regarding the initial data and  concept
    46  plan.
    47    (4)  The agency shall specify to the applicant any additional study of
    48  the project site necessary to complete a final ecological site  analysis
    49  and  specify any other information requirements relevant to the develop-
    50  ment considerations. The ecological site analysis, as detailed in  para-
    51  graph  b  of  this  subdivision,  shall  be  submitted to the agency for
    52  approval.
    53    (5) The applicant shall thereafter prepare the subdivision plan, which
    54  shall include parcel boundaries and development envelopes,  location  of
    55  open space and the draft open space management and stewardship plan. All
    56  plans  shall  be  based  upon  the approved ecological site analysis and

        A. 4608                             4

     1  other site resources relevant to the  development  considerations.  Upon
     2  submission  of  these  plans, as accepted by the agency, the application
     3  review process governed by subdivisions two, three, four, five  and  six
     4  of this section shall commence. The agency may request additional infor-
     5  mation  regarding  the  proposed  subdivision  plan  and  the open space
     6  management and stewardship plan and may require revisions to  the  plans
     7  before deeming the application complete.
     8    (6) No conservation subdivision shall be approved unless (i) the find-
     9  ings  required  by  subdivision  ten  of this section are made, and (ii)
    10  ownership, configuration, protection, compatible uses and management  of
    11  the  designated open space is based on the ecological site analysis, and
    12  is included in the open space management and stewardship plan and incor-
    13  porated in permit conditions.
    14    (7) The agency may provide by regulation for a variance from  specific
    15  conservation   development  requirements  if  it  determines  that  such
    16  requirements would cause an undue economic hardship and are not required
    17  to protect the ecological resources of the project site.
    18    (8) The agency shall have a standing to enforce by  appropriate  civil
    19  action  any  permit  condition,  deed restriction, covenant, easement or
    20  other permanent means of protecting open space.
    21    b. The ecological site analysis shall address the following  consider-
    22  ations:
    23    (1)  identification of important ecological and sensitive areas of the
    24  project site including, but not limited to,  habitat,  wetlands,  flood-
    25  plains, natural drainage ways and steep slope areas;
    26    (2)  the  terrestrial  and  aquatic  wildlife inhabiting, breeding on,
    27  migrating across, traversing or otherwise using the project site;
    28    (3) corridors, including  ridgelines  and  riparian  zones,  providing
    29  means  by  which  wildlife  may  travel  to adjacent or contiguous areas
    30  providing habitat, breeding or spawning areas or meeting other needs;
    31    (4) vegetative buffers on the shorelines of lakes, ponds,  rivers  and
    32  streams  and  protection  and  preservation of vernal pools and riparian
    33  areas;
    34    (5) large intact forest tracts for protection of wildlife habitat  and
    35  biodiversity,  especially  for protection of species native to or other-
    36  wise requiring such tracts; for watershed  preservation  and  for  miti-
    37  gation  of  climate  change,  while  allowing  forestry, agriculture and
    38  recreation uses;
    39    (6) minimizing the creation of man-made  and  hardened  edges  between
    40  forested  tracts, roads and other open areas and the length of roads and
    41  driveways;
    42    (7) the size, configuration and proposed uses of the project  site  to
    43  be  preserved  by  permanent legal means, while allowing for recreation,
    44  forestry and agriculture uses on dedicated open spaces.
    45    c. Designated open space shall be, to the greatest extent possible:
    46    (1) located outside the boundaries of all lots, parcels or  sites  for
    47  the  development  and  designed to protect the ecology and open space of
    48  the park; and
    49    (2) configured applying these design factors:
    50    (i) include the important ecological areas of the property,  based  on
    51  the approved ecological site analysis;
    52    (ii)  provide  connectivity  to  any  neighboring areas of open space,
    53  other protected areas, working forests and agriculture;
    54    (iii) not be divided by subdivision roads, driveways or  other  perma-
    55  nent man-made fragmenting features;

        A. 4608                             5

     1    (iv)  create  one large, contiguous area rather than many small areas.
     2  If large areas are not feasible, than a few smaller, important  ecologi-
     3  cal  areas  of  the  site  may  be  protected  if connected by corridors
     4  comprised of natural landcover with widths of no less than three hundred
     5  thirty feet; and
     6    (v)  minimize  edge-to-area  ratio  of  the  open space and make it as
     7  uniform as possible.
     8    d. (1) The minimum open space required in a  conservation  subdivision
     9  is:
    10    (i)  in low intensity use areas, forty percent of the project site. If
    11  the open space design reaches sixty percent, there may be allowed a  ten
    12  percent  density  bonus.  If  it  reaches  seventy percent, there may be
    13  allowed a twenty percent density bonus.
    14    (ii) in rural use areas, fifty-five percent of the  project  site.  If
    15  the  open  space  design reaches seventy percent, there may be allowed a
    16  ten percent density bonus. If it reaches eighty percent,  there  may  be
    17  allowed a twenty percent density bonus.
    18    (iii)  in  resource  management  areas,  seventy-five  percent  of the
    19  project site. If the open  space  design  reaches  eighty-five  percent,
    20  there  may  be allowed a ten percent density bonus. If it reaches ninety
    21  percent, there may be allowed a twenty percent density bonus.
    22    (2) Utilization of the calculated density bonus is not guaranteed  and
    23  is  subject  to agency review. The additional principal buildings may be
    24  situated on the project site, or within  the  same  directly  contiguous
    25  land  use  area,  pursuant  to  paragraph  c  of subdivision ten of this
    26  section. The additional principal buildings may be allowed  for  use  in
    27  the  same,  but  non-contiguous  land use area, if within the same town.
    28  This density bonus cannot be utilized in any  manner  except  by  agency
    29  permit  and only if all the required findings of subdivision ten of this
    30  section are made for the placement of the buildings  and  other  infras-
    31  tructure.
    32    §  6.  Section 809 of the executive law is amended by adding three new
    33  subdivisions 16, 17 and 18 to read as follows:
    34    16. Nothing in this section shall be deemed to prevent the agency from
    35  requiring any jurisdictional project pursuant to section  eight  hundred
    36  ten of this article to be designed in accordance with an ecological site
    37  analysis  and  developed  pursuant  to  an  ecological  preservation and
    38  stewardship plan and to provide for the preservation of a portion of the
    39  project site in open space by deed restriction, easement or other  legal
    40  means.
    41    17.  In  determining  whether  a  conservation  subdivision  permit is
    42  required pursuant to this article, the agency  shall  not  consider  any
    43  lots  lawfully  created prior to the effective date of this subdivision.
    44  Nothing in this subdivision shall affect the ability of the  agency,  by
    45  permit  or  by  any  extension thereof, to determine a period of time by
    46  which a permitted subdivision shall be deemed "in existence" as  defined
    47  in subdivision twenty-five of section eight hundred two of this article.
    48    18. Nothing in this section shall be construed to authorize the agency
    49  to  require  that any interest in land comprising part of a conservation
    50  subdivision be conveyed to a public body  or  any  other  legal  entity,
    51  unless the applicant so proposes and the other legal entity agrees.
    52    §  7. Subparagraph 3 of paragraph d of subdivision 1 of section 810 of
    53  the executive law, as added by chapter 348  of  the  laws  of  1973,  is
    54  amended to read as follows:

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     1    (3) All land uses and development and all subdivisions of land involv-
     2  ing  [twenty] ten or more residential lots, parcels or sites or residen-
     3  tial units, whether designed for permanent, seasonal or transient use.
     4    §  8. Subparagraph 3 of paragraph c of subdivision 1 of section 810 of
     5  the executive law, as added by chapter 348  of  the  laws  of  1973,  is
     6  amended to read as follows:
     7    (3) All land uses and development and all subdivisions of land involv-
     8  ing [thirty-five] twenty-five or more residential lots, parcels or sites
     9  or  residential units, whether designed for permanent, seasonal or tran-
    10  sient use.
    11    § 9. Subparagraph 1 of paragraph b and subparagraph 1 of  paragraph  c
    12  of  subdivision 2 of section 810 of the executive law, as added by chap-
    13  ter 348 of the laws of 1973, are amended to read as follows:
    14    (1) Subdivisions of land (and all land uses  and  development  related
    15  thereto)  involving [ten] five or more but less than [thirty-five] twen-
    16  ty-five lots, parcels or sites, other than subdivisions of land  involv-
    17  ing mobile homes.
    18    (1)  Subdivisions  of  land (and all land uses and development related
    19  thereto) involving five or more but less than [twenty] ten lots, parcels
    20  or sites, other than subdivisions of land involving mobile homes.
    21    § 10. Nothing in this act shall be construed to authorize the  Adiron-
    22  dack park agency to require that any interest in land comprising part of
    23  a  conservation  subdivision  be  conveyed to a public body or any other
    24  legal entity.
    25    § 11. This act shall take effect on  the  one  hundred  eightieth  day
    26  after it shall have become a law.
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