S T A T E O F N E W Y O R K
________________________________________________________________________
8123
2019-2020 Regular Sessions
I N A S S E M B L Y
June 3, 2019
___________
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 and economic opportunity for the park's
residents and communities. For over forty years, the plan has sought to
insure optimum overall conservation, protection, preservation, develop-
ment and use of the unique scenic, aesthetic, wildlife, recreational,
open space, historic, ecological and natural resources of this cherished
area and the essential interdependence of economic and community needs
through balanced apportionment of land use within the park.
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 agricultural and forestry work-
ing landscapes.
Conservation development is an approach to the design, construction
and stewardship of development that achieves functional protection of
natural resources, while providing social and economic benefits to human
communities. It requires a process that ensures thorough analysis of
ecological systems and environmental conditions before the developer
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13035-02-9
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actually designs the project. This saves the preparation of detailed
subdivision plans, the most expensive part of design, to the end of the
planning process. The process provides for smaller initial costs and
allows for agency and public input before design funds are exhausted and
ensures that the developer is not committed to a design that is not
supported by ecological and environmental conditions.
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. It is acknowledged that
each property is unique and that subdivision should be pursued in
accordance with ecologically-sound principles including appropriate
dedication and preservation of substantial open space areas in further-
ance of environmental protection goals and working landscapes.
§ 2. Section 802 of the executive law is amended by adding six new
subdivisions 17-b, 18-a, 18-b, 18-c, 43-a and 52-a to read as follows:
17-B. "CONSERVATION SUBDIVISION" MEANS THE DIVISION OF ANY TRACT OF
LAND INTO A RESIDENTIAL SUBDIVISION OF TWENTY-FIVE OR MORE LOTS, PARCELS
OR SITES IN LOW INTENSITY 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. A SUBDIVISION INVOLVING SOLELY LAWFULLY EXISTING PRIN-
CIPAL BUILDINGS AND ASSOCIATED INFRASTRUCTURE SHALL NOT BE DEEMED A
CONSERVATION SUBDIVISION.
18-A. "DEVELOPMENT ENVELOPE" MEANS THE AREA OF LAND WITHIN A LOT,
PARCEL OR SITE WITHIN WHICH ALL PRINCIPAL BUILDINGS, GUEST COTTAGES,
ROADS, DRIVEWAYS, AND OTHER STRUCTURES AND INFRASTRUCTURE MUST BE
LOCATED.
18-B. "ECOLOGICAL IMPACT ZONE" MEANS THAT AREA OF A PROJECT SITE
EXTENDING SIX HUNDRED SIXTY FEET BEYOND THE DEVELOPMENT ENVELOPE FOR
EACH DEVELOPMENT SITE AND ANY CONTIGUOUS DEVELOPED SITES.
18-C. "ECOLOGICAL SITE ANALYSIS" MEANS AN ANALYSIS OF A PROJECT SITE
THAT IDENTIFIES IMPORTANT ECOLOGICAL SYSTEMS, NATURAL RESOURCES AND
HABITAT ON AND ADJACENT TO THE PROJECT SITE AND IDENTIFIES AREAS DESERV-
ING PROTECTION AND POTENTIAL DEVELOPMENT AREAS FOR HOUSE LOTS, ROADS AND
ASSOCIATED INFRASTRUCTURE.
43-A. "OPEN SPACE MANAGEMENT AND STEWARDSHIP PLAN" MEANS A PLAN FOR
THE OWNERSHIP, CONFIGURATION, PERMANENT LEGAL PROTECTION, FORESTRY,
AGRICULTURE AND RECREATIONAL OPEN SPACE USES, AND MANAGEMENT OF OPEN
SPACES.
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.
§ 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.
§ 4. 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
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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 and related development and uses [should]
SHALL occur [on large lots or] in relatively small clusters on carefully
selected and well designed sites. This will provide for further diversi-
ty in residential and related development opportunities in the park.
§ 5. 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] RESI-
DENTIAL development [on substantial acreages or] AND RELATED DEVELOPMENT
AND USES SHALL OCCUR in RELATIVELY small clusters on carefully selected
and well designed sites.
§ 6. Section 809 of the executive law is amended by adding a new
subdivision 11-a to read as follows:
11-A. ALL CONSERVATION SUBDIVISIONS SHALL BE REVIEWED PURSUANT TO THIS
SUBDIVISION. A. (1) THE APPLICANT SHALL SUBMIT TO THE AGENCY:
(I) AN INITIAL ECOLOGICAL SITE ANALYSIS REVIEWING THE NATURAL
RESOURCES OF THE PROJECT SITE AND ADJACENT LANDS, UTILIZING CURRENT
LOCAL AND REGIONAL DATA AND RESEARCH CONCLUSIONS, INCLUDING IDENTIFICA-
TION AND MAPPING OF IMPORTANT ECOLOGICAL AREAS;
(II) PRELIMINARY ON-SITE ANALYSIS TO IDENTIFY IMPORTANT ECOLOGICAL
AREAS AND OTHER SITE FEATURES RELEVANT TO THE DEVELOPMENT CONSIDER-
ATIONS; AND
(III) A CONCEPT PLAN FOR THE PROJECT, BASED ON THE DATA SPECIFIED IN
CLAUSES (I) AND (II) OF THIS SUBPARAGRAPH THAT MINIMIZES THE AREA OF THE
PROJECT SUBJECT TO ECOLOGICAL DISTURBANCE, PROTECTS IMPORTANT ECOLOGICAL
AREAS, PROMOTES CLUSTERING SUCH THAT ECOLOGICAL IMPACT ZONES ARE OVER-
LAPPED AS MUCH AS POSSIBLE, TAKES INTO ACCOUNT EXISTING OPEN SPACE AND
ECOLOGICAL IMPACT ZONES ON ADJACENT PROPERTIES AND IDENTIFIES AREAS FOR
DEVELOPMENT THAT HAVE APPROPRIATE SOILS AND SLOPES.
(2) THE AGENCY SHALL UNDERTAKE AN INITIAL SITE VISIT TO ACCESS NATURAL
RESOURCES AND SITE FEATURES.
(3) THE AGENCY SHALL PROVIDE FOR A PUBLIC COMMENT PERIOD AND HOLD A
PUBLIC MEETING ON PUBLIC NOTICE, REGARDING THE INITIAL DATA AND CONCEPT
PLAN.
(4) THE AGENCY SHALL SPECIFY TO THE APPLICANT ANY ADDITIONAL STUDY OF
THE PROJECT SITE NECESSARY TO COMPLETE A FINAL ECOLOGICAL SITE ANALYSIS
AND SPECIFY ANY OTHER INFORMATION REQUIREMENTS RELEVANT TO THE DEVELOP-
MENT CONSIDERATIONS. THE ECOLOGICAL SITE ANALYSIS, AS DETAILED IN PARA-
GRAPH B OF THIS SUBDIVISION, SHALL BE SUBMITTED TO THE AGENCY FOR
APPROVAL.
(5) THE APPLICANT SHALL THEREAFTER PREPARE THE SUBDIVISION PLAN, WHICH
ALL INCLUDE PARCEL BOUNDARIES AND DEVELOPMENT ENVELOPES, LOCATION OF
OPEN SPACE AND THE DRAFT OPEN SPACE MANAGEMENT AND STEWARDSHIP PLAN. ALL
PLANS SHALL BE BASED UPON THE APPROVED ECOLOGICAL SITE ANALYSIS AND
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OTHER SITE RESOURCES RELEVANT TO THE DEVELOPMENT CONSIDERATIONS. UPON
SUBMISSION OF THESE PLANS, AS ACCEPTED BY THE AGENCY, THE APPLICATION
REVIEW PROCESS GOVERNED BY SUBDIVISIONS TWO, THREE, FOUR, FIVE AND SIX
OF THIS SECTION SHALL COMMENCE. THE AGENCY MAY REQUEST ADDITIONAL INFOR-
MATION REGARDING THE PROPOSED SUBDIVISION PLAN AND THE OPEN SPACE
MANAGEMENT AND STEWARDSHIP PLAN AND MAY REQUIRE REVISIONS TO THE PLANS
BEFORE DEEMING THE APPLICATION COMPLETE.
(6) NO CONSERVATION SUBDIVISION SHALL BE APPROVED UNLESS (I) THE FIND-
INGS REQUIRED BY SUBDIVISION TEN OF THIS SECTION ARE MADE, AND (II)
OWNERSHIP, CONFIGURATION, PROTECTION, COMPATIBLE USES AND MANAGEMENT OF
THE DESIGNATED OPEN SPACE IS BASED ON THE ECOLOGICAL SITE ANALYSIS, AND
IS INCLUDED IN THE OPEN SPACE MANAGEMENT AND STEWARDSHIP PLAN AND INCOR-
PORATED IN PERMIT CONDITIONS.
(7) THE AGENCY MAY PROVIDE BY REGULATION FOR A VARIANCE FROM SPECIFIC
CONSERVATION DEVELOPMENT REQUIREMENTS IF, IN EACH CASE, IT DETERMINES
THAT SUCH REQUIREMENTS WOULD CAUSE AN UNDUE ECONOMIC HARDSHIP AND ARE
NOT REQUIRED TO PROTECT THE ECOLOGICAL RESOURCES OF THE PROJECT SITE.
(8) THE AGENCY SHALL HAVE A STANDING TO ENFORCE BY APPROPRIATE CIVIL
ACTION ANY PERMIT CONDITION, DEED RESTRICTION, COVENANT, EASEMENT OR
OTHER PERMANENT MEANS OF PROTECTING OPEN SPACE.
B. THE ECOLOGICAL SITE ANALYSIS SHALL ADDRESS THE FOLLOWING CONSIDER-
ATIONS:
(1) IDENTIFICATION OF IMPORTANT ECOLOGICAL AND SENSITIVE AREAS OF THE
PROJECT SITE INCLUDING, BUT NOT LIMITED TO, HABITAT, WETLANDS, FLOOD-
PLAINS, NATURAL DRAINAGE WAYS, SNAGS AND FALLEN WOODY DEBRIS AND STEEP
SLOPE AREAS;
(2) THE TERRESTRIAL AND AQUATIC WILDLIFE INHABITING, BREEDING ON,
MIGRATING ACROSS, TRAVERSING OR OTHERWISE USING THE PROJECT SITE;
(3) 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;
(4) VEGETATIVE BUFFERS ON THE SHORELINES OF LAKES, PONDS, RIVERS AND
STREAMS AND PROTECTION AND PRESERVATION OF VERNAL POOLS AND RIPARIAN
AREAS;
(5) LARGE INTACT FOREST TRACTS FOR PROTECTION OF WILDLIFE HABITAT AND
BIODIVERSITY, ESPECIALLY FOR PROTECTION OF SPECIES NATIVE TO OR OTHER-
WISE REQUIRING SUCH TRACTS; FOR WATERSHED PRESERVATION AND FOR MITI-
GATION OF CLIMATE CHANGE, WHILE ALLOWING FORESTRY, AGRICULTURE AND
RECREATION USES;
(6) MINIMIZING THE CREATION OF MAN-MADE AND HARDENED EDGES BETWEEN
FORESTED TRACTS, ROADS AND OTHER OPEN AREAS AND THE LENGTH OF ROADS AND
DRIVEWAYS;
(7) THE SIZE, CONFIGURATION AND PROPOSED USES OF THE PROJECT SITE TO
BE PRESERVED BY PERMANENT LEGAL MEANS, INCLUDING CONSERVATION OPEN SPACE
RECREATION, FORESTRY AND AGRICULTURE USES.
C. DESIGNATED OPEN SPACE SHALL BE, TO THE GREATEST EXTENT POSSIBLE:
(1) LOCATED OUTSIDE THE BOUNDARIES OF ALL LOTS, PARCELS OR SITES FOR
THE DEVELOPMENT AND DESIGNED TO PROTECT THE ECOLOGICAL AND OPEN SPACE OF
THE PARK; AND
(2) CONFIGURED APPLYING THESE DESIGN FACTORS:
(I) INCLUDE THE IMPORTANT ECOLOGICAL AREAS OF THE PROPERTY, BASED ON
THE APPROVED ECOLOGICAL SITE ANALYSIS;
(II) PROVIDE CONNECTIVITY TO ANY NEIGHBORING AREAS OF OPEN SPACE,
OTHER PROTECTED AREAS, WORKING FORESTS AND AGRICULTURE;
(III) NOT BE DIVIDED BY SUBDIVISION ROADS, DRIVEWAYS OR OTHER PERMA-
NENT MAN-MADE FRAGMENTING FEATURES;
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(IV) CREATE ONE LARGE, CONTIGUOUS AREA RATHER THAN MANY SMALL AREAS.
IF LARGE AREAS ARE NOT FEASIBLE, THAN A FEW SMALLER, IMPORTANT ECOLOGI-
CAL AREAS OF THE SITE MAY BE PROTECTED IF CONNECTED BY CORRIDORS
COMPRISED OF NATURAL LANDCOVER WITH WIDTHS OF NO LESS THAN THREE HUNDRED
THIRTY FEET; AND
(V) MINIMIZE EDGE-TO-EDGE RATIO OF THE OPEN SPACE AND MAKE IT AS
UNIFORM AS POSSIBLE.
D. (1) THE MINIMUM OPEN SPACE REQUIRED IN A CONSERVATION SUBDIVISION
IS:
(I) IN LOW INTENSITY USE AREAS, FORTY PERCENT OF THE PROJECT SITE. IF
THE OPEN SPACE DESIGN REACHES SIXTY PERCENT, THERE MAY BE ALLOWED A TEN
PERCENT DENSITY BONUS. IF IT REACHES SEVENTY PERCENT, THERE MAY BE
ALLOWED A TWENTY PERCENT DENSITY BONUS.
(II) IN RURAL USE AREAS, FIFTY-FIVE PERCENT OF THE PROJECT SITE. IF
THE OPEN SPACE DESIGN REACHES SEVENTY PERCENT, THERE MAY BE ALLOWED A
TEN PERCENT DENSITY BONUS. IF IT REACHES EIGHTY PERCENT, THERE MAY BE
ALLOWED A TWENTY PERCENT DENSITY BONUS.
(III) IN RESOURCE MANAGEMENT AREAS, SEVENTY-FIVE PERCENT OF THE
PROJECT SITE. IF THE OPEN SPACE DESIGN REACHES EIGHTY-FIVE PERCENT,
THERE MAY BE ALLOWED A TEN PERCENT DENSITY BONUS. IF IT REACHES NINETY
PERCENT, THERE MAY BE ALLOWED A TWENTY PERCENT DENSITY BONUS.
(2) UTILIZATION OF THE CALCULATED DENSITY BONUS IS NOT GUARANTEED AND
IS SUBJECT TO AGENCY REVIEW. THE ADDITIONAL PRINCIPAL BUILDINGS MAY BE
SITUATED ON THE SITE, OR WITHIN THE SAME DIRECTLY CONTIGUOUS LAND USE
AREA, PURSUANT TO PARAGRAPH C OF SUBDIVISION TEN OF THIS SECTION. THE
ADDITIONAL PRINCIPAL BUILDINGS MAY BE ALLOWED FOR USE IN THE SAME, BUT
NON-CONTIGUOUS LAND USE AREA, IF WITHIN THE SAME TOWN. THIS DENSITY
BONUS CANNOT BE UTILIZED IN ANY MANNER EXCEPT BY AGENCY PERMIT AND ONLY
IF ALL THE REQUIRED FINDINGS OF SUBDIVISION TEN OF THIS SECTION ARE MADE
FOR THE PLACEMENT OF THE BUILDINGS AND OTHER INFRASTRUCTURE.
§ 7. Section 809 of the executive law is amended by adding three new
subdivisions 16, 17 and 18 to read as follows:
16. NOTHING IN THIS SECTION SHALL BE DEEMED TO PREVENT THE AGENCY FROM
REQUIRING ANY JURISDICTIONAL PROJECT PURSUANT TO SECTION EIGHT HUNDRED
TEN OF THIS ARTICLE TO BE DESIGNED IN ACCORDANCE WITH AN ECOLOGICAL SITE
ANALYSIS AND DEVELOPED PURSUANT TO AN ECOLOGICAL PRESERVATION AND
STEWARDSHIP PLAN AND TO PROVIDE FOR THE PRESERVATION OF A PORTION OF THE
PROJECT SITE IN OPEN SPACE BY DEED RESTRICTION, EASEMENT OR OTHER LEGAL
MEANS.
17. IN DETERMINING WHETHER A CONSERVATION SUBDIVISION PERMIT IS
REQUIRED PURSUANT TO THIS ARTICLE, THE AGENCY SHALL CONSIDER ANY LOTS
LAWFULLY CREATED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION. NOTH-
ING IN THIS SUBDIVISION SHALL AFFECT THE ABILITY OF THE AGENCY, BY
PERMIT OR BY ANY EXTENSION THEREOF, TO DETERMINE A PERIOD OF TIME BY
WHICH A PERMITTED SUBDIVISION SHALL BE DEEMED "IN EXISTENCE" AS DEFINED
IN SUBDIVISION TWENTY-FIVE OF SECTION EIGHT HUNDRED TWO OF THIS ARTICLE.
18. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE THE 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,
UNLESS THE APPLICANT SO PROPOSES AND THE OTHER LEGAL ENTITY AGREES.
§ 8. 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] TEN or more residential lots, parcels or sites or residen-
tial units, whether designed for permanent, seasonal or transient use.
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§ 9. 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.
§ 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] FIVE or more but less than [thirty-five] TEN
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.
§ 11. 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.
§ 12. This act shall take effect on the one hundred eightieth day
after it shall have become a law.