N.Y. Parks, Recreation and Historic Preservation Law 39.07 – Commission purpose
§ 39.07 Commission purpose. The purpose of the commission is to undertake all necessary actions to facilitate the creation of a Niagara river greenway. The commission shall develop a plan and generic environmental impact statement for the creation of the greenway designed to enhance waterfront access, complement economic revitalization of the communities along the river, and ensure the long-term maintenance of the greenway. The plan shall:
Terms Used In N.Y. Parks, Recreation and Historic Preservation Law 39.07
- commission: shall mean the Niagara river greenway commission created pursuant to this article. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
- greenway: shall mean a linear system of state and local parks and conservation areas linked by a network of multi use trails within the greenway area established by an approved plan of the commission as provided for in this article. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- plan: shall mean a document prepared in conformance with the provisions of section 35. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
- Venue: The geographical location in which a case is tried.
1. Recommend the specific boundaries of the greenway within Erie and Niagara counties;
2. Develop a specific vision for the greenway that focuses on linking parks and conservation areas, creating a multi-use venue for the people of the region, and enhancing the tourism potential of the region;
3. Include an inventory of existing park and other lands under the jurisdiction of state agencies, public corporations and municipalities which may contribute to the purposes of a greenway;
4. Identify such other lands that through acquisition, dedication or redevelopment may contribute to the purposes of a greenway;
5. Identify existing plans and plans under development that can contribute to the purposes of the greenway;
6. Conduct economic analyses of the costs to construct, maintain and market the greenway as part of a strategy for implementation;
7. Consider how the region's industrial heritage can be celebrated and reflected along the greenway;
8. Recommend how the greenway could be linked to upland and interior communities in order to promote linkages to the river;
9. Consider how existing and proposed economic development activities in proximity to the greenway can support and complement the greenway;
10. Recommend cooperative efforts with the province of Ontario and the nation of Canada in furtherance of the objectives of this article;
11. Identify local, state, federal and private sources of funding that could support the purposes of the greenway;
12. Evaluate local, state and federal laws and regulations relating to the purposes of the greenway;
13. Identify ways for the commission to work cooperatively with municipal, state and federal agencies, public and private corporations, not-for-profit organizations, and private property owners and interests to advance and complement the purposes of the greenway;
14. Recommend how portions of the greenway would be managed including a plan for on-going operation and maintenance that would make the greenway self-supporting; and
15. Include any other information, data and recommendations which the commission determines is necessary to support the purposes of the plan.
Such draft plan shall be submitted to the commissioner of parks, recreation and historic preservation within two years of the effective date of this article. The commissioner may approve the plan, may return the plan to the commission with recommendations for approval, or may reject such plan. Prior to submission of the draft plan to the commissioner, the commission shall hold at least one public hearing on the draft plan in each county for which the plan is applicable. The local legislative body of each city, town or village within the boundaries designated by the draft plan must approve the plan following the public hearing or hearings and before it is submitted to the commissioner. A copy of the approved plan shall be provided to the governor, the temporary president of the senate and the speaker of the assembly.