43.09 - Management plan.

* §  43.09  Management  plan.  1.  Notwithstanding  the  provisions of  section 35.05 of this title, the management plan shall:    (a) Designate the specific boundaries of the Niagara Falls underground  railroad heritage area as depicted on a map accompanying the  management  plan;    (b)  Develop a vision, goals and objectives for the heritage area that  focuses  on  ensuring  the  educational  benefit  to  the   public   and  prohibiting incompatible uses within such area;    (c)  Create  an  inventory  of  existing  land and buildings under the  jurisdiction of the state, public corporations and municipalities;    (d)  Create  an  inventory  of  privately  owned  existing  land   and  buildings;    (e)  Identify  other  land  and  buildings  that can contribute to the  purposes of the heritage area;    (f) Recommend how the heritage area could be linked to other  historic  amenities  and  commercial  assets throughout Niagara Falls and describe  the techniques or means of preservation and protection of  historic  and  cultural resources within the heritage area;    (g)  Evaluate  how economic development activities in proximity to the  heritage area can support, complement and sustain the development of the  heritage area;    (h) Describe the organization 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  interrelationships  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;    (i)  Include  a  plan  for  the development of the area as an academic  destination, which can provide opportunities for  educational  programs,  including  advanced  scholarly  research for students of all educational  backgrounds. Such plan may include, but  not  be  limited  to,  academic  symposia,  lectures,  archive  collections,  library  collections  and a  museum;    (j) Include a marketing plan, which includes measures to target  niche  market  travelers  and  scholars.  Such  plan  must  include  supporting  evidence for targeting and should  consider  out-of-state  marketing  as  allowed for in budgeting;    (k) Make recommendations for the on-going operation and maintenance of  the Niagara Falls underground railroad heritage area; and    (l)  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  contributions.    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  representative  body of the city of Niagara Falls must approve the plan.  The legislative body of the city of Niagara Falls, at its discretion and  in the interest 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 recommendations 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  providedthat  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 corridor boundaries. Nothing in this article shall prohibit the  commission  from  making application for other grant programs or sources  of funding.    * NB Repealed April 30, 2013