Section 35.05. Management plan

1. For each area designated in subdivision
  one of section 35.03 of this  article  the  commissioner  shall  request
  preparation  by  the  appropriate  local  governmental  or heritage area
  planning entity  of  a  comprehensive  management  plan  as  hereinafter
  provided.  The  commissioner  shall  fully cooperate and be consulted in
  preparation  of  such  plan  and  shall  ensure  that  relevant  private
  interests  are  consulted.  Such plan shall be deemed to be the plan for
  both state and local government. Each such plan shall be  completed  and
  submitted  to  the  commissioner  for his or her approval as provided in
  subdivisions three and four of section 35.03 of this article.
    2. The commissioner may require the chief executive  officer  of  each
  local  government  with  general jurisdiction over all or a portion of a
  designated area to identify a local official or local agency to  be  the
  agent  for  the  local government in coordinating the preparation of the
  management plan and to appoint a local heritage area advisory  committee
  representative   of  local  civic,  commercial,  historic  preservation,
  educational, recreational  and  conservation  interests  to  advise  the
  commissioner  and  local government during preparation of the management
  plan. At least one public hearing on a draft management  plan  shall  be
  held in each designated area.
    3.  The  local legislative body of each city, town or village within a
  designated  area  except  that  for  the  area  designated  pursuant  to
  paragraphs  (o)  and  (q)  of  subdivision  one of section 35.03 of this
  article the legislative body of each county included in whole or in part
  within the area must approve the management plan before it is  submitted
  to  the commissioner for its approval. Each such plan shall be completed
  and submitted to the required local legislative bodies for approval  and
  to the commissioner within forty-five days of the local approval.
    4.  Management  plans  shall  be the fundamental document defining the
  goals and boundaries for each state designated heritage  area,  and  the
  means  for  the  area's implementation and management. A management plan
  shall include, but need not be limited to:
    (a) The boundaries of the heritage area set forth in text and depicted
  on a map. Areas or zones within the heritage area  shall  be  identified
  for  particular  nature  and intensity of use including those zones most
  appropriately devoted to public use and development by  state  or  local
  government  and  private  use.  Boundaries  shall  be  located as deemed
  necessary or desirable for the purposes of resource  protection,  scenic
  integrity,  and  management  and  administration  in  furtherance of the
  purposes of this title and the estimated cost thereof;
    (b) An inventory and designation of the natural and cultural resources
  within the heritage area;
    (c) Statement of the goals and objectives of the heritage area;
    (d) Identification of the types of uses, both public and  private,  to
  be accommodated and their linkages to the overall statewide system;
    (e) Identification of properties, if any, to be acquired;
    (f)  Description  of  the  interpretive  and  educational exhibits and
  programs to be undertaken;
    (g) Description of  the  program  for  encouraging  and  accommodating
  visitation to the heritage area;
    (h)  An  economic  assessment  of  the  long  and short term costs and
  benefits related to the establishment, operation and maintenance of  the
  heritage   area,  including  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;
    (i) Description of the techniques or means for  the  preservation  and
  protection  of  the  natural  and cultural resources within the heritage

  area including the means  such  as  appropriate  local  legislation  for
  designation  and  protection  of historic properties or natural areas to
  assure that future local actions will be consistent with established and
  agreed upon preservation standards or criteria;
    (j)  Description  of  the  organizational structure to be utilized for
  planning, development and management of the heritage area, 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.  Such  organizational structures may include but not be limited to
  utilization of existing state and local agencies for administrative  and
  finance  purposes  through  contracts  and  letters of agreement between
  state and local agencies or, where necessary, proposed  legislation  for
  new  entities  to  administer and finance implementation of a management
  plan; and
    (k) A schedule for the planning, development  and  management  of  the
  heritage area.
    5. Each management plan must demonstrate that the capability exists at
  the local level to implement and manage the heritage area including, but
  not limited to, the ability to:
    (a) Accept and disburse funds;
    (b) Acquire, improve, and dispose of property;
    (c) Manage, operate, and maintain appropriate heritage area facilities
  identified  as  being  of  local  responsibility without state financial
  assistance; and
    (d) Promulgate and enforce land  use  and  preservation  criteria  and
  standards  as  required  to  protect  the resources within each heritage
  area.
    5-a.  The  management  plan  for  the  heritage  area  established  by
  paragraph  (s) of subdivision one of section 35.03 of this article shall
  authorize state agencies and the county of Chautauqua to collaborate and
  cooperate with governmental entities in the state of  Pennsylvania  with
  regard  to  the  stewardship and development of the grape wine and juice
  industries within such state and the heritage area established  by  such
  paragraph.    The  collaboration  and  cooperation  authorized  by  this
  submission shall include, but not be limited to, joint project  planning
  and grant funding.
    6.  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 to provide sufficient data to  fulfill  the  purpose  of  the
  management  plan,  except  that  in  no  case  shall the requirements of
  paragraph (h) of subdivision four or of subdivision five of this section
  be waived.
    7. The commissioner shall review  and  approve  acceptable  management
  plans  for  state  designated  heritage  areas,  and proposed changes or
  amendments to a previously approved management plan. Such approval shall
  be based upon the plan's consistency with the policy and goals  of  this
  title   generally   and  particularly  to  its  attainment  of  resource
  protection and the provision of educational, recreational, preservation,
  economic and cultural benefits for the public at large. The commissioner
  shall tender in writing such approval  or  a  denial  of  approval  with
  written reasons therefor within ninety days after receipt of the locally
  approved  management  plan  or change or amendment thereto. If there has
  been a  denial  of  approval,  a  revised  management  plan,  change  or
  amendment may be submitted to the commissioner.
    8. Approval of the management plan by the commissioner shall:

    (a)  Establish eligibility for the receipt of acquisition, development
  and programming assistance from the state within  the  defined  heritage
  area boundaries;
    (b)  Establish  those  properties  defined  in  the management plan as
  significant for consideration for eligibility for the state register  of
  historic places; and
    (c)  Require, for continuance in the program, appropriate local action
  to protect and safeguard the defined resources in the heritage area.
    9. The commissioner may, after holding a public hearing in  the  state
  designated  heritage  area  subject  to  review,  withdraw approval of a
  management plan where he or she finds that  the  local  government  with
  immediate  general  jurisdiction  over all or a portion of such heritage
  area has taken actions which have had a significant adverse impact  upon
  heritage  area  resources  or has generally failed to implement its role
  under a management plan. When approval has been withdrawn, the  heritage
  area  shall no longer be deemed to be state designated. The commissioner
  shall report such  withdrawal  of  approval  to  the  governor  and  the
  legislature stating the reasons for such action.