NY Env Conserv L § 56-0309 (2021)
2021 New York Laws ENV - Environmental Conservation Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 Title 3 - Clean Water Projects 56-0309 - Park, Historic Preservation and Heritage Area Projects.

§ 56-0309.  Park, historic preservation and heritage area projects.   1.  For purposes of this section "commissioner" means the commissioner of the office of parks, recreation and historic preservation.   2. Park projects and historic preservation projects may be  undertaken by  the  office  pursuant  to  the  provisions of this article and other applicable  provisions  of  law  pursuant  to  the   approval   of   the commissioner.   3.  All  historic  preservation projects,   park projects and heritage area projects shall be undertaken in the state of New York.  Except  for projects  undertaken  by  the  state,  the  total  amount  of  the state assistance payments toward the cost of any such project shall not exceed fifty percent of the cost. For the purpose of determining the amount  of the state assistance payments, the cost of the project shall not be more than  the  amount  set  forth  in  the  application for state assistance payments approved by the commissioner.  Park and heritage area  projects shall develop, expand, or enhance public access to water bodies, promote water  based  recreation,  or enhance the natural, cultural, or historic aspects of water bodies.   4. The commissioner and a municipality may enter into a  contract  for the undertaking by the municipality of an historic preservation project. Such   historic  preservation  projects  shall  be  recommended  to  the commissioner by  the  governing  body  of  the  municipality  and,  when approved  by  the  commissioner,  may  be undertaken by the municipality pursuant to this title and any other applicable provision of law.   5. The commissioner and a not-for-profit corporation may enter into  a contract  for  the  undertaking  by the not-for-profit corporation of an historic preservation project.   Such a  historic  preservation  project shall  be  recommended  to  the  commissioner by the governing body of a not-for-profit corporation which demonstrates to the satisfaction of the commissioner that it  is  capable  of  operating  and  maintaining  such property  for  the  benefit  of  the  public.    Upon  approval  by  the commissioner, such project may be undertaken pursuant to the  provisions of this title and any other applicable provision of law.   6.  The  commissioner and a municipality may enter into a contract for the undertaking by the municipality of a  park  project.    Such    park projects  shall be recommended to the commissioner by the governing body of the municipality, and when  approved  by  the  commissioner,  may  be undertaken  by  the  municipality  pursuant  to this title and any other applicable provisions of law.   The office shall  also  assess  existing parks  and  recreational  opportunities  in the municipalities where the park project is located and shall give preference to projects which  are in  or  primarily  serve areas where demographic and other relevant data for such areas demonstrate that the areas are densely populated and have sustained physical deterioration, decay, neglect  or  disinvestment,  or where  a  substantial proportion of the residential population is of low income or is otherwise disadvantaged and is underserved with respect  to the existing recreational opportunities in the area.   7.  The commissioner and a not-for-profit corporation may enter into a contract for the undertaking by the not-for-profit corporation of a park project on behalf of a municipality. Such a contract shall be contingent upon the approval of the governing body of each  municipality  in  which the  project  is  located.    Such a project shall be recommended to the commissioner by the governing body of a not-for-profit corporation which demonstrates to the satisfaction of the commissioner that it is  capable of operating and maintaining such project for the benefit of the public. Upon  approval  by  the  commissioner,  such  project  may be undertaken pursuant to the provisions  of  this  title  and  any  other  applicable provision   of  law.    The  office  shall  assess  existing  parks  and  recreational opportunities in the municipalities where the park  project is  located  and  shall  give  preference  to  projects  which are in or primarily serve areas where demographic and other relevant data for such areas  demonstrate  that  the  areas  are  densely  populated  and  have sustained physical deterioration, decay, neglect  or  disinvestment,  or where  a  substantial proportion of the residential population is of low income or is otherwise disadvantaged and is underserved with respect  to the existing recreational opportunities in the area.   8.  The commissioner and a municipality, public benefit corporation or not-for-profit corporation may enter into a  contract,  subject  to  the approval  of  the  director  of  the  budget,  for the undertaking by or through the municipality, public benefit corporation  or  not-for-profit corporation  of  a heritage area project including parkwide and district projects identified in a management plan prepared  pursuant  to  section 35.05  of  the  parks,  recreation and historic preservation law.   Such projects shall be  subject  to  an  agreement  by  the    heritage  area management entity to operate or cause to be operated any public facility resulting from such project.   9.  A  municipality  which  acquires,  develops, improves, restores or rehabilitates property with funds made available pursuant to this  title may establish reasonable rules and regulations by local law or otherwise to  assure  the  proper administration and development thereof, provided that no such rule or regulation which restricts the use of such lands or facilities by non-residents  of  the  municipality  shall  be  effective without the approval of the commissioner.   10.  The  commissioner  shall impose such contractual requirements and conditions upon any  municipality  and  any  not-for-profit  corporation which receive state assistance payments pursuant to this title as may be necessary  and  appropriate to ensure that a public benefit shall accrue from the use of public funds  by  such  municipality  or  not-for-profit corporation.   Such conditions shall include limitations on the right of the municipality or not-for-profit corporation  to  demolish  or  convey such  property,  provisions  for public access or use where appropriate, the granting of facade easements to the state, a  requirement  that  all plans  for restoration, rehabilitation, improvement, demolition or other physical change must be subject to the commissioner's approval, and such other conditions which shall assure the preservation and  protection  of the project.   11.  Any  not-for-profit  corporation  which receives state assistance payments pursuant to this  section  for  the  acquisition  of  land  for outdoor  recreation  or  conservation  purposes shall execute a contract with the commissioner which shall include the following:  (a) An agreement to make and keep the lands accessible to  the  public unless   the   not-for-profit   corporation   can   demonstrate  to  the commissioner's  satisfaction  that   public   accessibility   would   be detrimental to the lands or any natural resources associated therewith;  (b)  An  agreement  not  to  sell, lease, exchange or donate the lands except to the state, a local government unit or another  qualifying  tax exempt  non-profit organization for recreation and conservation purposes consistent with this title and approved by the commissioner; and  (c) An agreement to execute and convey to the state  at  no  charge  a conservation  easement, pursuant to title three of article forty-nine of this chapter, over the  lands  to  be  acquired  with  state  assistance payments.   12.   Real   property   acquired,  developed,  improved,  restored  or rehabilitated by or through a municipality for park projects  undertaken pursuant  to  this  section  with  funds made available pursuant to this section shall not be  sold,  leased,  exchanged,  donated  or  otherwise  disposed  of  or  used  for  other than public park purposes without the express authority of an act of the legislature, which shall provide  for the  substitution  of  other lands of equal environmental value and fair market  value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements  as shall be approved by the commissioner.   13. Real property acquired by a not-for-profit organization with funds made  available  pursuant to   this section for park projects undertaken pursuant to this section shall not be used in violation of an  agreement entered  into  pursuant  to  this  section,  or sold, leased, exchanged, donated or otherwise disposed of without the express authority of an act of the legislature.   14.  The  commissioner  shall  adopt,  prior  to  the  acceptance   of applications for park, historic preservation and heritage area projects, rules  and  regulations  which  shall  include eligibility requirements, application procedures, office ranking  and  review  processes,  project approval guidelines and criteria, and funding distribution necessary for all  state  assistance  payment  programs  established  pursuant to this title.   15. Notwithstanding any other provision of law,  no  state  assistance payment  under  this article may be applied, with respect to any project located within the area of New York county bounded by (a)  the  northern boundary  of Fifty-ninth street and Fifty-ninth street extended; (b) the United States pierhead line; (c) the northern boundary of the area known as Battery Park City; and (d) eight hundred feet  inland  easterly  from the United States bulkhead line:  (i)  for,  other  than  for  recreational  use or access inland of the existing bulkhead line, any roads, bridges, ramps or parking  facilities or sewers or water mains;  (ii)  for  any  site improvement, including sewers, or water mains, to support residential, industrial or commercial development;  (iii) to excavate, place fill or plantings in, or  place  any  piling, platform  or  structure,  including  a floating structure, in the Hudson river; or  (iv) to plan, evaluate or study any project involving such  excavation or  placement  as described in subparagraph (iii) of this paragraph; and provided further that no contract, or subcontract, with a public benefit corporation, public  authority,  or  any  other  person  or  entity,  or municipality  other  than the city of New York shall be entered into for any state assistance payments under this article  with  respect  to  any project,  or  portion  thereof,  located  in  the area described in this subdivision without the affirmative approval of the community  board  or boards wherein the project, or portion thereof, will be located.   16.  Notwithstanding  the  provisions of this section, moneys received from the sale of bonds pursuant to the Clean Water/Clean Air Bond Act of 1996, and available for disbursements for projects developed pursuant to this section, shall also be available for state assistance  payments  to municipalities  and  not-for-profit corporations for the capital cost of projects described in  subdivision  nine  of  section  44-0119  of  this chapter  and  subject  to  the  review  delineated in subdivision ten of section 44-0119 of  this  chapter.  Such  monies  shall  be  subject  to appropriation.