NY Env Conserv L § 44-0119 (2021)
2021 New York Laws ENV - Environmental Conservation Article 44 - Hudson River Valley Greenway 44-0119 - Greenway Compact.

§ 44-0119. Greenway compact.1.  The council shall guide and support a cooperative planning process   to establish a voluntary regional compact among  the  counties,  cities,   towns  and  villages of the greenway to further the recommended criteria   of natural and cultural resource protection, conservation and management   of renewable natural resources, regional planning, economic development,   public access and heritage education.2. Initially, the council shall offer technical  assistance  from  the   conservancy and state agencies to the riverside communities in attaining   the  goal of establishing and having maximum effective implementation of   local  planning  and  zoning  through  natural  and  cultural  resources   inventories,  the  adoption of a comprehensive zoning ordinance or local   law, master plan, site plan and subdivision plat review consistent  with   the  greenway  criteria.  The  council  shall  also encourage the use of   cluster  zoning,   historic   preservation   ordinances,   transfer   of   development  rights,  conservation  easements,  designation  of critical   environmental areas and other zoning  techniques  where  appropriate  to   attain  local planning and environmental objectives and participation in   the coastal  management  program  and  the  state  urban  cultural  park   program. The council and the conservancy may each, consistent with their   respective  responsibilities  as  provided  in  this article, enter into   contracts not to exceed fifty percent of  project  cost  with  riverside   communities  and  in  consultation  with  appropriate state agencies for   purposes  of  administrating  grants  pursuant   to   this   subdivision   including,  but  not  limited to, grants to conduct natural and cultural   resources inventories,  prepare  or  update  a  master  plan,  a  zoning   ordinance,   a   transfer  of  development  rights  ordinance,  a  local   government waterfront revitalization program,  an  urban  cultural  park   feasibility   study   or   management  plan  or  a  tourism  development   feasibility study or plan. Any community which receives a grant pursuant   to this subdivision may,  at  the  discretion  of  the  council  or  the   conservancy,  contribute  its  fifty  percent of the project cost in the   form of an in kind or other non-monetary contribution.3. Not later than four years after the effective date of this article,   the council shall convene meetings of the  chief  elected  officials  of   counties, cities, towns and villages or their designated representatives   for  each  of  the subregional districts designated by the council. Such   officials in each district shall organize to prepare,  or  cause  to  be   prepared  within  twenty-four  months, a comprehensive regional plan for   their district to be submitted to the  council.  The  conservancy  shall   offer  technical  assistance in preparation of such plans and amendments   thereof. Within funds available therefor, the council shall grant  funds   to meet the cost of each regional plan and amendments thereof. Each such   regional  plan  shall  address  the greenway criteria and the objectives   adopted by the council by provisions  including,  but  not  limited  to,   identifying  developments  of  regional  impact  and  areas  of regional   concern including, but  not  limited  to  identifying  necessary  public   facilities   and   infrastructure  consistent  with  such  criteria  and   objectives and providing for the voluntary adoption by action of a local   legislative body and  implementation  of  relevant  provisions  by  each   participating  county,  city, town and village. The council shall review   each regional plan for its consistency with the  greenway  criteria  and   objectives and to assure that the regional plans conform to establish an   overall greenway compact. Upon finding such consistency and conformance,   the  council shall approve the regional plan and, upon approving all the   regional plans, shall produce an overall greenway plan to  be  known  as   the  compact.  If  the local officials in any district fail to produce a   regional plan for their district or submit such plan which  the  council    cannot  approve,  the  council  may  prepare  or  cause to be prepared a   district plan which cities, towns and  villages  in  such  district  may   voluntarily  adopt by local law to become participating communities. The   council's  actions  shall  not  be inconsistent with the requirements of   article forty-two of the executive law in approving any regional plan.4. Upon approval by the council of a regional plan, each county, city,   town or village within the district for which the plan was prepared  and   which  adopted  the  plan  by  its local legislative body shall become a   participating community in the greenway compact by adopting the regional   plan as provided in such plan.4-a. Notwithstanding any other provision of this article, the mayor of   the city of New York may submit those portions of such city's waterfront   revitalization program, prepared pursuant to article  forty-two  of  the   executive  law  and  adopted  through  the  process for the adoption and   amendment of plans contained in  the  charter  of  such  city,  as  such   program  applies  to areas within the greenway, as the regional plan for   the region comprised of  the  areas  of  Bronx  and  New  York  counties   designated  pursuant  to  section 44-0109 of this article.  The mayor of   such city may submit amendments to such regional  plan  adopted  through   the  process  for  the  adoption and amendment of plans contained in the   charter of such city. Any  such  plan  or  amendment  thereof  submitted   pursuant  to  this  subdivision  shall  be  deemed to have been approved   pursuant to this section and, upon submission of such plan, the areas of   the city of New York designated pursuant  to  section  44-0109  of  this   article  and which are also included within such plan shall be deemed to   be a participating community and, unless otherwise specified, the  mayor   of  such city shall exercise the authority granted to such participating   community. Solely for purposes of subdivision five of this  section  the   plan  submitted by the city of New York pursuant to this section and any   amendments thereto shall not be deemed a  generic  environmental  impact   statement or regional plan.4-b.  Nothing  contained  in  this  article shall be deemed to affect,   impair or supersede the provisions of any city charter, local law,  rule   or  other  local  requirements  and  procedures  heretofore or hereafter   adopted, including, but not limited to, any such provisions relating  to   the zoning and use of land.5.  A regional plan prepared consistent with the procedures of section   8-0109 of this chapter relating to the preparation and  contents  of  an   environmental   impact   statement   shall   be   considered  a  generic   environmental impact statement. Actions proposed in conformance with the   conditions and thresholds established in such regional plan will require   no further compliance with article eight of this chapter.6. Notwithstanding any other provision of law, any  state  agency  may   provide  in  implementing  a  ranking  system  for  allocating funds for   infrastructure,  land  acquisition  or  park   assistance   projects   a   preference  not to exceed the equivalent of an advantage of five percent   for such projects which are  identified  in  a  regional  plan  approved   pursuant to this section.* 7.  For  each  such participating community there shall be indemnity   from the state in  the  event  of  legal  actions  brought  against  the   community or its agents that may result from the community's acquisition   of   land   consistent  with  its  regional  plan  or  the  adoption  or   implementation of any land use control including, but not limited to,  a   zoning  law or ordinance. Such indemnity shall not apply to the counties   of New York and Bronx for such legal actions brought as a result of  New   York  City's  adoption of a regional plan or amendments thereto pursuant   to subdivision four-a of this section. Such indemnity shall apply to the   extent that any such claim exceeds the insurance  coverage  obtained  by    the  council  pursuant to subdivision twenty-three of section 44-0107 of   this article; provided, however, such indemnity shall not apply  to  any   such claim that results from intentional wrongdoing, recklessness, gross   negligence  or  an  unlawful  discriminatory  practice  as  provided  in   subdivisions two, two-a,  three-b,  four,  paragraphs  (a)  and  (b)  of   subdivision  five  and subdivisions six, seven, fourteen and eighteen of   section two hundred ninety-six of the executive law and 42  U.S.C.  §  §   1981,  1983  by  such  community  or  its agents. In any claim against a   participating  community  of  unlawful  discriminatory   practice,   the   attorney  general  shall  not  represent  the  defendant  or defendants;   provided, however, that if the plaintiff is not  the  prevailing  party,   the  defendant  or  defendants  shall be reimbursed by the state for all   reasonable attorneys' fees  and  litigation  expenses  incurred  in  the   defense of the action.* NB Repealed December 31, 20228.  Pursuant  to  a  chapter  of  the  laws of New York to be enacted,   authority shall be granted for a community to utilize  other  innovative   zoning techniques in carrying out the compact.9.   In  addition  to  any  other  funds  available  from  the  state,   participating communities and  nonprofit  entities  designated  by  such   communities shall be eligible for capital, program and planning matching   grants  from  the council and the conservancy including, but not limited   to grants for  municipal  historic  preservation  projects  to  acquire,   restore  or  rehabilitate  property  listed  on  the  state  or national   registers of historic places or for educational programs related to such   historic  places,  municipal  park   projects   for   the   acquisition,   development or improvement of recreational facilities or the acquisition   of  land for open space conservation and management of renewable natural   resources and natural resource protection including the preservation  of   endangered   species   and   their   natural   communities,   waterfront   revitalization projects to acquire land for public access to the  Hudson   river  or  to  protect  river resources or to clear waterfront sites for   public or private  water  dependent  uses  or  to  develop,  improve  or   rehabilitate  water  dependent or waterfront facilities including wharfs   and piers, consistent with a local  waterfront  revitalization  program,   urban  cultural  park  projects  for  planning,  program, acquisition or   development consistent with the purposes of article thirty-five  of  the   parks,  recreation  and  historic  preservation  law,  tourism marketing   projects,  development  and  commercial  revitalization  and   community   development   programs  and  projects,  natural  resources  inventories,   agriculture preservation projects and public and private  infrastructure   improvement related to the development of the greenway trail, from money   appropriated from the Hudson river valley greenway fund. The state share   of the cost of such projects shall not exceed fifty percent of the total   project  cost.  Such  grants  shall  be  made  by  the  council  and the   conservancy  consistent  with  their  respective   responsibilities   as   provided  in  this article. The council and conservancy shall enter into   contracts  with  participating  communities  and  in  consultation  with   appropriate  state  agencies  for  the  purpose  of  administering these   grants.10. The council and conservancy shall create a committee comprised  of   three  members  from each who shall establish a procedure by which other   grants not delineated herein, which are  consistent  with  the  greenway   criteria, shall be made.11.   Notwithstanding   any  other  provision  of  law,  participating   communities shall be eligible to take part in  and  receive  grants  and   loans  from  the  urban  development  corporation's  urban and community   development program and regional economic development program. 12. The council may, after holding a public hearing in the appropriate   district, withdraw its approval of a regional plan where it  finds  that   there  has  been  a  significant  failure  to  implement  such plan by a   majority of the  participating  counties,  cities,  towns  and  villages   within  the  district.  When approval has been withdrawn from a regional   plan, the communities therein may not have the benefits of participating   communities pursuant to subdivisions five through nine of this  section.   The council shall report such withdrawal of approval to the governor and   the  legislature  stating  the  reasons  for such action consistent with   subdivisions one through six of this section.13. The council may promulgate rules  and  regulations  providing  for   maintaining and updating the compact.