reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 432 - Park Projects › Section 432.5 - Alienation of park projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Project boundary map.
(1) Upon completion of
					 a park project, the project sponsor shall submit a dated and signed project
					 boundary map showing the location of the project and all related support
					 facilities acquired or developed pursuant to this Part. The map shall also
					 indicate all structures, facilities and encroachments on the property which are
					 used for non-park purposes, such as power lines, easements, school buildings or
					 clubhouses.
(2) In cases where the
					 project is a discrete portion of the park, the project boundary map shall
					 include as much of the park as would be required for the project to be operated
					 by itself, including all support facilities such as roadways, parking lots,
					 comfort stations and landscaping, except that utilities for the facility may be
					 provided from elsewhere in the park.
(3) The office shall review the proposed
					 project boundary map to determine its compliance with this section and any
					 guidelines of the office and shall notify the project sponsor of its
					 determination. The project boundary map shall define the public park facilities
					 for which State assistance was provided pursuant to this Subchapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 432 - Park Projects › Section 432.6 to 432.12 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 433 - Historic Preservation Projects › Section 433.1 - Eligibility criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 property shall be eligible for grant assistance if, prior to the award of the
					 grant, it is:
(1) individually listed on the
					 State or National Register of Historic Places; or
(2) located within a historic district which
					 is listed on the State or National Register of Historic Places and which is
					 identified in the district nomination form as contributing to the significance
					 of the district. If the nomination does not clearly identify the property as
					 contributing, the commissioner shall make this determination.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 433 - Historic Preservation Projects › Section 433.2 - Archaeological development activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All identification, evaluation, curation,
					 interpretation and protection activities shall be conducted under the
					 supervision of a professional archaeologist meeting the requirements of the
					 office. Disturbance of archaeological sites will be kept to a minimum and
					 funded only if one of the following criteria is met:
(1) data recovery is necessary to determine
					 the presence of significant archaeological deposits that might be disturbed by
					 a project; or
(2) data recovery
					 and/or other mitigative measures are necessary because a development project
					 will unavoidably disturb an area that has archaeological value; or
(3) testing is necessary to design and
					 perform an approved development activity which is dependent upon information
					 that can be obtained only through archaeological investigation; or
(4) public interpretation of a property is
					 dependent upon the information that can only be obtained by archaeological
					 testing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 433 - Historic Preservation Projects › Section 433.3 - Supplemental application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the general application requirements found
						in section
						431.7 
						of this Title, applications under this Part shall include the following
						additional information:
(a) the
					 location of the property shown on a map as directed by the office;
(b) photographs or images showing the
					 existing condition of the property as directed by the office; and
(c) a narrative description of the property's
					 historic significance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 433 - Historic Preservation Projects › Section 433.4 - Supplemental rating criteria

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the criteria listed in section
						431.8  of this
						Title, the following criteria will be considered in rating historic
						preservation projects:
(a) this
					 historic significance of the property in the national, State or local context;
					 and
(b) the degree to which the
					 project will increase public stewardship or awareness of historic
					 resources.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 433 - Historic Preservation Projects › Section 433.5 - Public benefit provision

Current through Register Vol. 46, No. 28, July 10, 2024
In order to assure the preservation and maintenance of
						projects funded under this Part and to assure that a public benefit accrues
						from the expenditure of public funds, the office will require the project
						sponsor to convey a preservation or maintenance restriction, easement or other
						protective agreement to the office or such other entity as the office deems
						appropriate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 433 - Historic Preservation Projects › Section 433.6 to 433.14 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 434 - Heritage Area Projects › Section 434.1 - Eligibility criteria

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the terms heritage area
						and urban cultural park shall be deemed to have the same meaning.
(a) Projects, sites or facilities must be
					 identified in a heritage area or urban cultural park management plan which has
					 been approved by the commissioner in accordance with section 35.05  of the
					 Parks, Recreation and Historic Preservation Law.
(b) Heritage area projects may be for the
					 acquisition or development of historically or culturally significant sites,
					 districts, buildings, structures or natural features to develop, expand or
					 enhance public access to water bodies, promote water based recreation or
					 enhance the natural, cultural or historic aspects of water bodies.
(c) Eligible acquisition projects include the
					 acquisition during the project term or within one year prior to the application
					 deadline date of a permanent easement in or fee title to all or part of an
					 historically or culturally significant site, district, building, structure,
					 facility or natural feature identified in a heritage area or urban cultural
					 park management plan.
(d) Eligible
					 development projects include, but are not limited to:
(1) improvement, restoration, preservation,
					 rehabilitation, reconstruction, or protection of sites, districts, buildings,
					 structures, facilities or natural resources in accordance with the Secretary of
					 the Interior's Standards;
(2) new
					 construction which complies with the Secretary of the Interior's
					 Standards;
(3) infrastructure and
					 ancillary facilities, provided that such facilities support the operation of
					 the project;
(4) development and
					 installation of interpretive, recreational or theme-related facilities, areas,
					 greenways, trail systems, exhibits and signage and associated projects;
					 and
(5) development of buildings,
					 facilities, sites and associated projects which address the need for
					 multi-lingual or multi-cultural accommodation in the implementation of a
					 project.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 434 - Heritage Area Projects › Section 434.2 - Supplemental application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the general application requirements
						listed in section
						431.7 
						of this Title, applications under this Part shall include the following
						additional information:
(a) a
					 narrative description of the project's significance in the context of existing
					 heritage area resources and how it will develop, expand or enhance public
					 access to water bodies, promote water based recreation or enhance the natural,
					 cultural or historic aspects of water bodies;
(b) the approval/endorsement of the project
					 by the local heritage area management entity if it is not the project sponsor;
					 and
(c) the commitment of the local
					 heritage area management entity either to operate or to cause to be operated
					 any public facilities which are developed as part of a project.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 434 - Heritage Area Projects › Section 434.3 - Supplemental rating criteria

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the criteria found in section
						431.8  of this
						Title, the following criteria will be used to rate heritage area
						projects:
(a) the degree to which the
					 project will develop, expand or enhance public access to water bodies, promote
					 water based recreation or enhance the natural, cultural or historic aspects of
					 water bodies;
(b) the degree to
					 which the project contributes to the preservation, restoration or enhancement
					 of natural, historic or cultural resources related to the local heritage area's
					 interpretive theme(s) as established in its approved management plan;
(c) the degree to which the project enhances
					 the function and visual quality of the local heritage area;
(d) the degree to which the project directly
					 serves or benefits heritage area visitors and users; and
(e) the impact of the facility on the local
					 economy or its contribution to established economic development
					 plans.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 434 - Heritage Area Projects › Section 434.4 - Public benefit provisions

Current through Register Vol. 46, No. 28, July 10, 2024
In order to assure the preservation and maintenance of
						projects funded under this Part, and to assure that a public benefit accrues
						from the expenditure of public funds for the project, the following provisions
						shall be included in the project agreement as appropriate:
(a) the project sponsor shall not prohibit
					 the use of or access to the project to nonresidents of the heritage area or
					 impose a fee for any use of and access to the project without the prior written
					 approval of the commissioner;
(b)
					 the project sponsor will be required to convey a preservation or maintenance
					 restriction, easement or other protective agreement to the office or other such
					 entity as the office deems appropriate; and
(c) where real property is acquired for park,
					 conservation, open space or recreation purposes, the project agreement shall
					 include the provisions of section
					 432.4(a) 
					 of this Title when the project sponsor is a municipality and the provisions of
					 section
					 432.4(b) 
					 of this Title when the project sponsor is a not-for-profit
					 corporation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 434 - Heritage Area Projects › Section 434.5 to 434.6 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 435 - General Provisions › Section 435.1 - Authority and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations implement title 9 of article 52 of the
						Environmental Conservation Law which implements the Environmental Quality Bond
						Act of 1986. The act provides for the Commissioner of Parks, Recreation and
						Historic Preservation to be responsible for the administration of a program of
						State assistance for State, municipal, and not-for-profit historic preservation
						projects, municipal park projects and urban cultural park
						projects.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 435 - General Provisions › Section 435.2 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Subchapter, the following terms
						shall mean and include:
(a)
					 Acquisition shall mean acquiring title or a lesser interest in real property
					 including development rights, an easement or a remainder interest. For purposes
					 of Part 436 of this Title, acquisition shall also include leasehold.
(b) Certified minority- or women-owned
					 business enterprise shall mean a business which has been verified as a
					 minority- or women-owned business enterprise by the director of the Governor's
					 Office of Minority and Women's Business Development pursuant to the provisions
					 of section 314  of the Executive Law.
(c) Commissioner shall mean the Commissioner
					 of Parks, Recreation and Historic Preservation.
(d) Federal assistance shall mean funds
					 available, other than by loan, from the Federal government, either directly or
					 through allocation by the State for construction or program purposes pursuant
					 to any Federal law or program.
(e)
					 Governing body shall mean:
(1) in the case of
					 a town, a town board;
(2) in the
					 case of a county outside of the City of New York, the county board of
					 supervisors or other elective governing body;
(3) in the case of a city or village, the
					 local legislative body thereof, as the term is defined in the Municipal Home
					 Rule Law;
(4) in the case of a
					 public benefit corporation, the board of directors, members or trustees
					 thereof;
(5) in the case of a
					 school district, the board of education thereof; and
(6) in the case of a supervisory district,
					 the board of cooperative educational services thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 435 - General Provisions › Section 435.3 - Distribution of funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 distribution of funds for municipal park projects, each type of historic
					 preservation project and urban cultural park projects shall be requested
					 annually by the office for inclusion in the executive budget and action by the
					 State Legislature.
(b) Consistent
					 with the number of applications and the funds appropriated, the commissioner
					 may, at his discretion, limit the maximum amount of money which may be made
					 available for any one project. This amount shall be announced at the beginning
					 of each grants cycle.
(c) The
					 commissioner, at his discretion, may determine that funds made available
					 pursuant to this Subchapter for any one project may be distributed to the grant
					 recipient from more than one annum appropriation. This determination will be
					 based on the number of applications received, the funds appropriated to the
					 office and the ranking of the project. Subject to the appropriation of funds,
					 the office shall set aside from subsequent years' appropriations the amount
					 necessary to complete the project prior to the award of any new
					 grant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 435 - General Provisions › Section 435.4 - General applicant information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application procedures for funds under
					 this Subchapter shall depend on the type of project for which funds are sought.
					 Applicants for funds for State, municipal or historic preservation projects
					 should refer to Part 436 of this Title, applicants for funds for municipal park
					 projects should refer to Part 437 of this Title and applicants for funds for
					 urban cultural park projects should refer to Part 438 of this Title.
(b) It shall be the responsibility of the
					 applicant to evaluate the proposed project using the eligibility criteria found
					 in each Part and to determine under which program to apply for
					 assistance.
(c) Some projects may
					 consist of several elements which fit into different categories; for example, a
					 historic property, such as a stone bridge, in a municipal park. Applicants are
					 advised to divide the project into these elements and to submit a separate
					 application for each element under the appropriate program.
(d) An applicant shall not submit an
					 application for the same project to different programs for consideration during
					 the same grants cycle. However, applications for separate elements of the same
					 project may be submitted simultaneously. In our example, a municipality may
					 simultaneously apply for a historic preservation grant to repair the stone
					 bridge in the municipal park and a municipal park grant to develop a picnic
					 area and playground.
(e) If an
					 application does not receive funds in two consecutive grants cycles in one
					 program, it may be submitted for funds under another program. The application
					 should be refiled using the procedures of the second program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 435 - General Provisions › Section 435.6 - Minority and women-owned business enterprise program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The office shall establish procedures and
					 guidelines to ensure that grant recipients and their contractors and
					 subcontractors undertake programs to utilize minority and women-owned business
					 enterprises on projects undertaken pursuant to this Subchapter. This section
					 shall be applicable to grants awarded prior to June 1, 1989. For grants awarded
					 after June 1, 1989, the provisions of article 15-A of the Executive Law,
					 Participation by Minority Group Members and Women with Respect to State
					 Contracts, shall apply.
(b) Each
					 grant recipient shall be responsible for requiring each contractor to submit a
					 minority and women-owned business enterprise utilization plan prior to the
					 award of a contract.
(c) Goals.
(1) The goals for the participation of
					 minority and women-owned business enterprises on projects under this Subchapter
					 shall be as follows:
(i) for minority-owned
					 business enterprises, a goal of at least 12 percent of the total dollar value
					 of contracts awarded; and
(ii) for
					 women-owned business enterprises, a goal of at least five percent of the total
					 dollar value of contracts awarded.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 435 - General Provisions › Section 435.7 - Project agreements; maintenance of effort

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each grant recipient shall enter into a
					 project agreement with the office for the funding of the project. Such project
					 agreement shall contain provisions which shall include, but not be limited to,
					 the following:
(1) The proposal or
					 application which was submitted to the office and approved by the commissioner,
					 with such modifications as may be required by the commissioner for such
					 approval, shall be made a part of the project agreement. No changes may be made
					 to such proposal or application, as modified, without the written approval of
					 the commissioner.
(2) The agreement
					 shall provide for the public to have such access to the facility or property,
					 and for such period of time, as shall be determined by the commissioner to be
					 appropriate to that project.
(3)
					 There shall be barrier-free access for disabled patrons in accordance with
					 applicable New York State statutes.
(4) A project sign in a form to be determined
					 by the office shall be installed on the property.
(5) All contracts for work under this
					 Subchapter shall be publicly bid in accordance with section 103  of the General Municipal Law.
(6) The agreement shall contain a project
					 term.
(7) The provisions of
					 sections
					 435.5
					 and
					 435.6 
					 of this Part shall be a part of the agreement. Further, the grant recipient
					 will include the provisions of sections
					 435.5
					 and
					 435.6 
					 in every contract in relation to the project agreement in such a manner that
					 such provisions will be binding upon each contractor and subcontractor as to
					 its work in connection with the project agreement.
(8) The agreement shall include such other
					 provisions as shall be required by State law, the Attorney General, the State
					 Comptroller and the office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 435 - General Provisions › Section 435.8 - Public participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Annual report. The office shall prepare and make available an annual report on
					 the implementation of title 9 of article 52 of the Environmental Conservation
					 Law and these regulations.
(1) Such report
					 shall include, but not be limited to, the following:
(i) the distribution of all funds during the
					 preceding fiscal year and since the enactment of title 9 of the Environmental
					 Conservation Law, by program and by category of project;
(ii) the distribution of funds by county and
					 by State park region;
(iii) the
					 distribution of funds among projects that are related to natural resource
					 protection/interpretation and passive recreation; facility development or
					 construction; or a combination of resource protection and facility
					 development;
(iv) the distribution
					 of funds for the acquisition of land or facilities, development of new
					 facilities or rehabilitation of existing facilities; and
(v) the distribution of funds between indoor
					 and outdoor municipal park projects.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 436 - State, Municipal And Not-for-profit Historic Preservation Projects › Section 436.1 - Eligible properties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 property shall be eligible for grant assistance if, prior to the date of
					 application it is:
(1) individually listed on
					 the National or State Register; or
(2) located within a listed historic district
					 and identified in the nomination form as contributing to the significance of
					 the district. In the cases where the nominating document does not clearly
					 identify the contributing properties, the commissioner shall determine which
					 properties are contributing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 436 - State, Municipal And Not-for-profit Historic Preservation Projects › Section 436.2 - Eligible activities

Current through Register Vol. 46, No. 28, July 10, 2024
The following activities are allowable as State,
						municipal or not-for-profit projects, except as noted:
(a)
Acquisition.
(1) Historic property may be acquired only by
					 a not-for-profit corporation. The boundaries of the real property to be
					 acquired may not exceed the boundaries as listed in the Register nomination,
					 except that the acquisition of a contiguous buffer zone or ancillary property
					 which, in the opinion of the commissioner, is essential to the protection of
					 the listed property shall be considered eligible for grant
					 assistance.
(2) Priority will be
					 given to those acquisition proposals which are necessary in order to prevent an
					 immediate threat to the property. Such threats include demolition, impairment,
					 erosion, slumping, vandalism and relic collecting.
(3) Eligible costs related to acquisition
					 include legal and other professional fees, appraisal fees, purchase options and
					 project signs when part of an approved scope of work and within the approved
					 period of the acquisition project.
(4) Appraisals must be performed no more than
					 12 months prior to the acquisition of real property. The cost of obtaining an
					 appraisal is an allowable cost if an acquisition grant is subsequently awarded.
					 If a property is valued at $100,000 or more, two appraisals must be obtained.
					 If the property is valued at less than $100,000, one appraisal is sufficient.
					 If the property is valued at less than $5,000, a short form appraisal may be
					 used at the discretion of the commissioner. Appraisals shall be prepared by an
					 active consultant appraiser in accordance with the requirements of the
					 office.
(5) For acquisition at less
					 than the appraised market value, the buyer must provide to the commissioner a
					 signed and notarized statement from the seller indicating that the buyer has
					 been informed of the appraised market value and is satisfied with the price
					 even though it is less than the appraised fair market value.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 436 - State, Municipal And Not-for-profit Historic Preservation Projects › Section 436.3 - Measures to assure future preservation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to assure the preservation of
					 grant-assisted historic properties and to assure that a public benefit shall
					 accure from the use of public funds, the commissioner shall not make grant
					 assistance available until a project agreement is in place. The commissioner's
					 requirements shall be incorporated into the project agreement and may include:
(1) limitations on the right of the owner
					 and/or grant recipient to alter, demolish or convey the property;
(2) provisions for public access, where
					 appropriate; and
(3) granting of
					 exterior or interior easements to the State or an approved municipality or
					 not-for-profit corporation. Easements shall require that any proposals for
					 subsequent alterations, additions or other physical changes be approved by the
					 commissioner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 436 - State, Municipal And Not-for-profit Historic Preservation Projects › Section 436.4 - Application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Application forms will be available from, and are to be returned to, the
					 respective regional offices of the office which are listed in section
					 461.6  of this
					 Title or by contacting the commissioner. For projects within the Catskill or
					 Adirondack forest preserves, applications may be obtained from the appropriate
					 regional offices of the Department of Environmental Conservation or from the
					 Division of Operations, Department of Environmental Conservation, 50 Wolf Road,
					 Room 611, Albany, NY 12233.
(b)
					 Applications will be received throughout the year. Up to three grant
					 application cycles per year may occur. Starting and closing dates will be
					 established and publicized widely by the commissioner.
(c) Application form. Each project
					 application must contain sufficient information to ensure that the commissioner
					 is able to conduct an adequate and thorough review. Applications shall be on
					 forms provided by the office and shall contain at least the following
					 information:
(1) a narrative description of
					 proposed project;
(2) cost
					 estimates for proposed work;
(3)
					 black and white photographs and color slides;
(4) evidence of matching funds commitment or
					 a fund-raising plan for generating the match in a timely manner;
(5) a statement of willingness to comply with
					 appropriate measures to ensure the future preservation of property;
					 and
(6) a copy of a resolution of
					 the governing body of the municipality or not-for-profit corporation
					 recommending the project to the commissioner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 436 - State, Municipal And Not-for-profit Historic Preservation Projects › Section 436.5 - Ranking and review process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 All eligible municipal and not-for-profit projects in a given grant cycle shall
					 be reviewed using the same ranking criteria. In assessing the merit of a
					 proposed project the following criteria will be considered:
(1) physical needs of the property, including
					 any immediate threat from demolition, impairment, slumping, vandalism and relic
					 collecting, and how well the proposed project addresses them;
(2) significance of the property in the
					 national, State or local context;
(3) evidence of adequate planning, including
					 the preparation of planning documents, the use of qualified professionals on
					 whose recommendations the project proposal has been based and consistency with
					 other State and local programs;
(4)
					 the local and statewide impact of the project;
(5) the financial need of the applicant,
					 including the fund-raising plan and the evidence of matching funds
					 commitment;
(6) factors ensuring
					 the property's immediate and future protection. This may include the ability of
					 the project sponsor and involved professionals to successfully complete the
					 project and to assure operation of the facility; the preparation of a
					 maintenance plan; or designation under a local preservation law which has been
					 approved by the commissioner as providing adequate protection for the property;
					 and
(7) adequacy of the
					 preservation technology proposed, its consistency with current professional
					 standards and the demonstration of appropriate new techniques or
					 solutions.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 436 - State, Municipal And Not-for-profit Historic Preservation Projects › Section 436.6 - Matching requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Assistance toward the cost of preservation projects undertaken by
					 municipalities and not-for-profit corporations shall not exceed 50 percent of
					 the approved project costs, less any Federal or State assistance received other
					 than by loan. State funds shall be provided on a reimbursement basis. As the
					 project progresses, billings may be submitted for reimbursement for each
					 billing period as defined in the project agreement.
(b) A not-for-profit corporation or
					 municipality's matching share may consist of the following:
(1) cash;
(2) force account (paid labor); and
(3) donations. To be eligible for matching
					 assistance, donated contributions must be applicable to the approved project.
					 All donations other than cash must be contributed during the approved project
					 period as defined in the project agreement.
(i) Donated (in kind) labor. The value of
					 services provided by professional and technical personnel, consultants and
					 other skilled and unskilled labor.
(ii) Donated real property. The fair market
					 value as established by an independent appraiser in accord with the
					 requirements of the office. If the total value of donated real property
					 proposed for use as a matching share exceeds the amount required for the match,
					 the remainder of the value of the donated real property may be used as the
					 matching share for subsequent development grants for the same property, subject
					 to the prior approval of the commissioner.
(iii) Donated equipment. The value of
					 equipment used on a project in accord with its fair rental value.
(iv) Donated supplies and materials. The
					 value of items in accord with current market prices at the time they are
					 donated to the project.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 436 - State, Municipal And Not-for-profit Historic Preservation Projects › Section 436.7 - Funding distribution

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
					 the purposes of this Part, the annual allocation of awardable funds shall be
					 distributed among the three types of preservation projects as follows:
(1) municipal projects shall receive no less
					 than 40 percent and no more than 60 percent;
(2) not-for-profit projects shall receive no
					 less than 40 percent and no more than 60 percent; and
(3) State projects shall receive no more than
					 10 percent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 437 - Municipal Park Projects › Section 437.1 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Projects eligible for funding for municipal park projects
						may be either acquisition projects or development projects.
(a) Acquisition projects.
(1) Projects which shall be eligible for
					 funding for acquisition shall be lands, waters and structures for public
					 outdoor or indoor recreation uses, including new facilities or additions to
					 existing facilities dedicated to public outdoor or indoor recreation such as
					 parks, forests, natural areas and beaches. Types of acquisition which will be
					 considered for funding shall include, but not be limited to, the following:
(i) areas with frontage on oceans, sounds,
					 rivers, streams, lakes, canals, estuaries or reservoirs that will provide
					 water-based public recreation, water access and open space preservation
					 opportunities, or the acquisition of water bodies themselves;
(ii) land for creating water impoundments to
					 provide water-based public recreation opportunities;
(iii) areas that provide passive recreation
					 opportunities, such as open space areas, forests, flood plains and
					 wetlands;
(iv) natural and
					 environmentally significant areas and preserves and outstanding scenic areas
					 where the objective of acquisition is to preserve the scenic, environmental or
					 natural values; these areas must be open to the general public for recreation
					 use to the extent that this will not cause the natural attributes of the areas
					 to be seriously impaired or lost;
(v) land for day-use picnic areas,
					 neighborhood playgrounds and tot-lots, areas adjacent to school playgrounds,
					 and competitive nonprofessional sports facilities as well as more generalized
					 parklands;
(vi) structures which
					 are appropriate for use primarily for outdoor or indoor public recreation
					 activities, such as skating rinks, swimming pools and court facilities;
					 and
(vii) existing recreational
					 facilities, including environmental education centers.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 437 - Municipal Park Projects › Section 437.2 - Application, review and ranking procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any municipality may apply for funds
					 under this Part. If a municipality and a not-for-profit corporation are
					 cooperating in the submission of an application, the municipality must execute
					 the application and project agreement and shall have final responsibility for
					 the implementation of the project.
(b) Preliminary applications. The office has
					 instituted a preliminary application process by which a conditional
					 determination will be made regarding which projects will be funded during a
					 particular grants cycle.
(1) Preliminary
					 applications shall be submitted on forms to be furnished by the office. Forms
					 may be obtained from the respective regional offices of the office which are
					 listed in section
					 461.6  of this
					 Title or by contacting the commissioner. For municipalities within the Catskill
					 or Adirondack forest preserve, applications may be obtained from the
					 appropriate regional office of the Department of Environmental Conservation or
					 from the Division of Operations, Department of Environmental Conservation, 50
					 Wolf Road, Room 611, Albany, NY 12233.
(2) Prior to submitting a preliminary
					 application, a municipality shall schedule a preapplication conference with the
					 regional grants-in-aid representative. At the preapplication conference the
					 application process, including the annual numerical ranking values and
					 distribution of program funds, will be discussed and the regional grants
					 representative will provide such information to the municipality as is
					 necessary for the municipality to complete the preliminary
					 application.
(3) The preliminary
					 application shall contain the following:
(i)
					 general applicant information;
(ii)
					 documentation to demonstrate the source of the municipality's funding match and
					 its commitment to operating and maintaining the facility;
(iii) a program narrative, containing
					 information to be specified by the office, including but not limited to data on
					 environmental resources;
(iv) a
					 project cost breakdown;
(v) a
					 project map; and
(vi) a copy of a
					 resolution of the governing body of the municipality recommending the project
					 to the commissioner.
(4)
					 Three copies of the complete preliminary application shall be submitted to the
					 appropriate Office of Parks, Recreation and Historic Preservation or Department
					 of Environmental Conservation regional office, to the attention of the regional
					 grants representative, no later than September 15th. Preliminary applications
					 hand-delivered or postmarked after September 15th will not be
					 accepted.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 437 - Municipal Park Projects › Section 437.3 - Criteria used in ranking

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 projects will be ranked in accordance with the EQBA Rating System. Any changes
					 in the criteria and their relative weights will be proposed by the commissioner
					 each year. Preliminary applications rolled over from the previous grant cycle
					 will be rerated according to the criteria and weights for the grants cycle in
					 which they are being reconsidered.
(b) Criteria which will be considered in
					 ranking projects will generally include the following:
(1) the relationship of the project to
					 statewide, regional and local recreation plans or assessments of
					 need;
(2) the degree to which local
					 recreation deficiencies will be satisfied by the project;
(3) the cost effectiveness of the project in
					 reducing recreation deficiencies and the extent of open space/natural resource
					 protection;
(4) project components
					 that will maximize its use and accessibility, such as length of operating
					 season, inclusion of facilities for disabled patrons beyond that required by
					 State statute, and the degree of access to the facility through the use of mass
					 transportation systems;
(5) the
					 degree to which the project increases access to water-based
					 activities;
(6) social and economic
					 characteristics of the community, and associated impacts;
(7) the ability of the project to both
					 protect and utilize the natural resources in a compatible fashion;
					 and
(8) the ability of the
					 community to follow through with the proposed project in both the construction
					 and operational phases.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 437 - Municipal Park Projects › Section 437.4 - Funding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The State share
					 of the cost of a municipal park project shall not exceed 50 percent of the
					 approved project cost, less any Federal assistance or any other State
					 assistance received or to be received for the project.
(b) The cost of a project, for determining
					 the State share, shall include engineering and architectural services, plans
					 and specifications, consultant and legal services, and other direct expenses
					 incidental to such project.
(c)
					 Payment of the State funds for a project shall be on a reimbursement basis
					 only. The municipality shall submit periodic billings for reimbursement of the
					 State share as work is performed and costs incurred.
(d) Municipal share of cost.
(1) The municipal share of the cost of a
					 project may consist of funds or the value of services, materials, equipment or
					 real property provided by the municipality or donated to the municipality for
					 the particular project which is the subject of the State grant. The sources and
					 amounts of the municipal share shall have the prior approval of the
					 commissioner.
(2) Real property may
					 be property purchased by or donated to the municipality for the particular park
					 project which is the subject of the grant, or may be property already owned by
					 the municipality which has not been previously operated for park purposes. The
					 value of real property will be the fair market value as established by
					 appraisal in accordance with the requirements of the office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter B - Environmental Quality Bond Act of 1986 › Part 437 - Municipal Park Projects › Section 437.5 - Restrictions on use; fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 municipality may not restrict the use of facilities acquired or developed under
					 this Part by persons who are not residents of the municipality without the
					 express approval of the commissioner.
(b) Fees. A municipality may charge a
					 reasonable fee for the use of facilities acquired or developed under this Part.
(1) Fees charged to nonresidents cannot
					 exceed twice those charged to residents.
(2) Where there is no charge for residents
					 but a fee is charged to nonresidents, nonresident fees cannot exceed fees
					 charged for residents at comparable State or local public facilities.
(3) Reservation, membership or annual permit
					 systems available to residents must also be available to nonresidents, and the
					 period of availability must be the same for both residents and
					 nonresidents.
(4) This provision
					 does not apply to nonresident fishing and hunting license fees.