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 B - Environmental Quality Bond Act of 1986 › Part 437 - Municipal Park Projects › Section 437.6 - Alienation

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities acquired or developed by a municipality
						pursuant to this Part shall not be sold or 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
						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.
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Subchapter B - Environmental Quality Bond Act of 1986 › Part 437 - Municipal Park Projects › Section 437.7 to 437.11 - Repealed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 438 - Urban Cultural Park Projects › Section 438.1 - Llnterpretive/visitor center facility projects

Current through Register Vol. 46, No. 28, July 10, 2024
Urban cultural park (UCP) interpretive/visitor center
						facility projects shall be eligible for up to 100-percent funding.
(a) Eligibility.
(1) An eligible interpretive/visitor center
					 facility project shall be:
(i) A structure or
					 part thereof, including interpretive and informational exhibits and related
					 support facilities, which will serve as a focal point for visitor orientation
					 to the resources of the State urban cultural parks system and the local urban
					 cultural park in which the facility is located.
(ii) The selected site must be described in
					 an approved urban cultural park management plan.
(iii) Priority will be given to
					 interpretive/visitor centers which are located in structures that are
					 compatible with the theme(s) of the specific UCP, listed on or eligible for
					 listing on the State or National Register of Historic Places, and conveniently
					 located for UCP visitors. Where more than one potential facility is identified
					 in a management plan, the facility selected shall be subject to the approval of
					 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 438 - Urban Cultural Park Projects › Section 438.2 - Local urban cultural park resource projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A municipality, a public corporation or
					 not-for-profit corporation may undertake a project to acquire and develop an
					 historically or culturally significant site, building, structure, object or
					 distinctive natural feature provided that the project is identified in an
					 approved UCP management plan and is not an eligible interpretive/visitor center
					 project.
(b) A local UCP resource
					 project shall be limited to the acquisition and improvement of a single
					 property or site.
(c) Projects
					 shall be evaluated according to the following criteria:
(1) the degree to which the project addresses
					 one or all of the four UCP goals of education, preservation, recreation and
					 economic development;
(2) the
					 relationship of the project to statewide, regional and local plans of agencies
					 supporting the goals of the UCP program;
(3) the local economic needs, including job
					 creation and revenue increases that will be generated by the project;
(4) the financial feasibility and
					 effectiveness of the project;
(5)
					 the evidence of community support for the project;
(6) the social, environmental and economic
					 characteristics of the community and associated impacts; and
(7) the record and capability of the
					 community and applicant 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 438 - Urban Cultural Park Projects › Section 438.3 - State urban cultural park system projects

Current through Register Vol. 46, No. 28, July 10, 2024
A development project undertaken in a State-owned
						environmental, cultural or recreational facility or site, which is within a
						designated urban cultural park and identified in an approved management plan,
						shall be eligible for funding.
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 438 - Urban Cultural Park Projects › Section 438.4 - Funding priorities

Current through Register Vol. 46, No. 28, July 10, 2024
Funds designated for use for urban cultural park purposes
						shall be allocated in accordance with the following priorities:
(a) first, urban cultural park
					 interpretive/visitor center facilities which serve as the primary
					 interpretive/visitor center for each UCP;
(b) second, additional urban cultural park
					 interpretive/visitor center facilities which supplement the facilities and
					 services provided in primary UCP interpretive/visitor center
					 facilities;
(c) third, local urban
					 cultural park resource projects; and
(d) fourth, State urban cultural park
					 resource 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 C - Environmental Protection Act › Part 439 - General Program Provisions › Section 439.1 - Authority and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations implement the Environmental Protection
						Act, title 9 of article 54 of the Environmental Conservation Law. In enacting
						the Environmental Protection Act, the New York State Legislature found that
						preservation, enhancement, restoration, improvement and stewardship of the
						State's environment are among the government's most fundamental obligations and
						that appropriate actions to make the State's invaluable natural and historic
						resources available for public use, enjoyment or benefit are key components of
						the environmental and social policy of the State. And, it further found the
						State has the capacity to protect the environment and public health, safety and
						welfare by providing assistance to State agencies, public benefit corporations,
						public authorities, municipalities and not-for-profit corporations for park,
						recreation, historic preservation or heritage area 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 C - Environmental Protection Act › Part 439 - General Program Provisions › Section 439.2 - 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)
					 Commissioner shall mean the Commissioner of Parks, Recreation and Historic
					 Preservation.
(b) Cost shall mean
					 engineering and architectural services, plans and specifications,
					 archaeological services, consultant and legal services, or other direct
					 expenses incident to such project.
(c) Facility shall mean any structure, site
					 or site improvement including paths, trails, roads, bridges, ramps and
					 buildings.
(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 county outside of the
					 city of New York, the county board of supervisors or other elective governing
					 body;
(2) in the case of a city or
					 village, the local legislative body thereof, as the term is defined in the
					 Municipal Home Rule Law;
(3) in the
					 case of a town, the town board;
(4)
					 in the case of a public benefit corporation, the board of directors, members or
					 trustees thereof;
(5) in the case
					 of a public authority, the governing board of directors, members or trustees
					 thereof;
(6) in the case of a
					 not-for-profit corporation, the board of directors thereof or such other body
					 designated in the certificate of incorporation to manage the corporation;
					 and
(7) in the case of an Indian
					 tribe, any governing body recognized by the United States or the State of New
					 York.
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 C - Environmental Protection Act › Part 439 - General Program Provisions › Section 439.3 - Allocation of funds

Current through Register Vol. 46, No. 28, July 10, 2024
The distribution of funds for park, historic preservation
						and heritage area projects shall be requested annually by the office for
						inclusion in the executive budget and action by the New York State
						Legislature.
(a) The commissioner
					 shall determine the types of projects to be funded from the allocation for each
					 fiscal year based on factors which shall include, but need not be limited to:
(1) demand as evidenced by number and type of
					 applications previously received for this and other grant programs administered
					 by the office;
(2) the Open Space
					 Conservation Plan, the Statewide Comprehensive Outdoor Recreation Plan and
					 other applicable planning documents;
(3) public comments and requests received by
					 the office or other appropriate evidence of need;
(4) the availability of other programs and
					 funding resources;
(5) allocations
					 for various types of projects in previous funding cycles;
(6) State and Federal mandates; and
(7) emergencies or disasters.
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 C - Environmental Protection Act › Part 440 - Provisions Relating To All Projects › Section 440.1 - General project requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In order to be eligible for State assistance under this
						Part, the entire project must be:
(a)
					 recommended to the commissioner by the governing body of the project sponsor or
					 where the project sponsor is a State agency, its chief executive; and
(b) located within the physical boundaries of
					 the State of New York.
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 C - Environmental Protection Act › Part 440 - Provisions Relating To All Projects › Section 440.2 - Not-for-profit corporation requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A not-for-profit corporation must
					 demonstrate to the satisfaction of the office that it is capable of operating
					 and maintaining the completed project for the benefit of the public. The
					 following documents will be required in the grant application to verify a
					 corporation's not-for-profit, tax-exempt status and provide evidence of such
					 capability:
(1) a copy of the corporation's
					 certificate of incorporation issued by the New York State Department of State
					 or the New York State Board of Regents; and
(2) a copy of a determination letter from the
					 United States Internal Revenue Service verifying the corporation's tax-exempt
					 status.
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 C - Environmental Protection Act › Part 440 - Provisions Relating To All Projects › Section 440.3 - Project sponsor's interest in real property for development projects

Current through Register Vol. 46, No. 28, July 10, 2024
If the project sponsor is not the sole owner of the
						unencumbered fee of land on which a development project will be undertaken, the
						following documents will be required to qualify the project sponsor's interest
						in the property for State assistance:
(a) except with respect to property owned by
					 the State, the agreement of the owner to execute the project agreement and
					 public benefit agreement as guarantor; and
(b) a copy of a lease, easement, contract or
					 memorandum of understanding which establishes to the satisfaction of the
					 commissioner that the project sponsor's interest in the property is of
					 sufficient duration and stability to assure that the project sponsor will be
					 able to comply with 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 C - Environmental Protection Act › Part 440 - Provisions Relating To All Projects › Section 440.4 - Funding provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except for projects undertaken by the office at State historic properties,
					 State assistance towards the cost of a project shall not exceed 50 percent of
					 the approved project cost, provided however, in the case of a project located
					 in an area which according to the most recent census data available has a
					 poverty rate of at least 10 percent for the year to which the data relates,
					 State assistance payments toward the cost of any such project shall in no event
					 exceed 75 percent of the approved project cost.
(b) For determining the amount of State
					 assistance available for the project, the cost of a project shall be the amount
					 approved by the commissioner. The State shall not be responsible for any
					 increases in the cost of the project.
(c) State assistance will be available on a
					 reimbursement basis. Project sponsors shall submit periodic invoices and
					 requests for payment as work is performed and costs incurred. The amount of
					 each State assistance payment will be in the same proportion as the State
					 assistance bears to total project cost.
(d) A project sponsor may request an advance
					 payment in an amount not to exceed 25 percent of the total amount of State
					 assistance for the project or the amount of match the project sponsor can
					 document at the time of the request, whichever is smaller.
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 C - Environmental Protection Act › Part 440 - Provisions Relating To All Projects › Section 440.5 - Project sponsor's match

Current through Register Vol. 46, No. 28, July 10, 2024
The project sponsor's match may consist of the
						following:
(a) the fair market value
					 in the project location of material which is procured by purchase or donation
					 during the project term or within three years prior to the application deadline
					 date;
(b) the fair market value in
					 the project location of equipment which is procured by purchase or donation
					 during the project term;
(c) rental
					 expenses incurred at customary rental rates for the use of equipment in
					 development and construction during the project term. The donated value at
					 customary rental rate of equipment will qualify if used during the project
					 term;
(d) the cost of labor
					 employed in project development and construction during the project
					 term;
(e) the cost of services,
					 including professional services, or the value of donated services provided
					 during the project term or within three years prior to the application deadline
					 date; and
(f) the fair market value
					 of real property or an interest in real property acquired by purchase or
					 donation during the project term or within one year prior to the application
					 deadline date. The value of previously owned lands converted from unrelated use
					 to project purposes may qualify as match only if such conversion occurred
					 during the project term or within one year prior to the application deadline
					 date. The value of real property shall be established by an appraisal in
					 accordance with section
					 440.6  of this
					 Part.
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 C - Environmental Protection Act › Part 440 - Provisions Relating To All Projects › Section 440.6 - Appraisals

Current through Register Vol. 46, No. 28, July 10, 2024
Appraisals shall be prepared according to the following
						requirements:
(a) Appraisals shall be
					 prepared by a qualified appraiser in accordance with the guidelines of the
					 office.
(b) Appraisers must either
					 be licensed or certified by the State of New York or appear on the New York
					 State Department of Transportation's list of qualified appraisers.
(c) Appraisals must be conducted no more than
					 12 months prior to the acquisition of the property by the project
					 sponsor.
(d) If the property is
					 valued at $300,000 or more, two appraisals must be obtained.
(e) If the property is valued at less than
					 $300,000, one appraisal is required.
(f) If the property is valued at less than
					 $25,000, a short-form appraisal may be used at the discretion of the
					 office.
(g) The office may change
					 appraisal requirements to conform to any guidelines which may be issued by the
					 State Comptroller.
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 C - Environmental Protection Act › Part 440 - Provisions Relating To All Projects › Section 440.7 - Application information and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Outreach and technical
					 services.
The office will provide outreach and technical services
						to assist project applicants in preparing applications that are complete and
						which address the commissioner's annual funding priorities. Applicants may
						contact the appropriate representative of the office to schedule a
						pre-application conference.
(b)
Performance timelines.
(1) The office and the project sponsor will
					 develop specific performance timelines for inclusion in the project agreement
					 that are feasible for the project sponsor and acceptable to the office.
					 Timelines will address the steps necessary to initiate, progress or complete a
					 project, including raising the project sponsor's match; submitting appraisals,
					 plans and specifications; obtaining permits or other approvals; submitting
					 documents necessary to verify compliance with article 15-A of Executive Law; or
					 submitting interim and final project reports.
(2) Timelines must provide that a development
					 project will be initiated no later than six months after a project agreement is
					 executed and approved by the State Comptroller, and completed no later than two
					 years subsequent to such approval. Acquisitions are required to be completed
					 within one year of the State Comptroller's approval of the project agreement.
					 The office may vary these timelines when it is deemed appropriate for a
					 particular project.
(3) The office,
					 in its discretion, may cancel projects which do not adhere to mutually
					 established timelines. Sponsors of projects which are so cancelled may reapply
					 in the next appropriate funding cycle.
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 C - Environmental Protection Act › Part 440 - Provisions Relating To All Projects › Section 440.8 - Rating criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 applications will be rated in accordance with the rating system established by
					 the commissioner. Criteria used to rate projects will generally include the
					 following:
(1) the extent to which the
					 project site has suffered from physical deterioration, decay, vandalism,
					 neglect or disinvestment or may be threatened with closure, demolition or
					 inappropriate development;
(2) the
					 relationship of the project to a local, regional and/or statewide planning
					 document or other assessment of need;
(3) the extent to which the project protects,
					 enhances or interprets natural, cultural or historic resources;
(4) the ability of the project sponsor to
					 initiate and complete the project on a timely basis and operate or maintain the
					 completed project; and
(5)
					 program-specific factors established for park, historic preservation and
					 heritage areas and found in sections
					 441.3,
					 442.4
					 and
					 443.3 
					 of this Title respectively.
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 C - Environmental Protection Act › Part 440 - Provisions Relating To All Projects › Section 440.9 - Review procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Within each program category, applications will be rated against applications
					 for similar projects.
(b) All
					 applications will receive staff review, including review at the regional level.
					 The final decision on all applications will be made by the
					 commissioner.
(c) In addition to
					 the rating criteria listed in section
					 440.8  of this
					 Part, the commissioner may consider the following factors in determining which
					 projects to fund:
(1) the geographic
					 distribution of other fundable projects in any given application
					 cycle;
(2) the extent to which the
					 project will maximize the use and accessibility of a facility;
(3) special engineering, environmental and
					 historic preservation concerns or benefits; and
(4) the past performance, if any, of the
					 project sponsor on previous projects, including its compliance with equal
					 employment opportunity and minority- and women-owned business enterprise
					 programs.
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 C - Environmental Protection Act › Part 440 - Provisions Relating To All Projects › Section 440.11 - Maintenance of effort

Current through Register Vol. 46, No. 28, July 10, 2024
Each recipient of funds made available under this
						Subchapter may be required to demonstrate to the satisfaction of the
						commissioner that the project will result in a net gain in public park,
						conservation, recreation, historic preservation or heritage area
						facilities.
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 C - Environmental Protection Act › Part 440 - Provisions Relating To All Projects › Section 440.12 - Alternate grant awards

Current through Register Vol. 46, No. 28, July 10, 2024
In a given funding cycle, applications which rate highly
						but for which insufficient funds are available may be selected as alternate
						grant awards. These applications may be retained by the office and may be used
						to select alternate projects to fund in the event that a project is cancelled
						by the office, abandoned by its sponsor or funds become otherwise
						available.
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 C - Environmental Protection Act › Part 441 - Park Projects › Section 441.1 - Eligibility criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Eligible projects shall include planning relating to or the structural
					 assessment, acquisition, improvement, development, preservation, restoration or
					 rehabilitation of lands, waters or structures for the use by all segments of
					 the population for park, recreation or conservation purposes.
(b) Eligible acquisition projects shall
					 include, but are not limited to, acquisition during the project term or within
					 one year prior to the application deadline date of a permanent easement in or
					 fee title to lands which:
(1) are appropriate
					 for use as parklands, metropolitan or shoreline parks, bikeways, trailways,
					 greenways, and/or waterway access;
(2) comprise buffer zones or viewsheds if, in
					 the opinion of the office, the acquisition is necessary to enhance or protect
					 the value of existing recreational or environmental resources; or
(3) contain natural, scenic or open space
					 resources that are unique, rare, or of statewide or regional
					 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 C - Environmental Protection Act › Part 441 - Park Projects › Section 441.2 - Supplemental application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the general application requirements
						listed in section
						440.7 
						of this Title, applications under this Part shall contain the following
						additional information:
(a) a project
					 site plan and a map which clearly shows the location of the proposed project
					 within the municipality;
(b)
					 photographs or images which show the current conditions of the project site as
					 directed by the office;
(c) the
					 approval/endorsement of the governing body of the municipality in which the
					 project will be located if the municipality is not the project sponsor;
					 and
(d) legislative authorization
					 for alienation if all or part of the park facility is being sold, leased,
					 exchanged, donated, disposed of or used for other than public park
					 purposes.
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 C - Environmental Protection Act › Part 441 - Park Projects › Section 441.3 - Supplemental rating criteria

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the criteria listed in section
						440.8  of this
						Title, the following criteria will be considered in rating park
						projects:
(a) the degree to which
					 local recreation, conservation or open space deficiencies will be addressed by
					 the project; and
(b) the degree to
					 which the project will primarily serve either a densely populated area where
					 recreational opportunities have sustained physical deterioration, decay,
					 neglect or disinvestment or an area where a substantial proportion of the
					 population is of low income or otherwise disadvantaged and underserved with
					 respect to existing recreational opportunities.
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 C - Environmental Protection Act › Part 441 - Park Projects › Section 441.4 - Public benefit provision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
					 assure that a sufficient public benefit shall accrue from the expenditure of
					 public funds where the park project involves a public-private partnership, the
					 commissioner shall consider the following eligibility and rating criteria in
					 addition to the criteria listed in Part 440.8 of this Title and section
					 441.3 
					 of this Part. The extent to which the project:
(1) replaces or improves an inadequate
					 facility or creates a new facility;
(2) provides 51 percent or greater public use
					 of and access to the facility for extended periods of time on a continuous or
					 regular basis during the year;
(3)
					 maximizes public use of and access to the facility during periods of peak
					 recreational demand;
(4) diverts
					 all or part of the facility to exclusive non-public use; and
(5) involves private funding for the project
					 sponsor match that is high (in value, expenses, or costs of labor or services)
					 in proportion to the approved total project cost.
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 C - Environmental Protection Act › Part 441 - Park Projects › Section 441.5 - 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 C - Environmental Protection Act › Part 442 - Historic Preservation Projects › Section 442.1 - 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 C - Environmental Protection Act › Part 442 - Historic Preservation Projects › Section 442.2 - 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 archeologist 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 C - Environmental Protection Act › Part 442 - Historic Preservation Projects › Section 442.3 - Supplemental application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the general application requirements found
						in section
						440.7 
						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 C - Environmental Protection Act › Part 442 - Historic Preservation Projects › Section 442.4 - Supplemental rating criteria

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the criteria listed in section
						440.8  of this
						Title, the following criteria will be considered in rating historic
						preservation projects:
(a) the
					 historic significance of the property in the national, State or local context;
					 and
(b) 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 C - Environmental Protection Act › Part 442 - Historic Preservation Projects › Section 442.5 - 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 commissioner 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 commissioner
						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 C - Environmental Protection Act › Part 443 - Heritage Area Projects › Section 443.1 - Eligibility criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Projects, sites or facilities must be identified in a heritage area management
					 plan which has been approved by the commissioner in accordance with section 35.05  of the Parks, Recreation and Historic Preservation Law.
(b) Consistent with the four heritage area
					 goals of preservation, education, economic development and recreation, projects
					 may be for the acquisition or development of historically or culturally
					 significant sites, districts, buildings, structures, objects or natural
					 features, or for the development of interpretive, recreational or informational
					 exhibits, materials and facilities which orient the visitor to the resources of
					 the local heritage area or to the State heritage area program.
(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, object or natural feature identified in a heritage area or management
					 plan.
(d) Eligible development
					 projects include, but are not limited to:
(1)
					 improvement, restoration, preservation, rehabilitation, reconstruction,
					 archaeological interpretation, or protection of sites, districts, buildings,
					 structures, facilities, objects 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 and maintenance of the
					 project;
(4) development and
					 installation of interpretive, recreational or theme-related facilities, areas,
					 greenways, trail systems, exhibits and signage and associated programs;
					 and
(5) development of buildings,
					 facilities, sites and associated programs 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 C - Environmental Protection Act › Part 443 - Heritage Area Projects › Section 443.2 - Supplemental application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the general application requirements
						listed in section
						440.7 
						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 the four heritage area program goals, and its role
					 in implementing the heritage area or urban cultural park's management
					 plan;
(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 C - Environmental Protection Act › Part 443 - Heritage Area Projects › Section 443.3 - Supplemental rating criteria

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the criteria found in section
						440.8  of this
						Title, the following criteria will be used to rate heritage area
						projects:
(a) the degree to which the
					 project addresses one or more of the four heritage area goals of preservation,
					 education, economic development and recreation;
(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 C - Environmental Protection Act › Part 443 - Heritage Area Projects › Section 443.4 - 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 residents of the heritage area community
					 or impose a fee for any use of and access to the project without the prior
					 written approval of the office;
(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
					 441.4(b) 
					 of this Title when the project sponsor is a municipality and the provisions of
					 section
					 441.4(c) 
					 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 V - Marine And Recreational Vehicles › Subchapter A - Motorboats › Part 444 - Registration of Vessels and Reports of Accidents › Section 444.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Person includes an individual, society,
					 club, firm, partnership, corporation, or association of persons, and the
					 singular number shall include the plural.
(b) Owner means the person who claims lawful
					 possession of a vessel by virtue of legal title or equitable interest therein
					 which entitles him to such possession.
(c) Vessel includes every description of
					 watercraft, other than a seaplane on the water, used or capable of being used
					 as a means of transportation on water.
(d) Public vessel shall mean and include
					 every vessel which is propelled in whole or in part by mechanical power and is
					 used or operated for commercial purposes on the navigable waters of the State,
					 that is either carrying passengers, carrying freight, towing, or for any other
					 use; for which a compensation is received either directly or where provided as
					 an accommodation, advantage, facility or privilege at any place of public
					 accommodation, resort or amusement.
(e) Pleasure vessel includes every vessel not
					 within the classification of public vessel.
(f) Accident shall mean any casualty
					 involving a vessel or vessels, including but not limited to collision,
					 capsizing, foundering, fire, explosion, disappearance of a vessel other than by
					 theft, or disappearance of any person from on board under circumstances which
					 indicate the possibility of death or injury.
(g) Reportable accident shall mean any
					 accident involving loss of life, personal injury, any property damage in excess
					 of $100, disappearance of a vessel other than by theft, or disappearance of any
					 person from on board under circumstances which indicate the possibility of
					 death or injury.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter A - Motorboats › Part 444 - Registration of Vessels and Reports of Accidents › Section 444.2 - Accident reporting and assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It shall be the duty of the operator of a
					 vessel involved in any accident as defined herein, so far as he can do so
					 without serious danger to his own vessel, crew and passengers, to render to
					 other persons affected by said accident such assistance as may be practicable
					 and as may be necessary in order to save them from or minimize any danger
					 caused by the occurrence. The operator shall exhibit his certificate of
					 registration and give his name, address, and identification of his vessel in
					 writing to any person injured and to the owner of any vessel or property
					 damaged. In the event the person injured or damaged cannot be located at the
					 place where the accident occurred, then said information and a description of
					 the accident shall be reported by the operator of the vessel within 24 hours to
					 the nearest police or local judicial officer.
(b) The operator of every vessel involved in
					 any reportable accident as defined herein shall, within seven days, file a
					 complete written report and description of the accident as provided
					 below.
(c) Accidents shall be
					 reported on forms provided by the Office of Parks, Recreation and Historic
					 Preservation for this purpose. Forms may be obtained at any police station or
					 regional office of the Office of Parks, Recreation and Historic
					 Preservation.
(d) Accident reports
					 must be filed in duplicate with the Office of Parks, Recreation and Historic
					 Preservation, Bureau of Marine and Recreational Vehicles, 625 Broadway, Albany,
					 NY 12233 and another copy shall be filed with the police agency in whose
					 jurisdiction the accident occurred.
(e) Every written accident report shall
					 contain the following information:
(1) numbers
					 and/or names of vessels involved;
(2) locality where accident
					 occurred;
(3) time and date when
					 accident occurred;
(4) name,
					 address, age and boat-operating experience of operator of reporting
					 vessel;
(5) weather and sea
					 condition at time of accident;
(6)
					 names and addresses of operators of other vessels involved;
(7) names and addresses of owners of vessels
					 or property involved;
(8) names and
					 addresses of any person or persons injured or killed;
(9) nature and extent of injury to any person
					 or persons;
(10) description of
					 damage to property (including vessels) and estimated cost of repairs;
(11) description of accident (including
					 opinions as to causes);
(12)
					 length, propulsion, horsepower, fuel and construction of reporting
					 vessel;
(13) names and addresses of
					 known witnesses;
(14) signature of
					 person reporting.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter A - Motorboats › Part 444 - Registration of Vessels and Reports of Accidents › Section 444.3 to 444.10 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024