N.Y. Environmental Conservation Law § 44-0119: Greenway compact

§ 44-0119. Greenway compact.

1. The council shall guide and support a cooperative planning process

to establish a voluntary regional compact among the counties, cities,

towns and villages of the greenway to further the recommended criteria

of natural and cultural resource protection, conservation and management

of renewable natural resources, regional planning, economic development,

public access and heritage education.

2. Initially, the council shall offer technical assistance from the

conservancy and state agencies to the riverside communities in attaining

the goal of establishing and having maximum effective implementation of

local planning and zoning through natural and cultural resources

inventories, the adoption of a comprehensive zoning ordinance or local

law, master plan, site plan and subdivision plat review consistent with

the greenway criteria. The council shall also encourage the use of

cluster zoning, historic preservation ordinances, transfer of

development rights, conservation easements, designation of critical

environmental areas and other zoning techniques where appropriate to

attain local planning and environmental objectives and participation in

the coastal management program and the state urban cultural park

program. The council and the conservancy may each, consistent with their

respective responsibilities as provided in this article, enter into

contracts not to exceed fifty percent of project cost with riverside

communities and in consultation with appropriate state agencies for

purposes of administrating grants pursuant to this subdivision

including, but not limited to, grants to conduct natural and cultural

resources inventories, prepare or update a master plan, a zoning

ordinance, a transfer of development rights ordinance, a local

government waterfront revitalization program, an urban cultural park

feasibility study or management plan or a tourism development

feasibility study or plan. Any community which receives a grant pursuant

to this subdivision may, at the discretion of the council or the

conservancy, contribute its fifty percent of the project cost in the

form of an in kind or other non-monetary contribution.

3. Not later than four years after the effective date of this article,

the council shall convene meetings of the chief elected officials of

counties, cities, towns and villages or their designated representatives

for each of the subregional districts designated by the council. Such

officials in each district shall organize to prepare, or cause to be

prepared within twenty-four months, a comprehensive regional plan for

their district to be submitted to the council. The conservancy shall

offer technical assistance in preparation of such plans and amendments

thereof. Within funds available therefor, the council shall grant funds

to meet the cost of each regional plan and amendments thereof. Each such

regional plan shall address the greenway criteria and the objectives

adopted by the council by provisions including, but not limited to,

identifying developments of regional impact and areas of regional

concern including, but not limited to identifying necessary public

facilities and infrastructure consistent with such criteria and

objectives and providing for the voluntary adoption by action of a local

legislative body and implementation of relevant provisions by each

participating county, city, town and village. The council shall review

each regional plan for its consistency with the greenway criteria and

objectives and to assure that the regional plans conform to establish an

overall greenway compact. Upon finding such consistency and conformance,

the council shall approve the regional plan and, upon approving all the

regional plans, shall produce an overall greenway plan to be known as

the compact. If the local officials in any district fail to produce a

regional plan for their district or submit such plan which the council

cannot approve, the council may prepare or cause to be prepared a

district plan which cities, towns and villages in such district may

voluntarily adopt by local law to become participating communities. The

council's actions shall not be inconsistent with the requirements of

article forty-two of the executive law in approving any regional plan.

4. Upon approval by the council of a regional plan, each county, city,

town or village within the district for which the plan was prepared and

which adopted the plan by its local legislative body shall become a

participating community in the greenway compact by adopting the regional

plan as provided in such plan.

4-a. Notwithstanding any other provision of this article, the mayor of

the city of New York may submit those portions of such city's waterfront

revitalization program, prepared pursuant to article forty-two of the

executive law and adopted through the process for the adoption and

amendment of plans contained in the charter of such city, as such

program applies to areas within the greenway, as the regional plan for

the region comprised of the areas of Bronx and New York counties

designated pursuant to section 44-0109 of this article. The mayor of

such city may submit amendments to such regional plan adopted through

the process for the adoption and amendment of plans contained in the

charter of such city. Any such plan or amendment thereof submitted

pursuant to this subdivision shall be deemed to have been approved

pursuant to this section and, upon submission of such plan, the areas of

the city of New York designated pursuant to section 44-0109 of this

article and which are also included within such plan shall be deemed to

be a participating community and, unless otherwise specified, the mayor

of such city shall exercise the authority granted to such participating

community. Solely for purposes of subdivision five of this section the

plan submitted by the city of New York pursuant to this section and any

amendments thereto shall not be deemed a generic environmental impact

statement or regional plan.

4-b. Nothing contained in this article shall be deemed to affect,

impair or supersede the provisions of any city charter, local law, rule

or other local requirements and procedures heretofore or hereafter

adopted, including, but not limited to, any such provisions relating to

the zoning and use of land.

5. A regional plan prepared consistent with the procedures of section

8-0109 of this chapter relating to the preparation and contents of an

environmental impact statement shall be considered a generic

environmental impact statement. Actions proposed in conformance with the

conditions and thresholds established in such regional plan will require

no further compliance with article eight of this chapter.

6. Notwithstanding any other provision of law, any state agency may

provide in implementing a ranking system for allocating funds for

infrastructure, land acquisition or park assistance projects a

preference not to exceed the equivalent of an advantage of five percent

for such projects which are identified in a regional plan approved

pursuant to this section.

* 7. For each such participating community there shall be indemnity

from the state in the event of legal actions brought against the

community or its agents that may result from the community's acquisition

of land consistent with its regional plan or the adoption or

implementation of any land use control including, but not limited to, a

zoning law or ordinance. Such indemnity shall not apply to the counties

of New York and Bronx for such legal actions brought as a result of New

York City's adoption of a regional plan or amendments thereto pursuant

to subdivision four-a of this section. Such indemnity shall apply to the

extent that any such claim exceeds the insurance coverage obtained by

the council pursuant to subdivision twenty-three of section 44-0107 of

this article; provided, however, such indemnity shall not apply to any

such claim that results from intentional wrongdoing, recklessness, gross

negligence or an unlawful discriminatory practice as provided in

subdivisions two, two-a, three-b, four, paragraphs (a) and (b) of

subdivision five and subdivisions six, seven, fourteen and eighteen of

section two hundred ninety-six of the executive law and 42 U.S.C. § §

1981, 1983 by such community or its agents. In any claim against a

participating community of unlawful discriminatory practice, the

attorney general shall not represent the defendant or defendants;

provided, however, that if the plaintiff is not the prevailing party,

the defendant or defendants shall be reimbursed by the state for all

reasonable attorneys' fees and litigation expenses incurred in the

defense of the action.

* NB Repealed December 31, 2027

8. Pursuant to a chapter of the laws of New York to be enacted,

authority shall be granted for a community to utilize other innovative

zoning techniques in carrying out the compact.

9. In addition to any other funds available from the state,

participating communities and nonprofit entities designated by such

communities shall be eligible for capital, program and planning matching

grants from the council and the conservancy including, but not limited

to grants for municipal historic preservation projects to acquire,

restore or rehabilitate property listed on the state or national

registers of historic places or for educational programs related to such

historic places, municipal park projects for the acquisition,

development or improvement of recreational facilities or the acquisition

of land for open space conservation and management of renewable natural

resources and natural resource protection including the preservation of

endangered species and their natural communities, waterfront

revitalization projects to acquire land for public access to the Hudson

river or to protect river resources or to clear waterfront sites for

public or private water dependent uses or to develop, improve or

rehabilitate water dependent or waterfront facilities including wharfs

and piers, consistent with a local waterfront revitalization program,

urban cultural park projects for planning, program, acquisition or

development consistent with the purposes of article thirty-five of the

parks, recreation and historic preservation law, tourism marketing

projects, development and commercial revitalization and community

development programs and projects, natural resources inventories,

agriculture preservation projects and public and private infrastructure

improvement related to the development of the greenway trail, from money

appropriated from the Hudson river valley greenway fund. The state share

of the cost of such projects shall not exceed fifty percent of the total

project cost. Such grants shall be made by the council and the

conservancy consistent with their respective responsibilities as

provided in this article. The council and conservancy shall enter into

contracts with participating communities and in consultation with

appropriate state agencies for the purpose of administering these

grants.

10. The council and conservancy shall create a committee comprised of

three members from each who shall establish a procedure by which other

grants not delineated herein, which are consistent with the greenway

criteria, shall be made.

11. Notwithstanding any other provision of law, participating

communities shall be eligible to take part in and receive grants and

loans from the urban development corporation's urban and community

development program and regional economic development program.

12. The council may, after holding a public hearing in the appropriate

district, withdraw its approval of a regional plan where it finds that

there has been a significant failure to implement such plan by a

majority of the participating counties, cities, towns and villages

within the district. When approval has been withdrawn from a regional

plan, the communities therein may not have the benefits of participating

communities pursuant to subdivisions five through nine of this section.

The council shall report such withdrawal of approval to the governor and

the legislature stating the reasons for such action consistent with

subdivisions one through six of this section.

13. The council may promulgate rules and regulations providing for

maintaining and updating the compact.