N.Y. Environmental Conservation Law § 56-0309: Park, historic preservation and heritage area projects

§ 56-0309. Park, historic preservation and heritage area projects.

1. For purposes of this section "commissioner" means the commissioner

of the office of parks, recreation and historic preservation.

2. Park projects and historic preservation projects may be undertaken

by the office pursuant to the provisions of this article and other

applicable provisions of law pursuant to the approval of the

commissioner.

3. All historic preservation projects, park projects and heritage

area projects shall be undertaken in the state of New York. Except for

projects undertaken by the state, the total amount of the state

assistance payments toward the cost of any such project shall not exceed

fifty percent of the cost. For the purpose of determining the amount of

the state assistance payments, the cost of the project shall not be more

than the amount set forth in the application for state assistance

payments approved by the commissioner. Park and heritage area projects

shall develop, expand, or enhance public access to water bodies, promote

water based recreation, or enhance the natural, cultural, or historic

aspects of water bodies.

4. The commissioner and a municipality may enter into a contract for

the undertaking by the municipality of an historic preservation project.

Such historic preservation projects shall be recommended to the

commissioner by the governing body of the municipality and, when

approved by the commissioner, may be undertaken by the municipality

pursuant to this title and any other applicable provision of law.

5. The commissioner and a not-for-profit corporation may enter into a

contract for the undertaking by the not-for-profit corporation of an

historic preservation project. Such a historic preservation project

shall be recommended to the commissioner by the governing body of a

not-for-profit corporation which demonstrates to the satisfaction of the

commissioner that it is capable of operating and maintaining such

property for the benefit of the public. Upon approval by the

commissioner, such project may be undertaken pursuant to the provisions

of this title and any other applicable provision of law.

6. The commissioner and a municipality may enter into a contract for

the undertaking by the municipality of a park project. Such park

projects shall be recommended to the commissioner by the governing body

of the municipality, and when approved by the commissioner, may be

undertaken by the municipality pursuant to this title and any other

applicable provisions of law. The office shall also assess existing

parks and recreational opportunities in the municipalities where the

park project is located and shall give preference to projects which are

in or primarily serve areas where demographic and other relevant data

for such areas demonstrate that the areas are densely populated and have

sustained physical deterioration, decay, neglect or disinvestment, or

where a substantial proportion of the residential population is of low

income or is otherwise disadvantaged and is underserved with respect to

the existing recreational opportunities in the area.

7. The commissioner and a not-for-profit corporation may enter into a

contract for the undertaking by the not-for-profit corporation of a park

project on behalf of a municipality. Such a contract shall be contingent

upon the approval of the governing body of each municipality in which

the project is located. Such a project shall be recommended to the

commissioner by the governing body of a not-for-profit corporation which

demonstrates to the satisfaction of the commissioner that it is capable

of operating and maintaining such project for the benefit of the public.

Upon approval by the commissioner, such project may be undertaken

pursuant to the provisions of this title and any other applicable

provision of law. The office shall assess existing parks and

recreational opportunities in the municipalities where the park project

is located and shall give preference to projects which are in or

primarily serve areas where demographic and other relevant data for such

areas demonstrate that the areas are densely populated and have

sustained physical deterioration, decay, neglect or disinvestment, or

where a substantial proportion of the residential population is of low

income or is otherwise disadvantaged and is underserved with respect to

the existing recreational opportunities in the area.

8. The commissioner and a municipality, public benefit corporation or

not-for-profit corporation may enter into a contract, subject to the

approval of the director of the budget, for the undertaking by or

through the municipality, public benefit corporation or not-for-profit

corporation of a heritage area project including parkwide and district

projects identified in a management plan prepared pursuant to section

35.05 of the parks, recreation and historic preservation law. Such

projects shall be subject to an agreement by the heritage area

management entity to operate or cause to be operated any public facility

resulting from such project.

9. A municipality which acquires, develops, improves, restores or

rehabilitates property with funds made available pursuant to this title

may establish reasonable rules and regulations by local law or otherwise

to assure the proper administration and development thereof, provided

that no such rule or regulation which restricts the use of such lands or

facilities by non-residents of the municipality shall be effective

without the approval of the commissioner.

10. The commissioner shall impose such contractual requirements and

conditions upon any municipality and any not-for-profit corporation

which receive state assistance payments pursuant to this title as may be

necessary and appropriate to ensure that a public benefit shall accrue

from the use of public funds by such municipality or not-for-profit

corporation. Such conditions shall include limitations on the right of

the municipality or not-for-profit corporation to demolish or convey

such property, provisions for public access or use where appropriate,

the granting of facade easements to the state, a requirement that all

plans for restoration, rehabilitation, improvement, demolition or other

physical change must be subject to the commissioner's approval, and such

other conditions which shall assure the preservation and protection of

the project.

11. Any not-for-profit corporation which receives state assistance

payments pursuant to this section for the acquisition of land for

outdoor recreation or conservation purposes shall execute a contract

with the commissioner which shall include the following:

(a) An agreement to make and keep the lands accessible to the public

unless the not-for-profit corporation can demonstrate to the

commissioner's satisfaction that public accessibility would be

detrimental to the lands or any natural resources associated therewith;

(b) An agreement not to sell, lease, exchange or donate the lands

except to the state, a local government unit or another qualifying tax

exempt non-profit organization for recreation and conservation purposes

consistent with this title and approved by the commissioner; and

(c) An agreement to execute and convey to the state at no charge a

conservation easement, pursuant to title three of article forty-nine of

this chapter, over the lands to be acquired with state assistance

payments.

12. Real property acquired, developed, improved, restored or

rehabilitated by or through a municipality for park projects undertaken

pursuant to this section with funds made available pursuant to this

section shall not be sold, leased, exchanged, donated or otherwise

disposed of or used for other than public park purposes without the

express authority of an act of the legislature, which shall provide for

the substitution of other lands of equal environmental value and fair

market value and reasonably equivalent usefulness and location to those

to be discontinued, sold or disposed of, and such other requirements as

shall be approved by the commissioner.

13. Real property acquired by a not-for-profit organization with funds

made available pursuant to this section for park projects undertaken

pursuant to this section shall not be used in violation of an agreement

entered into pursuant to this section, or sold, leased, exchanged,

donated or otherwise disposed of without the express authority of an act

of the legislature.

14. The commissioner shall adopt, prior to the acceptance of

applications for park, historic preservation and heritage area projects,

rules and regulations which shall include eligibility requirements,

application procedures, office ranking and review processes, project

approval guidelines and criteria, and funding distribution necessary for

all state assistance payment programs established pursuant to this

title.

15. Notwithstanding any other provision of law, no state assistance

payment under this article may be applied, with respect to any project

located within the area of New York county bounded by (a) the northern

boundary of Fifty-ninth street and Fifty-ninth street extended; (b) the

United States pierhead line; (c) the northern boundary of the area known

as Battery Park City; and (d) eight hundred feet inland easterly from

the United States bulkhead line:

(i) for, other than for recreational use or access inland of the

existing bulkhead line, any roads, bridges, ramps or parking facilities

or sewers or water mains;

(ii) for any site improvement, including sewers, or water mains, to

support residential, industrial or commercial development;

(iii) to excavate, place fill or plantings in, or place any piling,

platform or structure, including a floating structure, in the Hudson

river; or

(iv) to plan, evaluate or study any project involving such excavation

or placement as described in subparagraph (iii) of this paragraph; and

provided further that no contract, or subcontract, with a public benefit

corporation, public authority, or any other person or entity, or

municipality other than the city of New York shall be entered into for

any state assistance payments under this article with respect to any

project, or portion thereof, located in the area described in this

subdivision without the affirmative approval of the community board or

boards wherein the project, or portion thereof, will be located.

16. Notwithstanding the provisions of this section, moneys received

from the sale of bonds pursuant to the Clean Water/Clean Air Bond Act of

1996, and available for disbursements for projects developed pursuant to

this section, shall also be available for state assistance payments to

municipalities and not-for-profit corporations for the capital cost of

projects described in subdivision nine of section 44-0119 of this

chapter and subject to the review delineated in subdivision ten of

section 44-0119 of this chapter. Such monies shall be subject to

appropriation.