§ 44-0119 — Greenway compact

New York § 44-0119

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Art. 44: Hudson River Valley Greenway

Text

§ 44-0119. Greenway compact.\n 1. The council shall guide and support a cooperative planning process\nto establish a voluntary regional compact among the counties, cities,\ntowns and villages of the greenway to further the recommended criteria\nof natural and cultural resource protection, conservation and management\nof renewable natural resources, regional planning, economic development,\npublic access and heritage education.\n 2. Initially, the council shall offer technical assistance from the\nconservancy and state agencies to the riverside communities in attaining\nthe goal of establishing and having maximum effective implementation of\nlocal planning and zoning through natural and cultural resources\ninventories, the adoption of a comprehensive zoning ordinance or local\nlaw, master plan, site plan and subdivision plat review consistent with\nthe greenway criteria. The council shall also encourage the use of\ncluster zoning, historic preservation ordinances, transfer of\ndevelopment rights, conservation easements, designation of critical\nenvironmental areas and other zoning techniques where appropriate to\nattain local planning and environmental objectives and participation in\nthe coastal management program and the state urban cultural park\nprogram. The council and the conservancy may each, consistent with their\nrespective responsibilities as provided in this article, enter into\ncontracts not to exceed fifty percent of project cost with riverside\ncommunities and in consultation with appropriate state agencies for\npurposes of administrating grants pursuant to this subdivision\nincluding, but not limited to, grants to conduct natural and cultural\nresources inventories, prepare or update a master plan, a zoning\nordinance, a transfer of development rights ordinance, a local\ngovernment waterfront revitalization program, an urban cultural park\nfeasibility study or management plan or a tourism development\nfeasibility study or plan. Any community which receives a grant pursuant\nto this subdivision may, at the discretion of the council or the\nconservancy, contribute its fifty percent of the project cost in the\nform of an in kind or other non-monetary contribution.\n 3. Not later than four years after the effective date of this article,\nthe council shall convene meetings of the chief elected officials of\ncounties, cities, towns and villages or their designated representatives\nfor each of the subregional districts designated by the council. Such\nofficials in each district shall organize to prepare, or cause to be\nprepared within twenty-four months, a comprehensive regional plan for\ntheir district to be submitted to the council. The conservancy shall\noffer technical assistance in preparation of such plans and amendments\nthereof. Within funds available therefor, the council shall grant funds\nto meet the cost of each regional plan and amendments thereof. Each such\nregional plan shall address the greenway criteria and the objectives\nadopted by the council by provisions including, but not limited to,\nidentifying developments of regional impact and areas of regional\nconcern including, but not limited to identifying necessary public\nfacilities and infrastructure consistent with such criteria and\nobjectives and providing for the voluntary adoption by action of a local\nlegislative body and implementation of relevant provisions by each\nparticipating county, city, town and village. The council shall review\neach regional plan for its consistency with the greenway criteria and\nobjectives and to assure that the regional plans conform to establish an\noverall greenway compact. Upon finding such consistency and conformance,\nthe council shall approve the regional plan and, upon approving all the\nregional plans, shall produce an overall greenway plan to be known as\nthe compact. If the local officials in any district fail to produce a\nregional plan for their district or submit such plan which the council\ncannot approve, the council may prepare or cause to be prepared a\ndistrict plan which cities, towns and villages in such district may\nvoluntarily adopt by local law to become participating communities. The\ncouncil's actions shall not be inconsistent with the requirements of\narticle forty-two of the executive law in approving any regional plan.\n 4. Upon approval by the council of a regional plan, each county, city,\ntown or village within the district for which the plan was prepared and\nwhich adopted the plan by its local legislative body shall become a\nparticipating community in the greenway compact by adopting the regional\nplan as provided in such plan.\n 4-a. Notwithstanding any other provision of this article, the mayor of\nthe city of New York may submit those portions of such city's waterfront\nrevitalization program, prepared pursuant to article forty-two of the\nexecutive law and adopted through the process for the adoption and\namendment of plans contained in the charter of such city, as such\nprogram applies to areas within the greenway, as the regional plan for\nthe region comprised of the areas of Bronx and New York counties\ndesignated pursuant to section 44-0109 of this article. The mayor of\nsuch city may submit amendments to such regional plan adopted through\nthe process for the adoption and amendment of plans contained in the\ncharter of such city. Any such plan or amendment thereof submitted\npursuant to this subdivision shall be deemed to have been approved\npursuant to this section and, upon submission of such plan, the areas of\nthe city of New York designated pursuant to section 44-0109 of this\narticle and which are also included within such plan shall be deemed to\nbe a participating community and, unless otherwise specified, the mayor\nof such city shall exercise the authority granted to such participating\ncommunity. Solely for purposes of subdivision five of this section the\nplan submitted by the city of New York pursuant to this section and any\namendments thereto shall not be deemed a generic environmental impact\nstatement or regional plan.\n 4-b. Nothing contained in this article shall be deemed to affect,\nimpair or supersede the provisions of any city charter, local law, rule\nor other local requirements and procedures heretofore or hereafter\nadopted, including, but not limited to, any such provisions relating to\nthe zoning and use of land.\n 5. A regional plan prepared consistent with the procedures of section\n8-0109 of this chapter relating to the preparation and contents of an\nenvironmental impact statement shall be considered a generic\nenvironmental impact statement. Actions proposed in conformance with the\nconditions and thresholds established in such regional plan will require\nno further compliance with article eight of this chapter.\n 6. Notwithstanding any other provision of law, any state agency may\nprovide in implementing a ranking system for allocating funds for\ninfrastructure, land acquisition or park assistance projects a\npreference not to exceed the equivalent of an advantage of five percent\nfor such projects which are identified in a regional plan approved\npursuant to this section.\n * 7. For each such participating community there shall be indemnity\nfrom the state in the event of legal actions brought against the\ncommunity or its agents that may result from the community's acquisition\nof land consistent with its regional plan or the adoption or\nimplementation of any land use control including, but not limited to, a\nzoning law or ordinance. Such indemnity shall not apply to the counties\nof New York and Bronx for such legal actions brought as a result of New\nYork City's adoption of a regional plan or amendments thereto pursuant\nto subdivision four-a of this section. Such indemnity shall apply to the\nextent that any such claim exceeds the insurance coverage obtained by\nthe council pursuant to subdivision twenty-three of section 44-0107 of\nthis article; provided, however, such indemnity shall not apply to any\nsuch claim that results from intentional wrongdoing, recklessness, gross\nnegligence or an unlawful discriminatory practice as provided in\nsubdivisions two, two-a, three-b, four, paragraphs (a) and (b) of\nsubdivision five and subdivisions six, seven, fourteen and eighteen of\nsection two hundred ninety-six of the executive law and 42 U.S.C. § §\n1981, 1983 by such community or its agents. In any claim against a\nparticipating community of unlawful discriminatory practice, the\nattorney general shall not represent the defendant or defendants;\nprovided, however, that if the plaintiff is not the prevailing party,\nthe defendant or defendants shall be reimbursed by the state for all\nreasonable attorneys' fees and litigation expenses incurred in the\ndefense of the action.\n * NB Repealed December 31, 2027\n 8. Pursuant to a chapter of the laws of New York to be enacted,\nauthority shall be granted for a community to utilize other innovative\nzoning techniques in carrying out the compact.\n 9. In addition to any other funds available from the state,\nparticipating communities and nonprofit entities designated by such\ncommunities shall be eligible for capital, program and planning matching\ngrants from the council and the conservancy including, but not limited\nto grants for municipal historic preservation projects to acquire,\nrestore or rehabilitate property listed on the state or national\nregisters of historic places or for educational programs related to such\nhistoric places, municipal park projects for the acquisition,\ndevelopment or improvement of recreational facilities or the acquisition\nof land for open space conservation and management of renewable natural\nresources and natural resource protection including the preservation of\nendangered species and their natural communities, waterfront\nrevitalization projects to acquire land for public access to the Hudson\nriver or to protect river resources or to clear waterfront sites for\npublic or private water dependent uses or to develop, improve or\nrehabilitate water dependent or waterfront facilities including wharfs\nand piers, consistent with a local waterfront revitalization program,\nurban cultural park projects for planning, program, acquisition or\ndevelopment consistent with the purposes of article thirty-five of the\nparks, recreation and historic preservation law, tourism marketing\nprojects, development and commercial revitalization and community\ndevelopment programs and projects, natural resources inventories,\nagriculture preservation projects and public and private infrastructure\nimprovement related to the development of the greenway trail, from money\nappropriated from the Hudson river valley greenway fund. The state share\nof the cost of such projects shall not exceed fifty percent of the total\nproject cost. Such grants shall be made by the council and the\nconservancy consistent with their respective responsibilities as\nprovided in this article. The council and conservancy shall enter into\ncontracts with participating communities and in consultation with\nappropriate state agencies for the purpose of administering these\ngrants.\n 10. The council and conservancy shall create a committee comprised of\nthree members from each who shall establish a procedure by which other\ngrants not delineated herein, which are consistent with the greenway\ncriteria, shall be made.\n 11. Notwithstanding any other provision of law, participating\ncommunities shall be eligible to take part in and receive grants and\nloans from the urban development corporation's urban and community\ndevelopment program and regional economic development program.\n 12. The council may, after holding a public hearing in the appropriate\ndistrict, withdraw its approval of a regional plan where it finds that\nthere has been a significant failure to implement such plan by a\nmajority of the participating counties, cities, towns and villages\nwithin the district. When approval has been withdrawn from a regional\nplan, the communities therein may not have the benefits of participating\ncommunities pursuant to subdivisions five through nine of this section.\nThe council shall report such withdrawal of approval to the governor and\nthe legislature stating the reasons for such action consistent with\nsubdivisions one through six of this section.\n 13. The council may promulgate rules and regulations providing for\nmaintaining and updating the compact.\n