§ 54-0903 — Approval and execution of projects

§ 54-0903. Approval and execution of projects.\n 1. State historic preservation projects may be undertaken pursuant to\nthe provisions of this article and other applicable provisions of law\nonly with the approval of the commissioner.\n 2. All historic preservation projects, municipal park projects and\nheritage area projects shall be undertaken in the state of New York.\nExcept for state projects undertaken by the office at state historic\nproperties, the total amount of the state assistance payments toward the\ncost of any such project shall in no event exceed fifty percent of the\ncost, provided however, that in the case of a project located in an area\nwhich, according to the most recent census data available, has a poverty\nrate of at least ten percent for the year to which the data relates,\nstate assistance payments toward the cost of any such project shall in\nno event exceed seventy-five percent of the cost. For the purpose of\ndetermining the amount of the state assistance payments, the cost of the\nproject shall not be more than the amount set forth in the application\nfor state assistance payments approved by the commissioner. The state\nassistance payments toward the cost of a project shall be paid on audit\nand warrant of the state comptroller on a certificate of availability of\nthe director of the budget.\n 3. a. The commissioner and a municipality may enter into a contract\nfor the undertaking by the municipality of an historic preservation\nproject. Such historic preservation projects shall be recommended to\nthe commissioner by the governing body of the municipality and, when\napproved by the commissioner, may be undertaken by the municipality\npursuant to this title and any other applicable provision of law.\n b. The commissioner and a not-for-profit corporation may enter into a\ncontract for the undertaking by the not-for-profit corporation of an\nhistoric preservation project. Such an historic preservation project\nshall be recommended to the commissioner by the governing body of a\nnot-for-profit corporation which demonstrates to the satisfaction of the\ncommissioner that it is capable of operating and maintaining such\nproperty for the benefit of the public. Upon approval by the\ncommissioner, such project may be undertaken pursuant to the provisions\nof this title and any other applicable provision of law.\n 4. a. The commissioner and a municipality may enter into a contract\nfor the undertaking by the municipality of a municipal park project.\nMunicipal park projects shall be recommended to the commissioner by the\ngoverning body of the municipality, and when approved by the\ncommissioner, may be undertaken by the municipality pursuant to this\ntitle and any other applicable provisions of law. The office shall\nassess existing parks and recreational opportunities in the\nmunicipalities where the municipal park project is located and shall\ngive preference to projects which are in or primarily serve areas where\ndemographic and other relevant data for such areas demonstrate that the\nareas are densely populated and have sustained physical deterioration,\ndecay, neglect or disinvestment, or where a substantial proportion of\nthe residential population is of low income or is otherwise\ndisadvantaged and is underserved with respect to the existing\nrecreational opportunities in the area.\n b. The commissioner and a not-for-profit corporation may enter into a\ncontract for the undertaking by the not-for-profit corporation of a\nmunicipal park project. Such a contract shall be contingent upon the\napproval of the governing body of each municipality in which the project\nis located. Such a project shall be recommended to the commissioner by\nthe governing body of a not-for-profit corporation which demonstrates to\nthe satisfaction of the commissioner that it is capable of operating and\nmaintaining such project for the benefit of the public. Upon approval by\nthe commissioner, such project may be undertaken pursuant to the\nprovisions of this title and any other applicable provision of law. The\noffice shall assess existing parks and recreational opportunities in the\nmunicipalities where the municipal park project is located and shall\ngive preference to projects which are in or primarily serve areas where\ndemographic and other relevant data for such areas demonstrate that the\nareas are densely populated and have sustained physical deterioration,\ndecay, neglect or disinvestment, or where a substantial proportion of\nthe residential population is of low income or is otherwise\ndisadvantaged and is underserved with respect to the existing\nrecreational opportunities in the area.\n 5. The commissioner and a municipality, public benefit corporation or\nnot-for-profit corporation may enter into a contract, subject to the\napproval of the director of the budget, for the undertaking by or\nthrough the municipality, public benefit corporation or not-for-profit\ncorporation of a local heritage area or urban cultural park project\nincluding parkwide and district projects identified in a management plan\nprepared pursuant to section 35.05 of the parks, recreation and historic\npreservation law. Such projects shall be subject to an agreement by the\nlocal heritage area or urban cultural park management entity to operate\nor cause to be operated any public facility resulting from such project.\n 6. No monies shall be expended for park, recreation and historic\npreservation projects except pursuant to an appropriation therefor.\n