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

§ 56-0309. Park, historic preservation and heritage area projects.\n 1. For purposes of this section "commissioner" means the commissioner\nof the office of parks, recreation and historic preservation.\n 2. Park projects and historic preservation projects may be undertaken\nby the office pursuant to the provisions of this article and other\napplicable provisions of law pursuant to the approval of the\ncommissioner.\n 3. All historic preservation projects, park projects and heritage\narea projects shall be undertaken in the state of New York. Except for\nprojects undertaken by the state, the total amount of the state\nassistance payments toward the cost of any such project shall not exceed\nfifty percent of the cost. For the purpose of determining the amount of\nthe state assistance payments, the cost of the project shall not be more\nthan the amount set forth in the application for state assistance\npayments approved by the commissioner. Park and heritage area projects\nshall develop, expand, or enhance public access to water bodies, promote\nwater based recreation, or enhance the natural, cultural, or historic\naspects of water bodies.\n 4. The commissioner and a municipality may enter into a contract for\nthe undertaking by the municipality of an historic preservation project.\nSuch historic preservation projects shall be recommended to the\ncommissioner 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 5. 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 a 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 6. The commissioner and a municipality may enter into a contract for\nthe undertaking by the municipality of a park project. Such park\nprojects shall be recommended to the commissioner by the governing body\nof the municipality, and when approved by the commissioner, may be\nundertaken by the municipality pursuant to this title and any other\napplicable provisions of law. The office shall also assess existing\nparks and recreational opportunities in the municipalities where the\npark project is located and shall give preference to projects which are\nin or primarily serve areas where demographic and other relevant data\nfor such areas demonstrate that the areas are densely populated and have\nsustained physical deterioration, decay, neglect or disinvestment, or\nwhere a substantial proportion of the residential population is of low\nincome or is otherwise disadvantaged and is underserved with respect to\nthe existing recreational opportunities in the area.\n 7. The commissioner and a not-for-profit corporation may enter into a\ncontract for the undertaking by the not-for-profit corporation of a park\nproject on behalf of a municipality. Such a contract shall be contingent\nupon the approval of the governing body of each municipality in which\nthe project is located. Such a project shall be recommended to the\ncommissioner by the governing body of a not-for-profit corporation which\ndemonstrates to the satisfaction of the commissioner that it is capable\nof operating and maintaining such project for the benefit of the public.\nUpon approval by the commissioner, such project may be undertaken\npursuant to the provisions of this title and any other applicable\nprovision of law. The office shall assess existing parks and\nrecreational opportunities in the municipalities where the park project\nis located and shall give preference to projects which are in or\nprimarily serve areas where demographic and other relevant data for such\nareas demonstrate that the areas are densely populated and have\nsustained physical deterioration, decay, neglect or disinvestment, or\nwhere a substantial proportion of the residential population is of low\nincome or is otherwise disadvantaged and is underserved with respect to\nthe existing recreational opportunities in the area.\n 8. 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 heritage area project including parkwide and district\nprojects identified in a management plan prepared pursuant to section\n35.05 of the parks, recreation and historic preservation law. Such\nprojects shall be subject to an agreement by the heritage area\nmanagement entity to operate or cause to be operated any public facility\nresulting from such project.\n 9. A municipality which acquires, develops, improves, restores or\nrehabilitates property with funds made available pursuant to this title\nmay establish reasonable rules and regulations by local law or otherwise\nto assure the proper administration and development thereof, provided\nthat no such rule or regulation which restricts the use of such lands or\nfacilities by non-residents of the municipality shall be effective\nwithout the approval of the commissioner.\n 10. The commissioner shall impose such contractual requirements and\nconditions upon any municipality and any not-for-profit corporation\nwhich receive state assistance payments pursuant to this title as may be\nnecessary and appropriate to ensure that a public benefit shall accrue\nfrom the use of public funds by such municipality or not-for-profit\ncorporation. Such conditions shall include limitations on the right of\nthe municipality or not-for-profit corporation to demolish or convey\nsuch property, provisions for public access or use where appropriate,\nthe granting of facade easements to the state, a requirement that all\nplans for restoration, rehabilitation, improvement, demolition or other\nphysical change must be subject to the commissioner's approval, and such\nother conditions which shall assure the preservation and protection of\nthe project.\n 11. Any not-for-profit corporation which receives state assistance\npayments pursuant to this section for the acquisition of land for\noutdoor recreation or conservation purposes shall execute a contract\nwith the commissioner which shall include the following:\n (a) An agreement to make and keep the lands accessible to the public\nunless the not-for-profit corporation can demonstrate to the\ncommissioner's satisfaction that public accessibility would be\ndetrimental to the lands or any natural resources associated therewith;\n (b) An agreement not to sell, lease, exchange or donate the lands\nexcept to the state, a local government unit or another qualifying tax\nexempt non-profit organization for recreation and conservation purposes\nconsistent with this title and approved by the commissioner; and\n (c) An agreement to execute and convey to the state at no charge a\nconservation easement, pursuant to title three of article forty-nine of\nthis chapter, over the lands to be acquired with state assistance\npayments.\n 12. Real property acquired, developed, improved, restored or\nrehabilitated by or through a municipality for park projects undertaken\npursuant to this section with funds made available pursuant to this\nsection shall not be sold, leased, exchanged, donated or otherwise\ndisposed of or used for other than public park purposes without the\nexpress authority of an act of the legislature, which shall provide for\nthe substitution of other lands of equal environmental value and fair\nmarket value and reasonably equivalent usefulness and location to those\nto be discontinued, sold or disposed of, and such other requirements as\nshall be approved by the commissioner.\n 13. Real property acquired by a not-for-profit organization with funds\nmade available pursuant to this section for park projects undertaken\npursuant to this section shall not be used in violation of an agreement\nentered into pursuant to this section, or sold, leased, exchanged,\ndonated or otherwise disposed of without the express authority of an act\nof the legislature.\n 14. The commissioner shall adopt, prior to the acceptance of\napplications for park, historic preservation and heritage area projects,\nrules and regulations which shall include eligibility requirements,\napplication procedures, office ranking and review processes, project\napproval guidelines and criteria, and funding distribution necessary for\nall state assistance payment programs established pursuant to this\ntitle.\n 15. Notwithstanding any other provision of law, no state assistance\npayment under this article may be applied, with respect to any project\nlocated within the area of New York county bounded by (a) the northern\nboundary of Fifty-ninth street and Fifty-ninth street extended; (b) the\nUnited States pierhead line; (c) the northern boundary of the area known\nas Battery Park City; and (d) eight hundred feet inland easterly from\nthe United States bulkhead line:\n (i) for, other than for recreational use or access inland of the\nexisting bulkhead line, any roads, bridges, ramps or parking facilities\nor sewers or water mains;\n (ii) for any site improvement, including sewers, or water mains, to\nsupport residential, industrial or commercial development;\n (iii) to excavate, place fill or plantings in, or place any piling,\nplatform or structure, including a floating structure, in the Hudson\nriver; or\n (iv) to plan, evaluate or study any project involving such excavation\nor placement as described in subparagraph (iii) of this paragraph; and\nprovided further that no contract, or subcontract, with a public benefit\ncorporation, public authority, or any other person or entity, or\nmunicipality other than the city of New York shall be entered into for\nany state assistance payments under this article with respect to any\nproject, or portion thereof, located in the area described in this\nsubdivision without the affirmative approval of the community board or\nboards wherein the project, or portion thereof, will be located.\n 16. Notwithstanding the provisions of this section, moneys received\nfrom the sale of bonds pursuant to the Clean Water/Clean Air Bond Act of\n1996, and available for disbursements for projects developed pursuant to\nthis section, shall also be available for state assistance payments to\nmunicipalities and not-for-profit corporations for the capital cost of\nprojects described in subdivision nine of section 44-0119 of this\nchapter and subject to the review delineated in subdivision ten of\nsection 44-0119 of this chapter. Such monies shall be subject to\nappropriation.\n