New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle I - Office of Parks, Recreation and Historic Preservation
Chapter IV - Environmental Assistance Programs
Subchapter A - Clean Water/clean Air Bond Act of 1996
Part 432 - Park Projects
Section 432.4 - Public benefit provision
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 432.4
Current through Register Vol. 46, No. 39, September 25, 2024
To assure that a sufficient public benefit shall accrue from the expenditure of public funds for the project, the following provisions shall be included in the project agreement as appropriate:
(a) For projects undertaken by municipalities:
(1) a provision that no rule
or regulation of a municipality shall restrict the use of or access to a
project by non-residents of the municipality or impose a fee for such use
without the prior written approval of the commissioner; and
(2) a requirement that facilities acquired or
developed by a municipality pursuant to this Part shall not be sold, disposed
of or used for other than public park purposes without the prior written
approval of the commissioner and the express authority of an act of the
Legislature as provided in section
432.5
of this Part.
(b) For acquisition projects undertaken by not-for-profit corporations:
(1) a requirement that the project sponsor
make and keep the project accessible to the public unless the commissioner
determines that public accessibility would be detrimental to the land or any
natural or historic resources contained therein;
(2) a requirement that the project sponsor
shall not sell, lease, exchange or donate the project to any entity other than
a State agency, local government or other qualifying tax-exempt not-for-profit
corporation which will operate and maintain the project for recreation or
conservation purposes consistent with title 3 of article 56 of the
Environmental Conservation Law and approved by the commissioner and that any
such sale, lease, exchange or donation or other disposal shall require the
express authorization of an act of the Legislature; and
(3) a requirement that the project sponsor
execute and convey to the State, at no charge, a conservation easement pursuant
to title 3 of article 49 of the Environmental Conservation Law over the land or
facility being acquired by the sponsor.
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