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 434 - Heritage Area Projects
Section 434.4 - Public benefit provisions
Current through Register Vol. 46, No. 39, September 25, 2024
In order to assure the preservation and maintenance of projects funded under this Part, and to assure that a public benefit accrues from the expenditure of public funds for the project, the following provisions shall be included in the project agreement as appropriate:
(a) the project sponsor shall not prohibit the use of or access to the project to nonresidents of the heritage area or impose a fee for any use of and access to the project without the prior written approval of the commissioner;
(b) the project sponsor will be required to convey a preservation or maintenance restriction, easement or other protective agreement to the office or other such entity as the office deems appropriate; and
(c) where real property is acquired for park, conservation, open space or recreation purposes, the project agreement shall include the provisions of section 432.4(a) of this Title when the project sponsor is a municipality and the provisions of section 432.4(b) of this Title when the project sponsor is a not-for-profit corporation.
