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 B - Environmental Quality Bond Act of 1986
Part 438 - Urban Cultural Park Projects
Section 438.1 - Llnterpretive/visitor center facility projects
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 438.1
Current through Register Vol. 46, No. 39, September 25, 2024
Urban cultural park (UCP) interpretive/visitor center facility projects shall be eligible for up to 100-percent funding.
(a) Eligibility.
(1) An eligible interpretive/visitor center
facility project shall be:
(i) A structure or
part thereof, including interpretive and informational exhibits and related
support facilities, which will serve as a focal point for visitor orientation
to the resources of the State urban cultural parks system and the local urban
cultural park in which the facility is located.
(ii) The selected site must be described in
an approved urban cultural park management plan.
(iii) Priority will be given to
interpretive/visitor centers which are located in structures that are
compatible with the theme(s) of the specific UCP, listed on or eligible for
listing on the State or National Register of Historic Places, and conveniently
located for UCP visitors. Where more than one potential facility is identified
in a management plan, the facility selected shall be subject to the approval of
the commissioner.
(2) In
some UCP's, more than one interpretive/visitor center may be needed.
(i) Provisions and justifications for the
creation of additional visitor center(s) shall be described in an approved
urban cultural park management plan.
(ii) Such proposals for additional
interpretive/visitor center(s) will not be funded until the primary
interpretive/visitor center is completed to the satisfaction of the
commissioner.
(b) Projects eligible for interpretive/visitor center funds.
(1)
Acquisition projects. The acquisition of sites, buildings, structures and
objects for interpretive/visitor center functions, including related parking.
Acquisition may include purchase, transfer and gift.
(i) Eligible costs related to acquisition
include legal fees, appraisal fees and project signs, when part of an approved
scope of work and within the approved period of the acquisition
project.
(ii) Costs associated with
acquisition of real property which are not eligible for grant assistance shall
be options to purchase real property and the cost of borrowing funds for
acquisition.
(iii) Appraisals must
be performed no more than 12 months prior to the acquisition of real property.
The cost of obtaining an appraisal shall not be an allowable cost if an
acquisition grant is not subsequently awarded. If the property is valued at
$100,000 or more, two appraisals must be obtained. If the property is valued at
less than $100,000, one appraisal is sufficient. If the property is valued at
less than $5,000, a short-form appraisal may be used at the discretion of the
commissioner. Appraisals shall be prepared by an active consultant appraiser in
accordance with the requirements of the office.
(2) Restoration or rehabilitation projects.
Eligible projects include:
(i) Activities
associated with interpretive/visitor center development which are not
construction but are directly related to construction. Examples of such
activities include the preparation of requests for proposals, predevelopment
plans, specifications and cost estimates; feasibility studies; historic
structure reports; preparation of construction documents; professional
accounting services; and preparation of project completion reports, project
signs and the design of permanent interpretive elements. To be eligible for
grant assistance, all such associated activities must be part of an approved
development project.
(ii)
Construction activities such as:
(a)
rehabilitation of structure(s) or parts thereof for interpretive/visitor center
use;
(b) provision of facilities to
provide barrier-free access for disabled patrons;
(c) installation or rehabilitation of
restroom and visitor reception areas; and
(d) structural and interpretive fixtures
permanently affixed to the interpretive/visitor center site.
(iii) Projects shall meet the
following requirements:
(a) The
interpretive/visitor center shall be available to the general public at
reasonable times at no charge.
(b)
The project shall provide barrier-free access for disabled patrons in
accordance with applicable New York State statutes.
(c) The project shall comply with the
Secretary of the Interior's standards as interpreted by the
commissioner.
(d) The municipality
shall utilize competent professional architects, engineers, exhibit designers
and other professionals as needed in planning and developing the
interpretive/visitor center and in developing any request for proposal for the
selection of such professionals.
(3) Site development, including landscaping,
docks, boardwalks, lighting, fencing, signage, parking, and installation of
sidewalks, curbs, roads and service drives.
(c) Eligible applicants.
(1) An eligible applicant for an
interpretive/visitor center facility project shall be a city, town or village
which:
(i) shall be the owner of the
structure that shall house the facility;
(ii) shall be a lessee of such structure or
parts thereof sufficient to house an interpretive/visitor center facility and
provide appropriate related facilities and services as described in subdivision
(a) of this section, provided that such lease shall have an unexpired term of
not less than 23 years from the date on which the check for final payment on
the project is issued by the State Comptroller; or
(iii) shall be the occupant of land under the
jurisdiction of a State agency, provided that a memorandum of understanding or
comparable agreement between the municipality and the State agency having
jurisdiction over the land has been executed which:
(a) states the purpose of the project and the
conditions under which it is to be carried out; and
(b) contains terms and conditions sufficient
in the commissioner's judgment to ensure a period of public use of at least 23
years from the date on which the check for final payment on the project is
issued by the State Comptroller.
(2) If the municipality contracts with a
management entity to operate the interpretive/visitor center, a copy of the
contract between the municipality and the management entity for the
administration, operation and maintenance of the facility shall be submitted to
the commissioner for his approval prior to execution of said
contract.
(d) Application procedures.
(1) Notice of intent.
(i) No later than May 31, 1987, each
municipality which intends to apply for interpretive/visitor center assistance
under this section shall notify the commissioner in writing of its
intention.
(ii) No later than July
31, 1987, the municipality shall submit to the office a draft request for
proposal or scope of work for the preparation of a plan for site selection (if
needed) and development of interpretive/visitor center facilities and for the
design and provision of appropriate exhibitry and signage associated with the
project. The request for proposal shall be subject to the approval of the
commissioner.
(2) No
later than December 31, 1987, each municipality shall submit to the
commissioner a formal application for an interpretive/visitor center
project.
(3) Applications shall be
submitted on forms to be furnished by the office. Forms may be obtained from
the Director of Urban Cultural Parks of the office.
(4) The application shall contain the
following:
(i) general applicant
information;
(ii) the specific
proposal for the development of interpretive/visitor centers;
(iii) documentation to demonstrate the
municipality's ability and commitment to fund, operate and maintain the
interpretive/visitor center for a period of at least 20 years;
(iv) a program narrative containing
information to be specified by the office, including documentation and
identification of local actions and funding sources guaranteeing provision of
all interpretive elements needed for the interpretive/visitor center to be
fully operational at the time of contract completion;
(v) references to page numbers of the UCP
management plan which describe the interpretive/visitor center project.
Information cited in the management plan should be summarized and updated where
necessary;
(vi) a project cost
breakdown;
(vii) a site map and
floor plan, including appropriate provisions for a Statesupplied core exhibit
on the UCP system; and
(viii) copy
of a deed or other proof of ownership or copy of lease.
(e) Criteria. The following factors shall be considered in funding interpretive/visitor center facilities:
(1) the degree to which the facility
addresses the four UCP goals of education, preservation, recreation and
economic development;
(2) the
relationship of the facility to statewide, regional and local plans of agencies
supporting the goals of the UCP program;
(3) the impact the facility will have on the
local economy;
(4) the financial
feasibility and effectiveness of the proposed facility;
(5) the social, environmental and economic
characteristics of the community and associated impacts of the facility on
those characteristics;
(6) the
record and capability of the UCP community and the applicant to complete the
facility and guarantee operations in a manner acceptable to the
commissioner;
(7) the demonstrated
capability of the UCP community to implement the programs and projects as
stated in its local UCP management plan; and
(8) the degree to which the
interpretive/visitor center complements rather than competes with existing
interpretive facilities, museums and resources in the UCP area.
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