9 NYCRR Part 432 - Executive Department

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Source version current through Sep 15, 2021

All 6 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 432.1 - Eligibility criteria

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Eligible projects shall included the acquisition, improvement, development, preservation, restoration or rehabilitation of lands, waters or structures to develop, expand or enhance public access to water bodies, promote water based recreation or enhance the natural, cultural or historic aspects of water bodies.

(b)Eligible acquisition projects shall include, but are not limited to, acquisition during the project term or within one year prior to the application deadline date of a permanent easement in or fee title to lands which:

(1)are appropriate for use as parks, preserves, beaches, shorefronts, waterway access and recreational sites and facilities;

(2)comprise buffer zones or viewsheds if, in the opinion of the office, the acquisition is necessary to enhance or protect the value of existing recreational or environmental resources; or

(3)contain natural, scenic or open space resources that are unique, rare, or of statewide or regional significance.

(c)Eligible development projects include but are not limited to:

(1)facilities for swimming, boating, fishing, picnicking and camping;

(2)playing fields, playgrounds, trails, greenways;

(3)interpretive and educational facilities such as arboretums, botanical gardens, zoos, aquaria, and nature interpretive facilities; and

(4)infrastructure and ancillary facilities, provided that such facilities support the operation of the resource at which they are located.

9 NYCRR 432.2 - Supplemental application requirements

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

In addition to the general application requirements listed in section 431.7 of this Title, applications under this Part shall contain the following additional information:

(a)a project site plan and a map which clearly shows the location of the proposed project within the municipality;

(b)photographs or images which show the current condition of the project site as directed by the office; and

(c)for projects where the sponsor is a not-for-profit corporation, the approval of the governing body of each municipality in which the project will be located.

9 NYCRR 432.3 - Supplemental rating criteria

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

In addition to the criteria listed in section 431.8 of this Title, the following criteria will be considered in rating park projects:

(a)the degree to which the project will develop, expand or enhance public access to water bodies, promote water based recreation or enhance the natural, cultural or historic aspects of water bodies;

(b)the degree to which local recreation, conservation or open space deficiencies will be addressed by the project; and

(c)the degree to which the project will primarily serve either a densely populated area where recreational opportunities have sustained physical deterioration, decay, neglect or disinvestment or an area where a substantial proportion of the population is of low income or otherwise disadvantaged and underserved with respect to existing recreational opportunities.

9 NYCRR 432.4 - Public benefit provision

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

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.

9 NYCRR 432.5 - Alienation of park projects

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Project boundary map.

(1)Upon completion of a park project, the project sponsor shall submit a dated and signed project boundary map showing the location of the project and all related support facilities acquired or developed pursuant to this Part. The map shall also indicate all structures, facilities and encroachments on the property which are used for non-park purposes, such as power lines, easements, school buildings or clubhouses.

(2)In cases where the project is a discrete portion of the park, the project boundary map shall include as much of the park as would be required for the project to be operated by itself, including all support facilities such as roadways, parking lots, comfort stations and landscaping, except that utilities for the facility may be provided from elsewhere in the park.

(3)The office shall review the proposed project boundary map to determine its compliance with this section and any guidelines of the office and shall notify the project sponsor of its determination. The project boundary map shall define the public park facilities for which State assistance was provided pursuant to this Subchapter.

(b)Alienation mitigation.

The act of the Legislature authorizing the alienation of facilities acquired or developed by a municipality pursuant to this Part shall require the substitution of other lands and any other requirements which the commissioner deems appropriate.

(c)Substitute property.

Substitute property must meet the following criteria to the satisfaction of the commissioner:

(1)the fair market value of the substitute property must be no less than the fair market value of the property being alienated;

(2)the substitute property must be of reasonably equivalent usefulness and location to the lands being alienated; and

(3)the substitute property must be of equal environmental value and usefulness to the lands being alienated. A determination of equivalent environmental value and usefulness will include an evaluation of how the substitute parcel develops, expands or enhances public access to water bodies, promotes water based recreation, or enhances the natural, cultural or historic aspects of water bodies.

(d)Leasing of State-funded facilities.

The lease of facilities acquired or developed pursuant to this Subchapter is an alienation and requires the express authority of an act of the Legislature. However, substitution of other lands is not necessary if the lease provides for the following:

(1)the leased premises must be operated as a public park and/or recreational facility; that is, all programs and activities must be offered to all members of the public on the same terms and conditions which shall be subject to the approval of the office;

(2)the leased premises must be identified in signage, public records and publicity as a public park and/or recreational facility;

(3)at any time the facility ceases to be operated as a public park and/or recreational facility, the lease will terminate and the facility shall immediately revert to the project sponsor; and

(4)all revenues received by the project sponsor from the lease of the facility shall be used for the acquisition of other park facilities or capital improvements to municipal park and recreational facilities and shall not supplant monies otherwise appropriated. The project sponsor shall submit to the office certified copies of budget documents showing its anticipated expenditures for capital park purposes from all revenue sources with the use of the lease proceeds as a segregated item.

(e)Granting of an easement over project lands.

If an act of the Legislature grants an easement over parkland for utility purposes and requires that the lands continue to be used for public park and recreation purposes, substitute property will not be required.

(f)Review of alienation proposals by the office.

(1)The project sponsor shall submit to the office a proposal pertaining to the alienation of parklands receiving State assistance under this Part as early in the planning process as possible.

(2)The material submitted shall include:

(i)complete parkland alienation information as required by the office;

(ii)a map showing the location of the parkland being alienated and the proposed substitute property;

(iii)appraisals of both the property being alienated and the substitute property. The qualifications of the appraiser and the format of the appraisals shall be in accordance with section 431.6 of this Title;

(iv)documentation establishing the project sponsor's compliance with the State Environmental Quality Review Act;

(v)a complete summary of public input supporting or opposing both the decision to alienate and the adequacy of the substitute property; and

(vi)additional material such as the proposed deed for the substitute property, plans and drawings of developed or proposed facilities or an archeological survey.

(3)The office will review the proposal and provide its comments and recommendation to the project sponsor along with such additional information as it deems relevant in sufficient time for the proposal to be considered by the Legislature at its next regular session.

(g)Legislative approval.

It shall be the responsibility of the project sponsor to contact its legislative representatives with regard to the introduction of legislation authorizing the alienation of parklands. The project sponsor shall give such legislative representatives the comments and recommendations of the office.

(h)Revised project boundary map.

If the project sponsor receives legislative approval for the alienation, it shall file a revised project boundary map with the office showing the corrected boundaries of the project and including any substitute property. Upon approval of the alienation all restrictions and requirements pertaining to the project shall apply to the substitute property.

9 NYCRR 432.6 - Earlier source heading: 432.6 to 432.12 [Repealed]

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

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