9 NYCRR Part 434 - Executive Department

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Source versions current through Sep 15, 2021 - Mar 15, 2023 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 434.1 - Eligibility criteria

Source version current through Mar 15, 2023

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023

For the purposes of this Part, the terms heritage area and urban cultural park shall be deemed to have the same meaning.

(a)Projects, sites or facilities must be identified in a heritage area or urban cultural park management plan which has been approved by the commissioner in accordance with section 35.05 of the Parks, Recreation and Historic Preservation Law.

(b)Heritage area projects may be for the acquisition or development of historically or culturally significant sites, districts, buildings, structures or natural features 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.

(c)Eligible acquisition projects include the acquisition during the project term or within one year prior to the application deadline date of a permanent easement in or fee title to all or part of an historically or culturally significant site, district, building, structure, facility or natural feature identified in a heritage area or urban cultural park management plan.

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

(1)improvement, restoration, preservation, rehabilitation, reconstruction, or protection of sites, districts, buildings, structures, facilities or natural resources in accordance with the Secretary of the Interior's Standards;

(2)new construction which complies with the Secretary of the Interior's Standards;

(3)infrastructure and ancillary facilities, provided that such facilities support the operation of the project;

(4)development and installation of interpretive, recreational or theme-related facilities, areas, greenways, trail systems, exhibits and signage and associated projects; and

(5)development of buildings, facilities, sites and associated projects which address the need for multi-lingual or multi-cultural accommodation in the implementation of a project.

(e)Costs incurred to plan and implement a development or acquisition project are also eligible for funding. Examples of such costs include:

(1)preparation of predevelopment plans, specifications, cost estimates and other contract documents;

(2)feasibility studies, including planning and economic development studies;

(3)historic structure reports, cultural landscape reports, archaeological, architectural or historic research reports; and

(4)project completion or archaeological investigation reports, audit reports and project signs.

9 NYCRR 434.2 - Supplemental application requirements

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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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 include the following additional information:

(a)a narrative description of the project's significance in the context of existing heritage area resources and how it 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 approval/endorsement of the project by the local heritage area management entity if it is not the project sponsor; and

(c)the commitment of the local heritage area management entity either to operate or to cause to be operated any public facilities which are developed as part of a project.

9 NYCRR 434.3 - Supplemental rating criteria

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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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 found in section 431.8 of this Title, the following criteria will be used to rate heritage area 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 the project contributes to the preservation, restoration or enhancement of natural, historic or cultural resources related to the local heritage area's interpretive theme(s) as established in its approved management plan;

(c)the degree to which the project enhances the function and visual quality of the local heritage area;

(d)the degree to which the project directly serves or benefits heritage area visitors and users; and

(e)the impact of the facility on the local economy or its contribution to established economic development plans.

9 NYCRR 434.4 - Public benefit provisions

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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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 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.

9 NYCRR 434.5 - Earlier source heading: 434.5 to 434.6 [Repealed]

Source version current through Sep 15, 2021

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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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