9 NYCRR Part 441 - 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 441.1 - 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

(a)Eligible projects shall include planning relating to or the structural assessment, acquisition, improvement, development, preservation, restoration or rehabilitation of lands, waters or structures for the use by all segments of the population for park, recreation or conservation purposes.

(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 parklands, metropolitan or shoreline parks, bikeways, trailways, greenways, and/or waterway access;

(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)playing fields, playgrounds; tracks, courts, rinks, or gymnasiums;

(2)trails, greenways, community gardens or small agricultural demonstration projects;

(3)facilities for swimming, boating, picnicking, camping, fishing, hunting or other recreational activities;

(4)bandshells, amphitheaters, outdoor stages and related facilities;

(5)site-related interpretive or educational facilities such as arboretums, botanical gardens, flora and fauna protection projects, zoos, aquariums, nature and environmental exhibits, wildlife management facilities, or nature interpretive centers;

(6)landscaping, screening, fencing, sprinkler systems, or dredging;

(7)improvements necessary to facilitate access for disabled patrons;

(8)infrastructure and ancillary facilities, provided that such facilities support the operation and maintenance of the recreation resource on which they are located.

9 NYCRR 441.2 - 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 440.7 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 conditions of the project site as directed by the office;

(c)the approval/endorsement of the governing body of the municipality in which the project will be located if the municipality is not the project sponsor; and

(d)legislative authorization for alienation if all or part of the park facility is being sold, leased, exchanged, donated, disposed of or used for other than public park purposes.

9 NYCRR 441.3 - 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 listed in section 440.8 of this Title, the following criteria will be considered in rating park projects:

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

(b)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 441.4 - Public benefit provision

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

(a)To assure that a sufficient public benefit shall accrue from the expenditure of public funds where the park project involves a public-private partnership, the commissioner shall consider the following eligibility and rating criteria in addition to the criteria listed in Part 440.8 of this Title and section 441.3 of this Part. The extent to which the project:

(1)replaces or improves an inadequate facility or creates a new facility;

(2)provides 51 percent or greater public use of and access to the facility for extended periods of time on a continuous or regular basis during the year;

(3)maximizes public use of and access to the facility during periods of peak recreational demand;

(4)diverts all or part of the facility to exclusive non-public use; and

(5)involves private funding for the project sponsor match that is high (in value, expenses, or costs of labor or services) in proportion to the approved total project cost.

(b)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 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, leased, exchanged, donated, 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 441.5 of this Part.

(c)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 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 lands acquired by a not-for-profit corporation pursuant to this Part shall not be sold, leased, exchanged, donated, disposed of or used for other than public park purposes without the express authority of an act of the Legislature as provided in section 441.5 of this Part;

(3)a requirement that the project sponsor of an acquisition project shall not sell, lease, exchange or donate the project to any entity other than a local government municipality or not-for-profit corporation which will operate and maintain the project for recreation or conservation purposes; and

(4)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 441.5 - Alienation of park projects

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

(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 equal environmental value to the lands being alienated;

(3)the substitute property must provide recreational resources and activities which are reasonably equivalent to those on the property being alienated or meet demonstrated public recreation or open space conservation needs;

(4)the location of the substitute property must be reasonably equivalent to the property being alienated, i.e., it must be accessible to the same people or a comparable segment of the population; and

(5)in cases where the project was for the acquisition of land, the substitute property may not be property which is already owned by the project sponsor.

(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 commissioner;

(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 supplement 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 which grants an easement over parkland 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 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 appraiser and the format of the appraisals shall be in accordance with section 440.6 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.

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