9 NYCRR Part 443 - 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 443.1 - Eligibility criteria

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

(b)Consistent with the four heritage area goals of preservation, education, economic development and recreation, projects may be for the acquisition or development of historically or culturally significant sites, districts, buildings, structures, objects or natural features, or for the development of interpretive, recreational or informational exhibits, materials and facilities which orient the visitor to the resources of the local heritage area or to the State heritage area program.

(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, object or natural feature identified in a heritage area or management plan.

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

(1)improvement, restoration, preservation, rehabilitation, reconstruction, archaeological interpretation, or protection of sites, districts, buildings, structures, facilities, objects 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 and maintenance of the project;

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

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

(e)Eligible planning and implementation projects include but are not limited to costs incurred to plan, implement, administer or monitor a development or acquisition project. 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)structural assessments, 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 443.2 - Supplemental application requirements

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 include the following additional information:

(a)a narrative description of the project's significance in the context of existing heritage area resources and the four heritage area program goals, and its role in implementing the heritage area or urban cultural park's management plan;

(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 443.3 - Supplemental rating criteria

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 440.8 of this Title, the following criteria will be used to rate heritage area projects:

(a)the degree to which the project addresses one or more of the four heritage area goals of preservation, education, economic development and recreation;

(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 443.4 - Public benefit provisions

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 residents of the heritage area community or impose a fee for any use of and access to the project without the prior written approval of the office;

(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 441.4(b) of this Title when the project sponsor is a municipality and the provisions of section 441.4(c) of this Title, when the project sponsor is a not-for-profit corporation.

9 NYCRR 443.5 - Earlier source heading: 443.5 to 443.9 [Renumbered]

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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.

9 NYCRR 443.13 - Earlier source heading: 443.13 to 443.15 [Renumbered]

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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.

Former section numbers

9 NYCRR 443.10: The State's compiled source lists this section only as [Renumbered]. LawEngine treats it as a status flag, not current operative rule text.
9 NYCRR 443.11: The State's compiled source lists this section only as [Renumbered]. LawEngine treats it as a status flag, not current operative rule text.
9 NYCRR 443.12: The State's compiled source lists this section only as [Renumbered]. LawEngine treats it as a status flag, not current operative rule text.

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