N.Y. Comp. Codes R. & Regs. tit. 9 § 432.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 432.4 - Public benefit provision

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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 432.4