N.Y. Comp. Codes R. & Regs. tit. 9 § 438.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 438.2 - Local urban cultural park resource projects

(a) A municipality, a public corporation or not-for-profit corporation may undertake a project to acquire and develop an historically or culturally significant site, building, structure, object or distinctive natural feature provided that the project is identified in an approved UCP management plan and is not an eligible interpretive/visitor center project.

(b) A local UCP resource project shall be limited to the acquisition and improvement of a single property or site.

(c) Projects shall be evaluated according to the following criteria:

(1) the degree to which the project addresses one or all of the four UCP goals of education, preservation, recreation and economic development;

(2) the relationship of the project to statewide, regional and local plans of agencies supporting the goals of the UCP program;

(3) the local economic needs, including job creation and revenue increases that will be generated by the project;

(4) the financial feasibility and effectiveness of the project;

(5) the evidence of community support for the project;

(6) the social, environmental and economic characteristics of the community and associated impacts; and

(7) the record and capability of the community and applicant to follow through with the proposed project in both the construction and operational phases.

(d) Eligible projects under this section shall include:

(1) exterior building restoration, rehabilitation, improvement, preservation and protection;

(2) interior building restoration, rehabilitation, improvement, preservation and protection when such work:

(i) is necessary for the stabilization and support of an historic structure; or

(ii) is for a structure, or part of a structure, that will be used entirely for public facilities which directly serve the UCP patron; and

(iii) is in accordance with the Secretary of the Interior's standards and the facility is open to the public for a prescribed period of time each year;

(3) facade easements and covenants; and

(4) new construction, provided that:

(i) such construction is compatible with the historic and architectural character of the UCP, as determined by the commissioner;

(ii) the facility constructed will directly serve the UCP patron without charge, except, in some instances, for parking fees; and

(iii) the construction complies with the Secretary of the Interior's standards as interpreted by the commissioner.

(e) Funding for local UCP resource projects. The State share of the cost of a local UCP resource project shall not exceed 50 percent of the approved project cost, less any Federal assistance and any other State assistance received or to be received for the project.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 438.2