N.Y. Comp. Codes R. & Regs. tit. 9 § 443.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 443.4 - Public benefit provisions

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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 443.4