New York Environmental Conservation Code § 56-0309

Park, historic preservation and heritage area projects
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§ 56-0309.  Park, historic preservation and heritage area projects.\n  1. For purposes of this section "commissioner" means the commissioner\nof the office of parks, recreation and historic preservation.\n  2. Park projects and historic preservation projects may be undertaken\nby the office pursuant to the provisions of this article and other\napplicable provisions of law pursuant to the approval of the\ncommissioner.\n  3. All historic preservation projects,  park projects and heritage\narea projects shall be undertaken in the state of New York. Except for\nprojects undertaken by the state, the total amount of the state\nassistance payments toward the cost of any such project shall not exceed\nfifty percent of the cost. For the purpose of determining the amount of\nthe state assistance payments, the cost of the project shall not be more\nthan the amount set forth in the application for state assistance\npayments approved by the commissioner.  Park and heritage area projects\nshall develop, expand, or enhance public access to water bodies, promote\nwater based recreation, or enhance the natural, cultural, or historic\naspects of water bodies.\n  4. The commissioner and a municipality may enter into a contract for\nthe undertaking by the municipality of an historic preservation project.\nSuch historic preservation projects shall be recommended to the\ncommissioner by the governing body of the municipality and, when\napproved by the commissioner, may be undertaken by the municipality\npursuant to this title and any other applicable provision of law.\n  5. The commissioner and a not-for-profit corporation may enter into a\ncontract for the undertaking by the not-for-profit corporation of an\nhistoric preservation project.  Such a historic preservation project\nshall be recommended to the commissioner by the governing body of a\nnot-for-profit corporation which demonstrates to the satisfaction of the\ncommissioner that it is capable of operating and maintaining such\nproperty for the benefit of the public.  Upon approval by the\ncommissioner, such project may be undertaken pursuant to the provisions\nof this title and any other applicable provision of law.\n  6. The commissioner and a municipality may enter into a contract for\nthe undertaking by the municipality of a park project.  Such  park\nprojects shall be recommended to the commissioner by the governing body\nof the municipality, and when approved by the commissioner, may be\nundertaken by the municipality pursuant to this title and any other\napplicable provisions of law.  The office shall also assess existing\nparks and recreational opportunities in the municipalities where the\npark project is located and shall give preference to projects which are\nin or primarily serve areas where demographic and other relevant data\nfor such areas demonstrate that the areas are densely populated and have\nsustained physical deterioration, decay, neglect or disinvestment, or\nwhere a substantial proportion of the residential population is of low\nincome or is otherwise disadvantaged and is underserved with respect to\nthe existing recreational opportunities in the area.\n  7. The commissioner and a not-for-profit corporation may enter into a\ncontract for the undertaking by the not-for-profit corporation of a park\nproject on behalf of a municipality. Such a contract shall be contingent\nupon the approval of the governing body of each municipality in which\nthe project is located.  Such a project shall be recommended to the\ncommissioner by the governing body of a not-for-profit corporation which\ndemonstrates to the satisfaction of the commissioner that it is capable\nof operating and maintaining such project for the benefit of the public.\nUpon approval by the commissioner, such project may be undertaken\npursuant to the provisions of this title and any other applicable\nprovision of law.  The office shall assess existing parks and\nrecreational opportunities in the municipalities wh

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