§ 9-2101. Health and safety land account creation and use.\n 1. Definitions. For purposes of this section:\n a. "eligible project" means a public health or safety-related project\nnecessary where no viable alternative exists, limited to the following:\n (i) address bridge hazards to improve public safety on county highways\nand town highways;\n (ii) elimination of the hazards of dangerous curves and grades on\ncounty and town highways to improve public safety;\n (iii) relocation, maintenance, and reconstruction of county highways\nand town highways, including associated culverts, for the purpose of\naddressing public safety provided that no relocation of any single\nrelocated portion shall exceed one mile in length;\n (iv) water wells and necessary appurtenances when such wells are\nnecessary to meet drinking water quality standards and are located\nwithin five hundred thirty feet of state highways, county highways and\ntown highways; and\n (v) stabilization devices for an existing utility pole adjacent to, or\nno more than the minimum distance from the width of highway necessary to\ncomply with standard safety practices.\n Eligible projects shall not include the use of chemicals/herbicides\nfor clearing state land; the removal of trees and vegetation shall be\nminimized and the area shall promptly be restored to pre-project\nconditions to the maximum extent practicable.\n b. "county highway" shall have the same meaning as defined in\nsubdivision four of section three of the highway law.\n c. "forest preserve expansion fund" shall mean the fund established\npursuant to section ninety-seven-e of the state finance law.\n d. "project sponsor" means a town, village, or county located in the\ncounties of Clinton, Delaware, Essex, Franklin, Fulton, Greene,\nHamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Sullivan,\nUlster, Warren and Washington.\n e. "no viable alternative" means that no other option exists for the\neligible project to address ongoing public health or safety concerns\nother than through the use of state lands.\n f. "state highway" means a state highway as defined in subdivisions\none, two and three of section three of the highway law.\n g. "state lands" means lands owned by the state in forest preserve\ncounties that are under the jurisdiction of the department.\n h. "town highway" means a town highway, as defined in subdivision five\nof section three of the highway law, in existence as of January first,\ntwo thousand fifteen, listed on the local highway inventory maintained\nby the department of transportation, and annually plowed and regularly\nmaintained.\n i. "width of the highway" shall have the same meaning as paragraph k\nof subdivision one of section 9-2103 of this title.\n 2. Following approval by the legislature of two hundred fifty acres of\nland to be added to the forest preserve, a health and safety land\naccount of not more than two hundred fifty acres is created for use by\nproject sponsors for eligible projects necessary to protect health and\nsafety where no viable alternative is available. The account will be\nadministered by the department.\n 3. A project sponsor with an eligible project may apply to the health\nand safety land account to receive fractional or whole acreage for an\neligible project. Such application shall include:\n a. a resolution from the governing body of the project sponsor that\nincludes:\n (i) attestation that the project is necessary to address public health\nor safety and no viable alternatives exist;\n (ii) attestation that such lands will only be used for eligible\npurposes and that any real property acquired shall not be sold, leased,\nexchanged, donated or otherwise disposed of or used for other than the\neligible purposes for which it was approved without the express\nauthority of an act of the legislature.\n b. a detailed summary of the proposed eligible project, including the\nwhole action and all related activities, a detailed sum
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.