Section 56-0309. Park, historic preservation and heritage area projects

1.  For purposes of this section "commissioner" means the commissioner
  of the office of parks, recreation and historic preservation.
    2. Park projects and historic preservation projects may be  undertaken
  by  the  office  pursuant  to  the  provisions of this article and other
  applicable  provisions  of  law  pursuant  to  the   approval   of   the
  commissioner.
    3.  All  historic  preservation projects,   park projects and heritage
  area projects shall be undertaken in the state of New York.  Except  for
  projects  undertaken  by  the  state,  the  total  amount  of  the state
  assistance payments toward the cost of any such project shall not exceed
  fifty percent of the cost. For the purpose of determining the amount  of
  the state assistance payments, the cost of the project shall not be more
  than  the  amount  set  forth  in  the  application for state assistance
  payments approved by the commissioner.  Park and heritage area  projects
  shall develop, expand, or enhance public access to water bodies, promote
  water  based  recreation,  or enhance the natural, cultural, or historic
  aspects of water bodies.
    4. The commissioner and a municipality may enter into a  contract  for
  the undertaking by the municipality of an historic preservation project.
  Such   historic  preservation  projects  shall  be  recommended  to  the
  commissioner by  the  governing  body  of  the  municipality  and,  when
  approved  by  the  commissioner,  may  be undertaken by the municipality
  pursuant to this title and any other applicable provision of law.
    5. The commissioner and a not-for-profit corporation may enter into  a
  contract  for  the  undertaking  by the not-for-profit corporation of an
  historic preservation project.   Such a  historic  preservation  project
  shall  be  recommended  to  the  commissioner by the governing body of a
  not-for-profit corporation which demonstrates to the satisfaction of the
  commissioner that it  is  capable  of  operating  and  maintaining  such
  property  for  the  benefit  of  the  public.    Upon  approval  by  the
  commissioner, such project may be undertaken pursuant to the  provisions
  of this title and any other applicable provision of law.
    6.  The  commissioner and a municipality may enter into a contract for
  the undertaking by the municipality of a  park  project.    Such    park
  projects  shall be recommended to the commissioner by the governing body
  of the municipality, and when  approved  by  the  commissioner,  may  be
  undertaken  by  the  municipality  pursuant  to this title and any other
  applicable provisions of law.   The office shall  also  assess  existing
  parks  and  recreational  opportunities  in the municipalities where the
  park project is located and shall give preference to projects which  are
  in  or  primarily  serve areas where demographic and other relevant data
  for such areas demonstrate that the areas are densely populated and have
  sustained physical deterioration, decay, neglect  or  disinvestment,  or
  where  a  substantial proportion of the residential population is of low
  income or is otherwise disadvantaged and is underserved with respect  to
  the existing recreational opportunities in the area.
    7.  The commissioner and a not-for-profit corporation may enter into a
  contract for the undertaking by the not-for-profit corporation of a park
  project on behalf of a municipality. Such a contract shall be contingent
  upon the approval of the governing body of each  municipality  in  which
  the  project  is  located.    Such a project shall be recommended to the
  commissioner by the governing body of a not-for-profit corporation which
  demonstrates to the satisfaction of the commissioner that it is  capable
  of operating and maintaining such project for the benefit of the public.
  Upon  approval  by  the  commissioner,  such  project  may be undertaken
  pursuant to the provisions  of  this  title  and  any  other  applicable
  provision   of  law.    The  office  shall  assess  existing  parks  and

  recreational opportunities in the municipalities where the park  project
  is  located  and  shall  give  preference  to  projects  which are in or
  primarily serve areas where demographic and other relevant data for such
  areas  demonstrate  that  the  areas  are  densely  populated  and  have
  sustained physical deterioration, decay, neglect  or  disinvestment,  or
  where  a  substantial proportion of the residential population is of low
  income or is otherwise disadvantaged and is underserved with respect  to
  the existing recreational opportunities in the area.
    8.  The commissioner and a municipality, public benefit corporation or
  not-for-profit corporation may enter into a  contract,  subject  to  the
  approval  of  the  director  of  the  budget,  for the undertaking by or
  through the municipality, public benefit corporation  or  not-for-profit
  corporation  of  a heritage area project including parkwide and district
  projects identified in a management plan prepared  pursuant  to  section
  35.05  of  the  parks,  recreation and historic preservation law.   Such
  projects shall be  subject  to  an  agreement  by  the    heritage  area
  management entity to operate or cause to be operated any public facility
  resulting from such project.
    9.  A  municipality  which  acquires,  develops, improves, restores or
  rehabilitates property with funds made available pursuant to this  title
  may establish reasonable rules and regulations by local law or otherwise
  to  assure  the  proper administration and development thereof, provided
  that no such rule or regulation which restricts the use of such lands or
  facilities by non-residents  of  the  municipality  shall  be  effective
  without the approval of the commissioner.
    10.  The  commissioner  shall impose such contractual requirements and
  conditions upon any  municipality  and  any  not-for-profit  corporation
  which receive state assistance payments pursuant to this title as may be
  necessary  and  appropriate to ensure that a public benefit shall accrue
  from the use of public funds  by  such  municipality  or  not-for-profit
  corporation.   Such conditions shall include limitations on the right of
  the municipality or not-for-profit corporation  to  demolish  or  convey
  such  property,  provisions  for public access or use where appropriate,
  the granting of facade easements to the state, a  requirement  that  all
  plans  for restoration, rehabilitation, improvement, demolition or other
  physical change must be subject to the commissioner's approval, and such
  other conditions which shall assure the preservation and  protection  of
  the project.
    11.  Any  not-for-profit  corporation  which receives state assistance
  payments pursuant to this  section  for  the  acquisition  of  land  for
  outdoor  recreation  or  conservation  purposes shall execute a contract
  with the commissioner which shall include the following:
    (a) An agreement to make and keep the lands accessible to  the  public
  unless   the   not-for-profit   corporation   can   demonstrate  to  the
  commissioner's  satisfaction  that   public   accessibility   would   be
  detrimental to the lands or any natural resources associated therewith;
    (b)  An  agreement  not  to  sell, lease, exchange or donate the lands
  except to the state, a local government unit or another  qualifying  tax
  exempt  non-profit organization for recreation and conservation purposes
  consistent with this title and approved by the commissioner; and
    (c) An agreement to execute and convey to the state  at  no  charge  a
  conservation  easement, pursuant to title three of article forty-nine of
  this chapter, over the  lands  to  be  acquired  with  state  assistance
  payments.
    12.   Real   property   acquired,  developed,  improved,  restored  or
  rehabilitated by or through a municipality for park projects  undertaken
  pursuant  to  this  section  with  funds made available pursuant to this
  section shall not be  sold,  leased,  exchanged,  donated  or  otherwise

  disposed  of  or  used  for  other than public park purposes without the
  express authority of an act of the legislature, which shall provide  for
  the  substitution  of  other lands of equal environmental value and fair
  market  value and reasonably equivalent usefulness and location to those
  to be discontinued, sold or disposed of, and such other requirements  as
  shall be approved by the commissioner.
    13. Real property acquired by a not-for-profit organization with funds
  made  available  pursuant to   this section for park projects undertaken
  pursuant to this section shall not be used in violation of an  agreement
  entered  into  pursuant  to  this  section,  or sold, leased, exchanged,
  donated or otherwise disposed of without the express authority of an act
  of the legislature.
    14.  The  commissioner  shall  adopt,  prior  to  the  acceptance   of
  applications for park, historic preservation and heritage area projects,
  rules  and  regulations  which  shall  include eligibility requirements,
  application procedures, office ranking  and  review  processes,  project
  approval guidelines and criteria, and funding distribution necessary for
  all  state  assistance  payment  programs  established  pursuant to this
  title.
    15. Notwithstanding any other provision of law,  no  state  assistance
  payment  under  this article may be applied, with respect to any project
  located within the area of New York county bounded by (a)  the  northern
  boundary  of Fifty-ninth street and Fifty-ninth street extended; (b) the
  United States pierhead line; (c) the northern boundary of the area known
  as Battery Park City; and (d) eight hundred feet  inland  easterly  from
  the United States bulkhead line:
    (i)  for,  other  than  for  recreational  use or access inland of the
  existing bulkhead line, any roads, bridges, ramps or parking  facilities
  or sewers or water mains;
    (ii)  for  any  site improvement, including sewers, or water mains, to
  support residential, industrial or commercial development;
    (iii) to excavate, place fill or plantings in, or  place  any  piling,
  platform  or  structure,  including  a floating structure, in the Hudson
  river; or
    (iv) to plan, evaluate or study any project involving such  excavation
  or  placement  as described in subparagraph (iii) of this paragraph; and
  provided further that no contract, or subcontract, with a public benefit
  corporation, public  authority,  or  any  other  person  or  entity,  or
  municipality  other  than the city of New York shall be entered into for
  any state assistance payments under this article  with  respect  to  any
  project,  or  portion  thereof,  located  in  the area described in this
  subdivision without the affirmative approval of the community  board  or
  boards wherein the project, or portion thereof, will be located.
    16.  Notwithstanding  the  provisions of this section, moneys received
  from the sale of bonds pursuant to the Clean Water/Clean Air Bond Act of
  1996, and available for disbursements for projects developed pursuant to
  this section, shall also be available for state assistance  payments  to
  municipalities  and  not-for-profit corporations for the capital cost of
  projects described in  subdivision  nine  of  section  44-0119  of  this
  chapter  and  subject  to  the  review  delineated in subdivision ten of
  section 44-0119 of  this  chapter.  Such  monies  shall  be  subject  to
  appropriation.