N.Y. Comp. Codes R. & Regs. tit. 9 § 432.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 432.5 - Alienation of park projects

(a) Project boundary map.

(1) Upon completion of a park project, the project sponsor shall submit a dated and signed project boundary map showing the location of the project and all related support facilities acquired or developed pursuant to this Part. The map shall also indicate all structures, facilities and encroachments on the property which are used for non-park purposes, such as power lines, easements, school buildings or clubhouses.

(2) In cases where the project is a discrete portion of the park, the project boundary map shall include as much of the park as would be required for the project to be operated by itself, including all support facilities such as roadways, parking lots, comfort stations and landscaping, except that utilities for the facility may be provided from elsewhere in the park.

(3) The office shall review the proposed project boundary map to determine its compliance with this section and any guidelines of the office and shall notify the project sponsor of its determination. The project boundary map shall define the public park facilities for which State assistance was provided pursuant to this Subchapter.

(b) Alienation mitigation. The act of the Legislature authorizing the alienation of facilities acquired or developed by a municipality pursuant to this Part shall require the substitution of other lands and any other requirements which the commissioner deems appropriate.

(c) Substitute property. Substitute property must meet the following criteria to the satisfaction of the commissioner:

(1) the fair market value of the substitute property must be no less than the fair market value of the property being alienated;

(2) the substitute property must be of reasonably equivalent usefulness and location to the lands being alienated; and

(3) the substitute property must be of equal environmental value and usefulness to the lands being alienated. A determination of equivalent environmental value and usefulness will include an evaluation of how the substitute parcel develops, expands or enhances public access to water bodies, promotes water based recreation, or enhances the natural, cultural or historic aspects of water bodies.

(d) Leasing of State-funded facilities. The lease of facilities acquired or developed pursuant to this Subchapter is an alienation and requires the express authority of an act of the Legislature. However, substitution of other lands is not necessary if the lease provides for the following:

(1) the leased premises must be operated as a public park and/or recreational facility; that is, all programs and activities must be offered to all members of the public on the same terms and conditions which shall be subject to the approval of the office;

(2) the leased premises must be identified in signage, public records and publicity as a public park and/or recreational facility;

(3) at any time the facility ceases to be operated as a public park and/or recreational facility, the lease will terminate and the facility shall immediately revert to the project sponsor; and

(4) all revenues received by the project sponsor from the lease of the facility shall be used for the acquisition of other park facilities or capital improvements to municipal park and recreational facilities and shall not supplant monies otherwise appropriated. The project sponsor shall submit to the office certified copies of budget documents showing its anticipated expenditures for capital park purposes from all revenue sources with the use of the lease proceeds as a segregated item.

(e) Granting of an easement over project lands. If an act of the Legislature grants an easement over parkland for utility purposes and requires that the lands continue to be used for public park and recreation purposes, substitute property will not be required.

(f) Review of alienation proposals by the office.

(1) The project sponsor shall submit to the office a proposal pertaining to the alienation of parklands receiving State assistance under this Part as early in the planning process as possible.

(2) The material submitted shall include:

(i) complete parkland alienation information as required by the office;

(ii) a map showing the location of the parkland being alienated and the proposed substitute property;

(iii) appraisals of both the property being alienated and the substitute property. The qualifications of the appraiser and the format of the appraisals shall be in accordance with section 431.6 of this Title;

(iv) documentation establishing the project sponsor's compliance with the State Environmental Quality Review Act;

(v) a complete summary of public input supporting or opposing both the decision to alienate and the adequacy of the substitute property; and

(vi) additional material such as the proposed deed for the substitute property, plans and drawings of developed or proposed facilities or an archeological survey.

(3) The office will review the proposal and provide its comments and recommendation to the project sponsor along with such additional information as it deems relevant in sufficient time for the proposal to be considered by the Legislature at its next regular session.

(g) Legislative approval. It shall be the responsibility of the project sponsor to contact its legislative representatives with regard to the introduction of legislation authorizing the alienation of parklands. The project sponsor shall give such legislative representatives the comments and recommendations of the office.

(h) Revised project boundary map. If the project sponsor receives legislative approval for the alienation, it shall file a revised project boundary map with the office showing the corrected boundaries of the project and including any substitute property. Upon approval of the alienation all restrictions and requirements pertaining to the project shall apply to the substitute property.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 432.5