§ 52-0905. Contracts.

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Terms Used In N.Y. Environmental Conservation Law 52-0905

  • Commissioner: means the commissioner of environmental conservation except that within and for the purposes of title nine of this article, the term shall mean the commissioner of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 52-0101
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Municipality: except as otherwise defined within this article, means a city, county, town, village, public benefit corporation or school district or an improvement district within a city, county, town or village, or Indian tribe residing within New York state, or any combination thereof. See N.Y. Environmental Conservation Law 52-0101
  • Not-for-profit corporation: means a corporation formed pursuant to the not-for-profit corporation law and qualified for tax-exempt status under section 501(c)(3) of the federal internal revenue code. See N.Y. Environmental Conservation Law 52-0101
  • Public access: means access to lands for public use, including stream rights and waterways. See N.Y. Environmental Conservation Law 52-0101

The commissioner shall impose such contractual requirements and conditions upon any municipality and any not-for-profit corporation which receive funds pursuant to this title as may be necessary and appropriate to assure that a public benefit shall accrue from the use of public funds by such municipality and not-for-profit corporation. Such conditions may include, but shall not be limited to limitations on the right of the municipality or not-for-profit corporation to demolish or convey such property, provisions for public access 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.