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This entry was published on 2017-08-25
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SECTION 44-0119
Greenway compact
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 44
§ 44-0119. Greenway compact.

1. The council shall guide and support a cooperative planning process
to establish a voluntary regional compact among the counties, cities,
towns and villages of the greenway to further the recommended criteria
of natural and cultural resource protection, conservation and management
of renewable natural resources, regional planning, economic development,
public access and heritage education.

2. Initially, the council shall offer technical assistance from the
conservancy and state agencies to the riverside communities in attaining
the goal of establishing and having maximum effective implementation of
local planning and zoning through natural and cultural resources
inventories, the adoption of a comprehensive zoning ordinance or local
law, master plan, site plan and subdivision plat review consistent with
the greenway criteria. The council shall also encourage the use of
cluster zoning, historic preservation ordinances, transfer of
development rights, conservation easements, designation of critical
environmental areas and other zoning techniques where appropriate to
attain local planning and environmental objectives and participation in
the coastal management program and the state urban cultural park
program. The council and the conservancy may each, consistent with their
respective responsibilities as provided in this article, enter into
contracts not to exceed fifty percent of project cost with riverside
communities and in consultation with appropriate state agencies for
purposes of administrating grants pursuant to this subdivision
including, but not limited to, grants to conduct natural and cultural
resources inventories, prepare or update a master plan, a zoning
ordinance, a transfer of development rights ordinance, a local
government waterfront revitalization program, an urban cultural park
feasibility study or management plan or a tourism development
feasibility study or plan. Any community which receives a grant pursuant
to this subdivision may, at the discretion of the council or the
conservancy, contribute its fifty percent of the project cost in the
form of an in kind or other non-monetary contribution.

3. Not later than four years after the effective date of this article,
the council shall convene meetings of the chief elected officials of
counties, cities, towns and villages or their designated representatives
for each of the subregional districts designated by the council. Such
officials in each district shall organize to prepare, or cause to be
prepared within twenty-four months, a comprehensive regional plan for
their district to be submitted to the council. The conservancy shall
offer technical assistance in preparation of such plans and amendments
thereof. Within funds available therefor, the council shall grant funds
to meet the cost of each regional plan and amendments thereof. Each such
regional plan shall address the greenway criteria and the objectives
adopted by the council by provisions including, but not limited to,
identifying developments of regional impact and areas of regional
concern including, but not limited to identifying necessary public
facilities and infrastructure consistent with such criteria and
objectives and providing for the voluntary adoption by action of a local
legislative body and implementation of relevant provisions by each
participating county, city, town and village. The council shall review
each regional plan for its consistency with the greenway criteria and
objectives and to assure that the regional plans conform to establish an
overall greenway compact. Upon finding such consistency and conformance,
the council shall approve the regional plan and, upon approving all the
regional plans, shall produce an overall greenway plan to be known as
the compact. If the local officials in any district fail to produce a
regional plan for their district or submit such plan which the council
cannot approve, the council may prepare or cause to be prepared a
district plan which cities, towns and villages in such district may
voluntarily adopt by local law to become participating communities. The
council's actions shall not be inconsistent with the requirements of
article forty-two of the executive law in approving any regional plan.

4. Upon approval by the council of a regional plan, each county, city,
town or village within the district for which the plan was prepared and
which adopted the plan by its local legislative body shall become a
participating community in the greenway compact by adopting the regional
plan as provided in such plan.

4-a. Notwithstanding any other provision of this article, the mayor of
the city of New York may submit those portions of such city's waterfront
revitalization program, prepared pursuant to article forty-two of the
executive law and adopted through the process for the adoption and
amendment of plans contained in the charter of such city, as such
program applies to areas within the greenway, as the regional plan for
the region comprised of the areas of Bronx and New York counties
designated pursuant to section 44-0109 of this article. The mayor of
such city may submit amendments to such regional plan adopted through
the process for the adoption and amendment of plans contained in the
charter of such city. Any such plan or amendment thereof submitted
pursuant to this subdivision shall be deemed to have been approved
pursuant to this section and, upon submission of such plan, the areas of
the city of New York designated pursuant to section 44-0109 of this
article and which are also included within such plan shall be deemed to
be a participating community and, unless otherwise specified, the mayor
of such city shall exercise the authority granted to such participating
community. Solely for purposes of subdivision five of this section the
plan submitted by the city of New York pursuant to this section and any
amendments thereto shall not be deemed a generic environmental impact
statement or regional plan.

4-b. Nothing contained in this article shall be deemed to affect,
impair or supersede the provisions of any city charter, local law, rule
or other local requirements and procedures heretofore or hereafter
adopted, including, but not limited to, any such provisions relating to
the zoning and use of land.

5. A regional plan prepared consistent with the procedures of section
8-0109 of this chapter relating to the preparation and contents of an
environmental impact statement shall be considered a generic
environmental impact statement. Actions proposed in conformance with the
conditions and thresholds established in such regional plan will require
no further compliance with article eight of this chapter.

6. Notwithstanding any other provision of law, any state agency may
provide in implementing a ranking system for allocating funds for
infrastructure, land acquisition or park assistance projects a
preference not to exceed the equivalent of an advantage of five percent
for such projects which are identified in a regional plan approved
pursuant to this section.

* 7. For each such participating community there shall be indemnity
from the state in the event of legal actions brought against the
community or its agents that may result from the community's acquisition
of land consistent with its regional plan or the adoption or
implementation of any land use control including, but not limited to, a
zoning law or ordinance. Such indemnity shall not apply to the counties
of New York and Bronx for such legal actions brought as a result of New
York City's adoption of a regional plan or amendments thereto pursuant
to subdivision four-a of this section. Such indemnity shall apply to the
extent that any such claim exceeds the insurance coverage obtained by
the council pursuant to subdivision twenty-three of section 44-0107 of
this article; provided, however, such indemnity shall not apply to any
such claim that results from intentional wrongdoing, recklessness, gross
negligence or an unlawful discriminatory practice as provided in
subdivisions two, two-a, three-b, four, paragraphs (a) and (b) of
subdivision five and subdivisions six, seven, fourteen and eighteen of
section two hundred ninety-six of the executive law and 42 U.S.C. § §
1981, 1983 by such community or its agents. In any claim against a
participating community of unlawful discriminatory practice, the
attorney general shall not represent the defendant or defendants;
provided, however, that if the plaintiff is not the prevailing party,
the defendant or defendants shall be reimbursed by the state for all
reasonable attorneys' fees and litigation expenses incurred in the
defense of the action.

* NB Repealed December 31, 2022

8. Pursuant to a chapter of the laws of New York to be enacted,
authority shall be granted for a community to utilize other innovative
zoning techniques in carrying out the compact.

9. In addition to any other funds available from the state,
participating communities and nonprofit entities designated by such
communities shall be eligible for capital, program and planning matching
grants from the council and the conservancy including, but not limited
to grants for municipal historic preservation projects to acquire,
restore or rehabilitate property listed on the state or national
registers of historic places or for educational programs related to such
historic places, municipal park projects for the acquisition,
development or improvement of recreational facilities or the acquisition
of land for open space conservation and management of renewable natural
resources and natural resource protection including the preservation of
endangered species and their natural communities, waterfront
revitalization projects to acquire land for public access to the Hudson
river or to protect river resources or to clear waterfront sites for
public or private water dependent uses or to develop, improve or
rehabilitate water dependent or waterfront facilities including wharfs
and piers, consistent with a local waterfront revitalization program,
urban cultural park projects for planning, program, acquisition or
development consistent with the purposes of article thirty-five of the
parks, recreation and historic preservation law, tourism marketing
projects, development and commercial revitalization and community
development programs and projects, natural resources inventories,
agriculture preservation projects and public and private infrastructure
improvement related to the development of the greenway trail, from money
appropriated from the Hudson river valley greenway fund. The state share
of the cost of such projects shall not exceed fifty percent of the total
project cost. Such grants shall be made by the council and the
conservancy consistent with their respective responsibilities as
provided in this article. The council and conservancy shall enter into
contracts with participating communities and in consultation with
appropriate state agencies for the purpose of administering these
grants.

10. The council and conservancy shall create a committee comprised of
three members from each who shall establish a procedure by which other
grants not delineated herein, which are consistent with the greenway
criteria, shall be made.

11. Notwithstanding any other provision of law, participating
communities shall be eligible to take part in and receive grants and
loans from the urban development corporation's urban and community
development program and regional economic development program.

12. The council may, after holding a public hearing in the appropriate
district, withdraw its approval of a regional plan where it finds that
there has been a significant failure to implement such plan by a
majority of the participating counties, cities, towns and villages
within the district. When approval has been withdrawn from a regional
plan, the communities therein may not have the benefits of participating
communities pursuant to subdivisions five through nine of this section.
The council shall report such withdrawal of approval to the governor and
the legislature stating the reasons for such action consistent with
subdivisions one through six of this section.

13. The council may promulgate rules and regulations providing for
maintaining and updating the compact.