1 CRR-NY 390.5NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 1. DEPARTMENT OF AGRICULTURE AND MARKETS
CHAPTER X. GRANT PROGRAMS
PART 390. AGRICULTURAL AND FARMLAND PROTECTION
1 CRR-NY 390.5
1 CRR-NY 390.5
390.5 Planning grants.
(a) Matching grants program.
Subject to the availability of funds, the department shall maintain a matching grants program intended to assist counties and municipalities in the development of agricultural and farmland protection plans.
(b) Applications.
Applications for State matching funds shall be submitted to the department by the county's agricultural and farmland protection board or two such boards acting jointly, or the municipality or two such municipalities acting jointly. Applications may be submitted to the department at any time. A county may not make application for funds until it has established its agricultural and farmland protection board and a chairperson for such board has been elected. A municipality may not make application for funds until the county in which the municipality is located has established its agricultural and farmland protection board and a chairperson for such board has been elected. All planning grant applications made to the department shall contain at least the following information:
(1) the name of the county or the municipality applying;
(2) the identification of the county agricultural and farmland protection board chair (name, address, and telephone number);
(3) the identification of an individual to be contacted concerning information contained within the application (name, address, and telephone number);
(4) a summary statement of the trends and conditions in the county or the municipality that warrant agricultural and farmland protection measures;
(5) a description of the agricultural setting in the county or the municipality including:
(i) the approximate number and types of farms in the area which is the subject of the plan;
(ii) the present and future prospect for farm viability in the county or the municipality; and
(iii) other indications of the economic condition and importance of agriculture to the county or the municipality;
(6) a detailed description of the plan of work to be followed in developing the county or the municipal plan;
(7) the anticipated timeframe for completing the plan of work;
(8) a budget detailing the cost of developing the plan, including itemization of costs to be charged against State versus county or the municipal matching resources available to the board or the municipality by individual budget category;
(9) a description of in-kind services to be used for up to 80 percent of the required match;
(10) evidence of the availability of matching funds (such as a copy of a resolution, a copy of a portion of the county or the municipal budget that demonstrates that the matching funds have been earmarked for such activities, a letter from the county or the municipal executive that the county or the municipality has appropriated matching funds, or a copy of letter[s] from an external granting agency that funding is provided to the county or the municipality, or its agent, for the development of the plan);
(11) signature of the chair of the county or the municipal legislative body; and
(12) the qualifications of the principals who will be developing the plan including experience in developing agricultural protection sections of comprehensive plans and land use regulations..
(c) Review and approval.
(1) The commissioner shall review all requests for grant funding in consultation with the advisory council on agriculture. Criteria to be used by the commissioner in determining approval of applications are as follows:
(i) the responsiveness of the grant application to the analytical factors required under section 324 or 324-a of the Agriculture and Markets Law;
(ii) the degree to which the need for agricultural protection by the county or the municipality is substantiated by facts and trends;
(iii) the adequacy of the plan of work (e.g., does it relate to the needs identified, is it logically constructed, and can it be accomplished within the timeframe predicted);
(iv) the qualifications of the principals who will be developing the plan;
(v) the reasonableness of the estimated cost of developing the plan versus the work to be performed;
(vi) overall compliance with procedural requirements of article 25-AAA of the Agriculture and Markets Law; and
(vii) the completeness of the application.
(2) The commissioner, in consultation with the advisory council on agriculture, shall determine whether or not an application shall receive funding within 90 days from the receipt of a complete application. The commissioner may negotiate the amount of funds awarded versus funds requested. The standard for determining the amount of funds awarded is the extent to which the plan meets the criteria set forth in paragraph (1) of this subdivision, as well as mutually acceptable modifications of the application and/or plan of work, and the availability of funds in relation to the number of eligible applications received.
(d) Eligible costs.
The following costs shall be eligible for State reimbursement:
(1) personal services, including fringe benefits for professional, secretarial, and legal services related directly to the development of the plan;
(2) consultant services;
(3) travel;
(4) conducting public hearings;
(5) expendable supplies;
(6) printing; and
(7) communication.
State planning grant funds shall not be made available for the purchase of equipment, non- expendable supplies, or implementation of measures recommended in a plan.
(e) Funding limits and matching requirements.
State grant funds shall not exceed $50,000 to each county or $100,000 to two counties applying jointly and shall not exceed 50 percent of the total cost of preparing a county agricultural and farmland protection plan, or $25,000 to each municipality or $50,000 to two municipalities applying jointly and shall not exceed 75 percent of the total cost of preparing a municipal agricultural and farmland protection plan. Sum total of State grants shall not exceed $50,000 per county or $25,000 per municipality regardless of whether that county or that municipality receives only one award or multiple awards. County funds must match State funds at least on a one-to-one basis and at least 20 percent of its contribution must be cash (i.e., for initial as well as each supplemental county funding). For example, 20 percent of 50 percent of $50,000 equals a $5,000 cash contribution from the county. Municipal funds must match State funds at least on a one-to-three basis and at least 20 percent of its contribution must be cash (i.e., for initial as well as each supplemental municipal funding). For example, 20 percent of 25 percent of $25,000 total project cost equals a $1,250 cash contribution from the municipality. In-kind services matches are acceptable for all eligible costs categories identified in subdivision (d) of this section, as well as for those items set forth in the definition of in-kind services in section 390.2(g) of this Part. Indirect and overhead charges and volunteer services are not acceptable as match. Counties or the municipalities are authorized to use as a match any private or other public (non-State) funds obtained to develop a plan.
(f) Funding and reporting requirements.
The department shall provide all funds to the county or the municipality through a written contract, and shall incorporate the plan of work and approved budget. All funds to the county or the municipality under the contract shall be paid only after submission of a State standard voucher by the county or the municipality, which shall be subject to approval by the State Comptroller and the availability of funds. At the commissioner's discretion, an advance of up to 25 percent of the total State funds awarded may be made under the contract to the county or the municipality to initiate plan development. Whether an advance will be made, and the amount of same, is based upon the county's or the municipality's written request for an advance and statement of need, including the percentage of the funds requested, and the commissioner's determination that the advance is necessary for the county or the municipality to initiate plan development. Thereafter, the remaining State funds will be provided on a reimbursement basis subject to the submission of quarterly progress reports. Ten percent of all State funds awarded shall be withheld until the commissioner verifies that the entire plan of work is completed.
(g) Plan updates.
A county which has an approved agricultural and farmland protection plan may after 120 months from the date of such approval by the commissioner, apply for additional State assistance payments for planning activities related to the updating of its current agricultural and farmland protection plan or development of a new plan. Such additional assistance payments shall not exceed $50,000 to each county agricultural and farmland protection board or $100,000 to two such boards applying jointly, and shall not exceed 50 percent of the total cost of preparing an agricultural and farmland protection plan. Applications for such additional State assistance shall be made and submitted as provided for and in accordance with this section and section 390.3 of this Part.
1 CRR-NY 390.5
Current through March 15, 2021
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