N.Y. Comp. Codes R. & Regs. tit. 6 § 627.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 627.5 - Payments

(a) Installment payments of the State share of the cost of a municipal restoration project shall be made upon the request of the municipality, and may be made as follows:

(1) a first installment of approximately one third of the State grant when not less than one third of the project is completed and approved;

(2) a second installment of approximately one third of the State grant when not less than two thirds of the project is completed and approved;

(3) a third installment of approximately one third of the State grant when the project is completed and approved;

(4) upon written request by the municipality and evidence of necessity by the municipality, the commissioner may adopt a different schedule of payments; or

(5) five percent will be retained from each payment and the final payment will be released only after approval of final audit, contingent upon correction of deficiencies, if any, either in existence at the final inspection or that may have developed subsequent to final inspection.

(b) Any cost of work completed after the final inspection will not be considered as part of the eligible project cost.

(c) The total grant payments for any project shall not exceed the actual cost of restoration or the estimated reasonable cost, whichever is the lesser.

(d) In the event that the municipality fails to comply with any of the requirements of the Environmental Conservation Law or rules and regulations of the commissioner applicable to the wetlands restoration project, the commissioner may upon reasonable notice withhold, in whole or part, further payments to the municipality pending compliance.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 627.5