N.Y. Town Law § 64-f: Town of Brookhaven community preservation fund

§ 64-f. Town of Brookhaven community preservation fund. 1. As used in

this section, the following words and terms shall have the following

meanings:

(a) "Town" means the town of Brookhaven in the county of Suffolk.

(b) "Community preservation" shall mean and include any of the

purposes outlined in subdivision four of this section.

(c) "Board" means the advisory board required pursuant to subdivision

five of this section.

(d) "Fund" means the community preservation fund created pursuant to

subdivision two of this section.

2. The town board of the town is authorized to establish by local law

a community preservation fund pursuant to the provisions of this

section. Deposits into the fund may include revenues of the town from

whatever source and shall include, at a minimum, all revenues from a tax

imposed upon the transfer of real property interests in such town

pursuant to article thirty-one-B of the tax law. The fund shall also be

authorized to accept gifts of any such interests in land or of funds.

Interest accrued by monies deposited into the fund shall be credited to

the fund. In no event shall monies deposited in the fund be transferred

to any other account. Nothing contained in this section shall be

construed to prevent the financing in whole or in part, pursuant to the

local finance law, of any acquisition authorized pursuant to this

section. Monies from the fund may be utilized to repay any indebtedness

or obligations incurred pursuant to the local finance law consistent

with effectuating the purposes of this section. The town shall only

adopt the local law authorized by this subdivision if it has incurred or

authorized bonded indebtedness since nineteen hundred eighty for open

space purposes equal to or greater than two hundred dollars per town

resident, and shall also include in such calculation of its incurred or

authorized bonded indebtedness, the incurred or authorized bonded

indebtedness dedicated for open space purposes of the county of Suffolk

within the town. The number of residents shall be determined by the 1990

U.S. Census. Said local law shall make a finding that the town has

complied with the per resident financial commitment requirement of this

subdivision.

3. The purposes of the fund shall be exclusively, (a) to implement a

plan for the preservation of community character as required by this

section, (b) to acquire interests or rights in real property for the

preservation of community character within the town including villages

therein in accordance with such plan and in cooperation with willing

sellers, (c) to establish a bank pursuant to a transfer of development

rights program consistent with section two hundred sixty-one-a of this

chapter, (d) to provide a management and stewardship program for such

interests and rights consistent with subdivision nine of this section

and in accordance with such plan designed to preserve community

character; provided that not more than ten percent of the fund shall be

utilized for the management and stewardship program, and (e) to make

payments to school, fire, fire protection and ambulance districts in

connection with lands owned by the state or any municipal corporation

within the central pine barrens area as defined in subdivision ten of

section 57-0107 of the environmental conservation law. Such payments may

only be made to districts where more than twenty-five percent of the

assessed value of such district is wholly exempt from real property

taxation pursuant to the real property tax law because it is owned by

the state or a municipal corporation. Not more than ten percent of the

fund may be used for said purpose in any calendar year. Such payments

from the fund shall not exceed the actual tax liability that would have

been due if such lands of the state or of a municipal corporation had

been subject to real property taxation. Where more than one district is

eligible for such a payment under this subdivision, and such payment is

less than the actual tax liability that would have been due if such

lands of the state or a municipal corporation had been subject to real

property taxation, the town shall apportion such annual payment on the

basis of the total tax levied by each district within the town for the

year such payment is made. Such payment made by the town shall be used

solely to reduce the property tax liability of the remaining taxpayers

of the district within said town. If the implementation of the community

preservation project plan, adopted by the town board, as provided in

subdivision six of this section, has been completed, and funds are no

longer needed for the purposes outlined in this subdivision, then any

remaining monies in the fund shall be applied to reduce any bonded

indebtedness or obligations incurred to effectuate the purposes of this

section.

4. Preservation of community character shall involve one or more of

the following: (a) establishment of parks, nature preserves or

recreation areas; (b) preservation of open space, including agricultural

lands; (c) preservation of lands of exceptional scenic value; (d)

preservation of fresh and saltwater marshes or other wetlands; (e)

preservation of aquifer recharge areas; (f) preservation of undeveloped

beachlands or shoreline; (g) establishment of wildlife refuges for the

purpose of maintaining native animal species diversity, including the

protection of habitat essential to the recovery of rare, threatened or

endangered species; (h) preservation of pine barrens consisting of such

biota as pitch pine, and scrub oak; (i) preservation of unique or

threatened ecological areas; (j) preservation of rivers and river areas

in a natural, free-flowing condition; (k) preservation of forested land;

(l) preservation of public access to lands for public use including

stream rights and waterways; (m) preservation of historic places and

properties listed on the New York state register of historic places

and/or protected under a municipal historic preservation ordinance or

law; and (n) undertaking any of the aforementioned in furtherance of the

establishment of a greenbelt.

5. The town board of the town upon establishment of a community

preservation fund shall create an advisory board to review and make

recommendations on proposed acquisitions of interests in real property

using monies from the fund. Such board shall consist of five or seven

legal residents of the town who shall serve without compensation. No

member of the town board shall serve on the board. A majority of the

members of the board shall have demonstrated experience with

conservation or land preservation activities. The board shall act in an

advisory capacity to the town board. At least one member of the board

shall be an active farmer.

6. The town board of the town upon establishment of a community

preservation fund shall, by local law, adopt a community preservation

project plan. This plan shall list every project which the town plans to

undertake pursuant to the community preservation fund. It shall include

every parcel which is necessary to be acquired in the town in order to

protect community character. Such plan shall provide for a detailed

evaluation of all available land use alternatives to protect community

character, including but not limited to: (a) fee simple acquisition, (b)

zoning regulations, including density reductions, cluster development,

and site plan and design requirements, (c) transfer of development

rights, (d) the purchase of development rights, and (e) scenic and

conservation easements. Said evaluation shall be as specific as

practicable as to each parcel selected for inclusion in the plan. The

plan shall establish the priorities for preservation, and shall include

the preservation of farmland as its highest priority. Funds from the

community preservation fund shall only be expended for projects which

have been included in said plan. Said plan shall be updated not less

than once every five years. A copy of the plan shall be filed with the

commissioner of environmental conservation, the commissioner of

agriculture and markets and the commissioner of parks, recreation and

historic preservation. Said plan shall be completed at least sixty days

before the submission of the mandatory referendum required by section

one thousand four hundred forty-one of the tax law.

7. The town board of the town upon establishment of a community

preservation fund pursuant to this section shall study and consider

establishing a transfer of development rights program to protect

community character as provided for by section two hundred sixty-one-a

of this chapter. All provisions of such section two hundred sixty-one-a

shall be complied with. If at any time during the life of the community

preservation fund a transfer of development rights program is

established, the town may utilize monies from the community preservation

fund in order to create and fund a central bank of the transfer of

development rights program. If at any time during the life of the

community preservation fund, a transfer of development rights program is

repealed by the town, all monies from the central bank shall be returned

to the community preservation fund.

8. No interests or rights in real property shall be acquired pursuant

to this section until a public hearing is held as required by section

two hundred forty-seven of the general municipal law; provided, however,

that nothing in this subdivision shall prevent the town board from

entering into a conditional purchase agreement before a public hearing

is held. Any resolution of the town board approving an acquisition of

land pursuant to this section, shall find that acquisition was the best

alternative for the protection of community character of all the

reasonable alternatives available to the town.

9. Lands acquired pursuant to this section shall be administered and

managed in a manner which (a) allows public use and enjoyment in a

manner compatible with the natural, scenic, historic and open space

character of such lands; (b) preserves the native biological diversity

of such lands; (c) with regard to open spaces, limits improvements to

enhancing access for passive use of such lands such as nature trails,

boardwalks, bicycle paths, and peripheral parking areas provided that

such improvements do not degrade the ecological value of the land or

threaten essential wildlife habitat; and (d) preserves cultural property

consistent with accepted standards for historic preservation. In

furthering the purposes of this section, the town may enter into

agreements with corporations organized under the not-for-profit

corporation law and engage in land trust activities to manage lands

including less than fee interests acquired pursuant to the provisions of

this section, provided that any such agreement shall contain a provision

that such corporation shall keep the lands accessible to the public

unless such corporation shall demonstrate to the satisfaction of the

town that public accessibility would be detrimental to the lands or any

natural resources associated therewith.

10. Rights or interests in real property acquired with monies from

such fund shall not be sold, leased, exchanged, donated, or otherwise

disposed of or used for other than the purposes permitted by this

section without the express authority of an act of the legislature,

which shall provide for the substitution of other lands of equal

environmental value and fair market value and reasonably equivalent

usefulness and location to those to be discontinued, sold or disposed

of, and such other requirements as shall be approved by the legislature.

Nothing in this section shall preclude the town, by local law, from

establishing additional restrictions to the alienation of lands acquired

pursuant to this section. This subdivision shall not apply to the sale

of development rights by the town acquired pursuant to this section,

where said sale is made by a central bank created by the town, pursuant

to a transfer of development rights program established by the town

pursuant to section two hundred sixty-one-a of this chapter, provided,

however (a) that the lands from which said development rights were

acquired shall remain preserved in perpetuity by a permanent

conservation easement or other instrument that similarly preserves the

community character referenced in subdivision four of this section, and

(b) the proceeds from such sale shall be deposited in the community

preservation fund.