N.Y. Town Law § 64-g: Town of Warwick preservation funds

§ 64-g. Town of Warwick preservation funds. 1. As used in this

section, the following words and terms shall have the following

meanings:

(a) "Town" means the town of Warwick.

(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 of Warwick 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 local

government 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-F 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

of Warwick may 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. The number of residents shall be

determined by the 2000 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, and (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. Not more than ten percent of the fund shall be utilized for

the management and stewardship program. 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 aquifer recharge areas; (e) preservation of undeveloped

beachlands or shoreline; (f) 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; (g) preservation of unique or threatened ecological

areas; (h) preservation of rivers and river areas in a natural,

free-flowing condition; (i) preservation of forested land; (j)

preservation of public access to lands for public use including stream

rights and waterways; (k) 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

(l) undertaking any of the aforementioned in furtherance of the

establishment of a greenbelt.

5. The town board which has established 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 municipality who shall serve without compensation. No member of the

local legislative body 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 which has established a community preservation fund

shall, by local law, adopt a community preservation project plan. Such

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 such plan. Such plan shall

establish the priorities for preservation, and shall include the

preservation of farmland as its highest priority. Funds from the

community preservation fund may only be expended for projects which have

been included in such plan. Such plan shall be updated not less than

once every five years, but in no event until at least three years after

the adoption of the original plan. A copy of such plan shall be filed

with the commissioner of environmental conservation, the commissioner of

agriculture and markets and the commissioner of the office of parks,

recreation and historic preservation. Such plan shall be completed at

least sixty days before the submission of the mandatory referendum

required by section fourteen hundred forty-nine-bbbb of the tax law.

7. The town board which has established 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 herein 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.