N.Y. Town Law § 64-j: Town of Northeast preservation funds

§ 64-j. Town of Northeast preservation funds. 1. As used in this

section, the following words and terms shall have the following

meanings:

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

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

purposes outlined in subdivision five of this section.

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

six of this section.

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

subdivision two of this section.

(e) "Tax" shall mean the real estate transfer tax imposed pursuant to

section fourteen hundred thirty-nine-bb of the tax law or, if the

context clearly indicates, shall mean the real estate transfer tax

imposed pursuant to article thirty-one of the tax law.

2. The town board of the town of Northeast 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-A-three 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.

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 ten 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.

4. If the implementation of the community preservation project plan,

adopted by the town board, as provided in subdivision seven 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.

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

the following:

(a) preservation of open space;

(b) establishment of parks, nature preserves, or recreation areas;

(c) preservation of land which is predominantly viable agricultural

land, as defined in subdivision seven of section three hundred one of

the agriculture and markets law, or unique and irreplaceable

agricultural land, as defined in subdivision six of section three

hundred one of the agriculture and markets law;

(d) preservation of lands of exceptional scenic value;

(e) preservation of freshwater marshes or other wetlands;

(f) preservation of aquifer recharge areas;

(g) preservation of undeveloped beach-lands or shoreline;

(h) 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;

(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 purposes of this subdivision in furtherance

of the establishment of a greenbelt.

6. 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. Board members' terms shall be staggered.

7. 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 town clerk, 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 thirty-nine-bb of the

tax law. If at the time of referendum, the town shall have in place an

adopted open space plan, such plan shall be deemed sufficient to waive

the preservation plan requirements of this subdivision. Any monies

expended from the community preservation plan shall, however be

consistent with the purposes outlined in subdivisions three and five of

this section and with the open space plan for a period not to exceed

twelve months.

8. The town board which has established a community preservation fund

pursuant to this section may 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.

9. 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 rights or

interest in real property 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.

10. Rights or interest in real property 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. Notwithstanding any other provision of this

subdivision there shall be no right to public use and enjoyment of land

used in conjunction with a farm operation as defined by subdivision

eleven of section three hundred one of the agriculture and markets law.

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.

11. 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 state

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

state legislature. Any conservation easements, created under title three

of article forty-nine of the environmental conservation law, which are

acquired with monies from such fund may only be modified or extinguished

as provided in section 49-0307 of such law. 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 five of this section, and (b) the proceeds from such sale

shall be deposited in the community preservation fund.