[HISTORY: Adopted by the Town Board of the Town of Gardiner 4-7-2009 by L.L. No.
3-2009. Amendments noted where applicable.]
A.
The State of New York, by various legislative enactments, including
but not limited to General Municipal Law § 247 and Environmental
Conservation Law § 49-0301, has found that the rapid growth
and spread of urban development is encroaching upon, or eliminating,
many open areas and spaces of varied size and character, including
many having significant scenic or aesthetic values, which areas and
spaces, if preserved and maintained in their present open state, would
constitute important physical, social, aesthetic or economic assets
to existing or impending urban or metropolitan development. The legislature
has determined that the acquisition of open spaces and farmland is
a valid public purpose and that the expenditure of Town funds to acquire
legal interests and rights in such lands is in furtherance of such
purpose and is a proper expenditure of public funds for public purposes.
B.
The Town of Gardiner supports such public purposes and finds that
such purposes can be achieved by instituting a program for the acquisition
of interests or rights in real property for the preservation of open
spaces and farmland. Such a program would be consistent with the Gardiner
Open Space Plan adopted in January 2007. The Town Board further moved
toward local funding for the acquisition of open spaces and farmland
by placing a bonding proposition on the November 2006 general election
ballot. A majority of voters in the Town approved such proposition,
authorizing the expenditure of $150,000 for the acquisition of open
spaces and farmland, including, among other things, development rights.
This chapter is intended to indicate generally and in particular the
procedures to be employed by the Town to protect and conserve open
spaces, as characterized in the Gardiner Open Space Plan, utilizing
the Open Space Preservation and Acquisition Fund established herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Lands used in bona fide agricultural production located in
a New York State certified agricultural district and receiving agricultural
assessment.
The use and production for commercial purposes of all those
items and products as defined in NYS Agriculture and Markets Law § 301,
including, but not limited to, plants and animals useful to man, including
fruits, viniculture, nuts, vegetables, greenhouse plants, tree nurseries,
Christmas trees, forages, sod crops, grains, feed crops, dairy, processing
of farm-produced dairy products, all domestic livestock for breeding
and grazing and the equine industry, aquaculture, hydroponics, and
other similar uses and activities.
The sale or transfer of any development right in real property
acquired under this chapter by or from the Town of Gardiner to another
person or entity and shall include, without limitation, changes or
amendments in the terms or provisions of conservation easements held
by the Town.
A negative easement in gross that restricts the use of real
property to conservation purposes described in a deed of easement
or other legal document.
A legal document which conveys and/or restricts the use of
legal interests in land.
Those rights permitted to real property or land with respect
to residential or commercial uses or density of use in accordance
with law.
In real property shall include any legally recognized interest
and right in real property less than fee simple.
Specific modification to standard agreements, easements,
or other standard documents which furthers program interests.
Parcels of land that are not receiving agricultural assessment.
Such open space may be part of a significant viewshed, harbor endangered
species or abundant animal habitats, protect a vital aquifer, be adjacent
to an already existing conversation easement parcel, proximate to
a public facility, contain a year-round stream or body of water, have
an historic structure (or structures) or proven native American landmarks
and artifacts, or border a scenic road, or have other significant
conservation value as outlined in the Town's Open Space Plan.
The $150,000 authorized by the referendum approved by the
voters on November 5, 2006.
The Gardiner Open Space Planning and Finance Commission.
Includes all monies deposited in the fund established by § 165-5 hereof.
The ability of soils to absorb and transmit water from the
surface toward the subsoil without an artificial or natural barrier.
This term relates to the qualitative evaluation of soils for agricultural
purposes.
Anything constructed, erected or moved from other premises,
and located in, on or under the ground, or attached to anything in,
on or under the ground, including fences.
There is hereby established a commission to be known as the
Open Space Planning and Finance Commission of the Town of Gardiner,
hereinafter referred to as "the Commission."
A.
Commission membership.
(1)
The Commission is constituted as a continuing agency of the Town
of Gardiner and shall consist of five members plus two alternates
to be appointed by the Town Board. Persons residing within the Town
of Gardiner who shall have demonstrated significant interest in and
commitment to the conservation, protection and encouragement of open
space and of agricultural lands, both for production of food and for
preservation of such lands as valued natural and ecological resources
evidenced, either by involvement in conservation and preservation
groups, or expertise in real estate, finance, planning, law, grant
writing, negotiation, etc., by employment or by volunteer activity
in such areas, shall be eligible for appointment as members of the
Commission.
[Amended 12-1-2015 by L.L. No. 1-2015]
(2)
Commission members and alternates shall serve for a term of five
years. The terms of the initial commission shall have staggered expiration
dates, and the staggered expiration of terms shall be maintained.
The Town Board has the option of renewing terms. Commission members
shall file an oath of office with the Town Clerk within 30 days of
appointment.
[Amended 12-1-2015 by L.L. No. 1-2015]
(3)
The Chairman of the Commission shall be appointed by the Town Board
annually and may succeed him or herself in such position for successive
terms of one year each to a maximum of five successive years.
(4)
The Committee shall meet at least quarterly.
(5)
A quorum for the transaction of business shall consist of three of
the Commission's five members.
[Amended 12-1-2015 by L.L. No. 1-2015]
(6)
The chairperson of the Commission may designate an alternate to substitute
for a member when such member is unable to participate on an application
or matter before the Commission. When so designated, the alternate
member shall possess all the powers and responsibilities of such member
of the Commission. Such designation shall be entered into the minutes
of the Commission.
[Added 12-1-2015 by L.L.
No. 1-2015]
B.
Powers and duties of the Commission. The Commission's role is
to advise and assist the Town Board in protecting undeveloped land
and other natural and cultural resources as defined in the Open Space
Plan. The Commission shall have the authority to:
(1)
Solicit applications from landowners for the acquisition of interests
or rights, including development rights of both agricultural and nonagricultural
properties;
(2)
Encourage owners of lands with conservation value to submit applications
consistent with this chapter, in order to establish, preserve or maintain
open space or open areas;
(3)
Offer review, analysis and other assistance with the application
process;
(4)
Communicate with landowners who are potential applicants;
(5)
Review conservation easements annually via monitoring by the Town
Code Enforcement Officer, or make other provisions for such monitoring,
of interests acquired to insure that regulations are properly observed,
file a written report on each parcel and notify the owner, in writing,
of any noted infraction;
(6)
Serve as a review board for the making of recommendations for the
location, construction, or moving of structures on, to or within all
lands on which development rights have been acquired with respect
to any applications pending before any other local governmental board,
body or agency;
(7)
Promulgate, subject to Town Board approval, such procedural rules
and regulations as may be necessary to carry out the purposes and
intent of this chapter, including developing ranking criteria that
are consistent with the Open Space Plan;
(8)
Administer the provisions as promulgated, including evaluation and
ranking of applicants for acquisition or interests in real property;
(9)
Advocate conservation-based development. Educate the public and large
landowners on land protection strategies and opportunities. Work with
interested and willing landowners to help them realize attractive
economic returns from their land.
(10)
Seek funds to leverage the $150,000 bond from government and
private sources.
(11)
Develop and nurture relationships with key land use and conservation
organizations, land trusts, planning boards, etc.
(12)
Have such powers and exercise such duties as are set forth in
chapter.
(13)
Hold yearly informational meetings and provide quarterly written
reports of activities to the Town Board.
A.
The Town of Gardiner Open Space Preservation and Acquisition Fund
(the fund) is hereby established.
B.
Deposits into the fund shall include revenues of the Town from whatever
source and shall include, at a minimum, Open Space Bond Funds, all
revenues from or for the amortization of indebtedness authorized for
the acquisition of open spaces or areas pursuant to § 247
of the General Municipal Law, and any revenues from the real estate
transfer tax which may be established.
C.
The fund shall also be authorized to accept gifts on behalf of the
Town. Interest accrued by monies deposited in the fund shall be credited
to the fund.
D.
In no event shall monies deposited in the fund be transferred to
any other fund or account.
E.
Nothing contained in this chapter shall be construed to prevent the
financing, in whole or in part, pursuant to the Local Finance Law
of the State of New York, of any acquisition or interest authorized
by this chapter. Monies from the fund may be utilized to repay any
indebtedness or obligations incurred pursuant to the Local Finance
Law, consistent with the purposes and intent of this chapter.
The purposes of the fund shall be exclusively:
A.
To implement the Town's open space preservation and acquisition
program;
B.
To acquire interests or rights in real property for the preservation
of agricultural and open space lands within the Town;
C.
The acquisition of interest and rights in real property under the
fund shall be in cooperation with willing sellers.
A.
The Town Board shall hear and decide on all applications made pursuant
to this chapter. The following is the procedure to be followed by
the Town Board, the Commission and the applicants:
(1)
The Town Board shall announce the availability of funding.
(2)
The Commission will create an application form and establish a due
date for applications.
(3)
All applications shall be filed with the Commission, by the due date
and upon the application form created for this purpose and supported
by such additional information, maps and other documents as shall
reasonably be required by the Commission to insure compliance with
this chapter.
(4)
Upon filing of such application and payment to the Town of Gardiner
of a filing fee and other charges as set forth from time to time by
resolution of the Town Board, the Commission shall forthwith transmit
to the Town Board all the papers constituting the application along
with the Commission's recommendations and rankings.
(5)
The Town Board may hold a public hearing on all applications; the
Town Board must hold a public hearing prior to funding an application.
The Town Board shall publish in the official newspaper of the Town
notice of the time, place and date upon which the application shall
be heard at a public hearing to be held upon not less than 20 nor
more than 30 days next following publication.
(6)
Referrals to the Planning and other boards shall be at the discretion
of the Town Board. At least 20 days before the date of the hearing
held in connection with any application submitted to the Town Board,
the Town Board shall transmit to the Planning Board, to the Environmental
Conservation Commission and to such other boards as the Town Board
shall determine a copy of the application and shall request that each
such board submit to the Town Board its advisory opinion on said application.
Each board shall submit its recommendations prior to the date of the
public hearing. The failure of such board to submit its recommendations
shall be interpreted as a favorable recommendation upon the application.
(7)
Nothing herein shall prevent the Town Board from entering into a
conditional purchase agreement before a public hearing is held.
(8)
Any resolution of the Town Board approving an acquisition of land
pursuant to this chapter shall include a finding that such acquisition
is a suitable alternative for the protection of such lands available
for the Town, that such acquisition is in furtherance of the Town's
goals for the equitable allocation of open space acquisition bond
funds (if applicable), and that acquisition is in furtherance of other
applicable program goals.
(9)
A decision to fund may be for a limited time or can be rescinded
at any time by the Town Board.
(10)
Nothing prevents the Town Board from submitting grant applications
with necessary assurances to fund acquisition for specific properties
as recommended by the Open Space Commission without a public hearing.
B.
The Town Board may purchase real estate from a willing seller that is deemed to be threatened by development, in order to protect a critical area of open space. Open space acquisition bond funds may be temporarily used for such purposes. Such land shall then be sold (alienated), at any time, as long as it is in keeping with the open space purposes for which it was acquired and as long as it bears a conservation easement similar to the easements which constrain other lands in the open space program. To the extent that the funds used to purchase such land came from the fund, the net sales price of such land will be returned to the fund. A public hearing must be held prior to purchase. A sale of land pursuant to the provisions of this subsection shall not be subject to the requirement of § 165-8.
Except as otherwise set forth in this chapter, no lands acquired
pursuant to this chapter shall be alienated, except by vote of a majority
plus one of the entire Town Board, subject to permissive referendum,
pursuant to the procedures found in Article VII of the Town Law. Before
starting the alienation process, it is incumbent upon the Town Board
to demonstrate that said lands no longer serve a valid conservation
purpose, as outlined in the Town's open space plan. Any funds
received as a result of alienated land shall go back into the Open
Space Fund.
A.
Upon announcement by state and/or federal grant funds, two Commission
members shall be selected to study the RFP (request for proposals)
and make a recommendation to the Commission about whether or not to
apply for a particular grant. To the extent appropriated funds are
available and with the consent of the Town Board, the Commission may
employ the services of a grant writer to be retained by the Town in
order to facilitate and enhance the application for and receipt of
grants.
B.
After evaluating and ranking the lands that would qualify for a grant,
only those that rank within the top 15% of all applicants shall be
submitted for state funding (and federal funding, when available).
The Town Board may accept by gift interests in open spaces,
or rights thereto, on terms and conditions acceptable to the Town
Board. If so designated, such lands and or rights, including, among
other things, development rights, shall be deemed to have been acquired
under the open space preservation program.
The Town Board shall adopt specimen conservation easements for
agricultural and nonfarm lands, which easements shall be made appendices
to this chapter. Such easements shall be on file in the Town offices.
Such specimen easements may be amended from time to time and are subject
to negotiation.
The Commission shall have access to attorneys for the Town designated
by the Town Board in matters requiring legal opinion.
Notwithstanding the provisions of any special law, charter law,
local law or resolution which may be inconsistent herewith, in whole
or in part, this chapter shall in all respects control in the matter
of acquisition of land and/or development rights.
If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudicated invalid by a
court of competent jurisdiction, such judgment shall be confined in
its operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances,
and the Town Board of the Town of Gardiner hereby declares that it
would have passed this chapter or the remainder thereof had such invalid
application or invalid provision been apparent.
All ordinances, local laws and parts thereof that are inconsistent
with this chapter are hereby repealed.
This chapter shall take effect immediately upon the filing in
the office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.
