Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Bill of Rights — See Charter, Art. I; Admin. Code, Art. I.
Suffolk County Drinking Water Protection Program — See Charter, Art. XII.
Development of agricultural land — See Ch. 8.
Conservation easements — See Ch. 29.
Land exchanges — See Ch. 141.
Environmental quality review — See Ch. 450.
Land development — See Ch. 1001.
[Adopted 8-26-1997 by Res. No. 751-1997 (Ch. 661, Art. I, of the 1985 Code)]

§ 1005-1 Establishment; funding.

[Amended 10-7-1998 by Res. No. 652-1998[1]]
The Land Preservation Partnership Program is hereby established, which program shall meet the following criteria and shall be funded on a matching basis with the towns and villages.
[1]
Editor’s Note: This resolution was adopted by the Legislature after disapproval by the County Executive on 9-30-1998.

§ 1005-2 Criteria for property acquisition.

Properties shall be eligible for acquisition, provided that they meet the specified criteria for acquisition and have completed the specified review procedures for any of the following categories:
A. 
Drinking Water Protection Program: Properties shall meet the criteria specified in Suffolk County Charter §§ C12-2 and C12-3 and have been approved for acquisition by the Board of Trustees of the Department of Parks, Recreation and Conservation and the County Legislature, in accordance with Suffolk County Charter § C12-3.
B. 
Open Space Preservation Program: The property shall contain wetlands, woodlands or other environmentally significant natural resources worthy of preservation. Acquisition of such properties shall be subject to prioritization by the Board of Trustees of Parks, Recreation and Conservation under the Open Space Preservation Program and shall have a priority rank. The property shall have been approved for acquisition by the County Legislature.
[Amended 4-20-1999 by Res. No. 375-1999]
C. 
Farmland Development Rights Program: The property shall meet the definition of agricultural lands specified in Suffolk County Code § 8-2. The property shall have been reviewed and approved by the County Farmland Committee.
[Amended 4-20-1999 by Res. No. 375-1999]
D. 
Watershed and/or estuary protection: The property shall be reviewed and recommended for acquisition by the Department of Health Services, Office of Ecology.
E. 
Other parklands: In addition to containing environmentally significant natural resources, the property may be suitable for use as County parkland. Acquisitions shall be approved by the Board of Trustees of Parks, Recreation and Conservation.

§ 1005-3 Eligibility for consideration.

[Amended 10-7-1998 by Res. No. 652-1998[1]; 4-20-1999 by Res. No. 375-1999]
Properties shall only be eligible for consideration by the County of Suffolk upon receipt by the County Executive of a Town Board or a Village Board resolution which represents that the property is eligible for acquisition under one of the above categories; authorizes acquisition of fee title or a lesser interest therein to be held by the County of Suffolk and/or the relevant town or village as hereinafter noted; and appropriates funds for the acquisition in the amount of 50% of the total cost of acquisition, including but not limited to survey, appraisal, environmental audit, title insurance, tax adjustment and taxes prior to exemption and recommends management and use of the property in accordance with existing or new County land preservation and management categories, as listed hereinafter. If no other recommendation is made, the recommended use shall be parks and recreation.
[1]
Editor’s Note: This resolution was adopted by the Legislature after disapproval by the County Executive on 9-30-1998.

§ 1005-4 Review procedure.

[Amended 10-7-1998 by Res. No. 652-1998[1]]
Upon receipt of the town or village resolution, the Department of Planning shall review the property for eligibility. The Director of Planning shall make a recommendation to the County Executive and County Legislature as to the desirability of acquisition and the proposed management and use of the property. The Planning Department shall initiate SEQRA review of the acquisition and proposed use.
[1]
Editor’s Note: This resolution was adopted by the Legislature after disapproval by the County Executive on 9-30-1998.

§ 1005-5 Categories of use.

The categories of use shall be as follows:
A. 
General park and active or passive recreational use.
B. 
Drinking Water Protection Program (Suffolk County Charter Article XII)/water supply production and distribution.
C. 
The Open Space Preservation Program (natural resource preservation).
[Amended 4-20-1999 by Res. No. 375-1999]
D. 
The Nature Preserve Program.
E. 
The Farmland Development Rights Program.
F. 
Management to avoid an adverse impact on drinking water quality, a watershed or an estuary.
G. 
Management to promote a particular use, such as agriculture, or to restrict use, as specified in a conservation easement.

§ 1005-6 Acquisition of title.

[Amended 4-20-1999 by Res. No. 375-1999]
Upon approval by the Suffolk County Legislature, the County Division of Real Estate may negotiate and acquire, on behalf of the County of Suffolk, fee title or a lesser interest in the properties eligible for this program.

§ 1005-7 Appraisal.

[Amended 10-7-1998 by Res. No. 652-1998[1]]
The relevant town or village may authorize retention of a County-approved appraiser to certify an appraisal to the town or village and the County of Suffolk. Prior to acceptance, the appraisal would be subject to an in-house appraisal review process conducted by the County’s Division of Real Estate. Such appraisal shall be subject to a confidentiality agreement between the relevant town or village and the County of Suffolk.
[1]
Editor’s Note: This resolution was adopted by the Legislature after disapproval by the County Executive on 9-30-1998.

§ 1005-8 Funding; terms and conditions of acquisition.

[Amended 10-7-1998 by Res. No. 652-1998[1]; 4-20-1999 by Res. No. 375-1999]
A. 
Fifty percent of the funding for the acquisition costs shall be provided by the County of Suffolk. The remaining 50% of the funding shall be provided at the closing by the relevant town or village.
(1) 
The County of Suffolk; or
(2) 
The County of Suffolk and the relevant town or village as tenants-in-common, each owning an undivided 50% interest; or
(3) 
Physically dividing the property up between the County of Suffolk and the relevant town or village, with the County of Suffolk owning all of the interest in its respective portion of the property, and with the relevant town or village owning all of the interest in its respective portion of the property.
B. 
The County’s acquisition shall be subject to terms and conditions approved by the Suffolk County Attorney, including an environmental audit.
[1]
Editor’s Note: This resolution was adopted by the Legislature after disapproval by the County Executive on 9-30-1998.

§ 1005-9 Management.

[Amended 4-20-1999 by Res. No. 375-1999]
The County resolution authorizing the acquisition may specify dedication to a County land program or other management category specified herein. Where the County’s interest acquired is farmland development rights, such interest shall be managed in accordance with the policies outlined in Suffolk County Code Chapter 8, Development of Agricultural Land. The property shall be managed and operated by the County of Suffolk, through the Department of Parks, Recreation and Conservation, unless otherwise specified in the County resolution.

§ 1005-10 Municipal cooperation agreements.

[Added 4-20-1999 by Res. No. 375-1999]
If it is not contrary to any statute, the Suffolk County Charter, any local law, any regulation or other County policy, the County is hereby authorized to negotiate and to enter into a municipal cooperation agreement with the relevant town or village for the management of said County acquisition, and the terms and conditions thereof shall be approved by the Suffolk County Attorney in consultation with the respective Commissioner of the County department charged with the management and operation of said property.