It is hereby declared to be the policy of the Albany County
Legislature that open spaces and historic sites and buildings are
vital to the well-being of present and future residents of the County.
It is further declared that certain open spaces and historic sites
and buildings should be preserved for the benefit of the residents
of Albany County and that expenditures made for support and implementation
of this policy are a proper County charge.
The Albany County Legislature hereby establishes a preserve
to be known as the "Albany County Nature and Historic Preserve." This
Preserve shall consist of those land areas and historic sites and
buildings designated by the County Legislature to be a part of the
Preserve. The interest of the County can be that of ownership, or
rights of lesser degree such as open space easements, or easements
calling for the maintenance and preservation of historic sites and
buildings. The County Legislature may at any time dedicate a part
or parts of the Preserve to park purposes.
The Preserve shall be in the custody of and maintained by the
Commissioner of Public Works of the County of Albany, under the guidelines
and directives established by the County Legislature.
[Amended 8-9-1976 by L.L.
No. 8-1976]
The Albany County Environmental Management Council, the Albany
County Planning Board and the Conservation Committee of the Albany
County Legislature may recommend from time to time to the Albany County
Legislature, either on a priority basis or otherwise, areas or historical
sites and buildings eligible to become part of the Preserve.
[Amended 8-9-1976 by L.L.
No. 8-1976]
The Environmental Management Council shall prepare a proposed
general use plan for the Preserve. In the preparation of such plan,
protection shall be the first requirement. Thereafter, a plan for
proposed use for physical development shall be considered. In the
preparation of the general plan, the Environmental Management Council
shall conduct such public hearings as it deems necessary and take
any other steps to secure the broadest possible participation on the
part of the people of Albany County to see to it that the general
plan reflects a wide community interest. The Council shall consult
the Albany County Planning Board, the Conservation Committee of the
Albany County Legislature and may consult regional city and town planning
agencies and an historian residing in the County. As soon as this
general plan is presented to the County Legislature it shall conduct
a public hearing for adopting this plan.
It shall be the continuing responsibility of the Environmental
Management Council, the Albany County Planning Commission and the
Conservation Committee of the Albany County Legislature to monitor
the Preserve, and these agencies shall have the duty to report forthwith
to the County Legislature and the County Commissioner of Public Works
any deviation from the approved plan.
[Added 8-9-1976 by L.L.
No. 8-1976]
Farming is considered a right and proper use of such lands heretofore
mentioned, and such use is in keeping with the historical and ecological
preservation of such lands; therefore, all land and buildings used
for agricultural production, as defined in New York State Agriculture
and Markets Law § 301, shall be exempt from any condemnation
proceedings initiated pursuant to any applicable law of the State
of New York. The Environmental Management Council maintains the right
to include in any plan proposed by it a listing of the lands possessing
an agricultural exemption. In the event that any land and/or buildings
so exempt are converted or fall into disrepair so that their significance
to the people of Albany County may be endangered, the Environmental
Management Council shall notify said owner that the protections granted
by this section may be revoked. Said owner shall have 90 days to present
plans to the Environmental Management Council for its approval to
correct the situation. If the situation is not corrected pursuant
to plans submitted and approved as above, the Environmental Management
Council, after consulting the Albany County Planning Board and the
Conservation Committee of the Albany County Legislature and any other
groups deemed advisable by it, and having then received the prior
approval of the Albany County Legislature, shall then revoke all protection
granted said property by this provision.