[HISTORY: Adopted by the Albany County Legislature 6-14-1976 by L.L. No. 7-1976. Amendments noted where applicable.]
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.