[Adopted 9-19-2006 by L.L. No. 6-2006]
As used in this article, the following words
and terms shall have the meanings indicated:
The Town of Red Hook Community Preservation Fund Advisory
Board created under this article.
Includes the following:
Preservation of open space;
Establishment of parks, nature preserves, or
recreational areas;
Preservation of land which is predominantly
viable agricultural land, as defined in Subdivision 7 of § 301
of the Agriculture and Markets Law, or unique and irreplaceable agricultural
land, as defined in Subdivision 6 of § 301 of the Agriculture
and Markets Law;
Preservation lands of exceptional scenic value;
Preservation of freshwater and saltwater marshes
or other wetlands;
Preservation of aquifer recharge areas;
Preservation of undeveloped beach lands or shoreline;
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;
Preservation of unique or threatened ecological
areas;
Preservation of rivers or river areas in natural,
free-flowing condition;
Preservation of forested land;
Preservation of public access to lands for public
use, including stream rights and waterways;
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
Undertaking any of the purposes of this subdivision
in furtherance of the establishment of a greenbelt.
The Town of Red Hook Community Preservation Fund established
by this article.
A.
The Town of Red Hook Community Preservation Fund is
hereby established pursuant to § 64-h of the Town Law.
B.
Deposits into the fund may include revenues of the Town from whatever source and shall include all revenues from the real estate transfer tax imposed by the Town pursuant to Article II of this chapter as authorized by Chapter 443 of the Laws of 2006, and pursuant to Article 31-A-1 of the Tax Law of the State of New York.
C.
The fund shall also be authorized to accept gifts
of any such interests in land or of funds. 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 into any other account.
E.
Nothing contained in this section 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 authorized
pursuant to this chapter. Monies from the fund may be utilized to
repay any indebtedness or obligations incurred pursuant to the Local
Finance Law of the State of New York, consistent with effectuating
the purposes of this article.
A.
The purposes of the fund shall be exclusively:
(1)
To implement a plan for the preservation of community
character as required by § 64-h of the Town Law;
(2)
To acquire interests or rights in real property for
the preservation of community character within the Town, including
villages therein, in accordance with said plan;
(3)
To establish a bank pursuant to a transfer of development
rights program consistent with § 261-a of the Town Law;
and
(4)
To provide a management and stewardship program for
such rights and interests, consistent with this article and in accordance
with said plan designed to preserve community character.
B.
The acquisition of interests and rights in real property
under the fund shall be in cooperation with willing sellers.
C.
Not more than 10% of the fund shall be utilized for the management and stewardship program provided for in Subsection A(4) of this section.
D.
If the implementation of the Community Preservation
Project Plan adopted by the Town Board as provided in Subdivision
7 of § 64-h of the Town Law has been completed, and funds
are no longer required for the purposes outlined in this section,
any remaining monies in the fund shall be applied to reduce any bonded
indebtedness or obligations incurred to effectuate the purposes of
this section.
E.
Any monies expended from the fund shall be consistent with the purposes set forth in § 57-3, the definition of "community preservation" set forth in § 57-1 and, for a period not exceeding 12 months following the effective date of Article II of this chapter, the Town's Open Space Plan adopted September 5, 2006. Thereafter such monies shall only be expended in accordance with the Community Preservation Project Plan adopted by the Town Board in accordance with Subdivision 7 of § 64-h of the Town Law.
F.
If at any time during the life of the fund a transfer
of development rights program is established to protect community
character as provided for and in compliance with § 261-a
of the Town Law, the Town may utilize monies from the fund in order
to create and fund a central bank of the transfer of development rights
program. If at any time a transfer of development rights program is
repealed by the Town, all monies from the central bank shall be returned
to the fund.
A.
An Advisory Board is hereby established to review
and make recommendations on proposed acquisitions of interests in
real property using monies from the fund.
B.
Such Board shall consist of seven members who shall
be residents of the Town and who shall serve without compensation.
No member of the Town Board shall serve on the Advisory Board. Members
initially appointed to the Board shall serve staggered terms as follows:
three members shall be appointed for three-year terms, two members
shall be appointed for a two-year terms, and two members shall be
appointed to one-year terms. Thereafter, members shall serve three-year
terms.
C.
A majority of the members appointed shall have demonstrated
experience with conservation or land preservation activities. At least
one member of the Advisory Board shall be an active farmer. Board
members' terms shall be staggered.
D.
The Board shall act in an advisory capacity to the
Town Board.
A.
No interest or right in real property shall be acquired
by the fund until a public hearing is held as required by § 247
of the General Municipal Law.
B.
Nothing herein shall prevent the Town Board from entering
into a conditional purchase agreement before a public hearing is held.
C.
Any resolution of the Town Board approving an acquisition
of land pursuant to this article shall find that acquisition was the
best alternative for the protection of community character of all
the reasonable alternatives available to the Town.
A.
Rights or interests in real property acquired under
this article shall be administered and managed in a manner which:
(1)
Allows public use and enjoyment in a manner compatible
with the natural, scenic, historic, and open space character of such
lands;
(2)
Preserves the native biological diversity of such
lands;
(3)
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
(4)
Preserves cultural property consistent with accepted
standards for historic preservation.
B.
Notwithstanding any other provision of this § 57-6 there shall be no right to public use and enjoyment of land used in conjunction with a farm operation as defined by Subdivision 11 of § 301 of the Agriculture and Markets Law.
C.
The Town may enter into agreements with corporations,
organized under the Not-For-Profit Corporations Law and engage in
land trust activities to manage lands, including less than fee interests
acquired pursuant to this chapter.
D.
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 features associated therewith.
A.
Rights or interests in real property acquired with
monies from the fund shall not be sold, leased, exchanged, donated
or otherwise disposed of or used for other than the purposes permitted
by this chapter 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 Legislature.
B.
Any conservation easements created under Title 3 of
Article 49 of the Environmental Conservation Law, which are acquired
with monies from such fund, may only be modified or extinguished as
provided in § 49-0307 of such law. In addition to an act
of the State Legislature, real property acquired with monies from
the fund shall not be sold, leased, exchanged, donated or otherwise
disposed of or used for other than the purposes permitted by this
article, without a local law adopted by the Town Board. Said local
law shall be adopted by a 4/5 majority and shall be subject to a mandatory
referendum.
C.
Nothing in this Article I shall preclude the Town, by local law, from establishing additional restrictions to the alienation of lands acquired pursuant to this Article I. This § 57-7 shall not apply to the sale of development rights by the Town acquired pursuant to this article, 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 § 261-a of the Town Law. However, said development rights program shall provide that:
