This article of the Southold Town Code shall
be known and may be cited as the "Community Preservation Fund."
The Town of Southold possesses a rich heritage
of scenic, historic and natural resources which are vital to the Town's
sense of place and to its economic success as a community. The lands
which comprise these resources are rapidly being lost to development,
however, and the Town's special identity is in danger of being damaged
forever. In furtherance of its objective of preserving the Town's
remaining natural, scenic and historic treasures, the Southold Town
Board finds it necessary to establish a dedicated fund for their conservation.
Such fund is specifically authorized under § 64-e of the
New York Town Law and is necessary to the enactment of a two-percent
real estate transfer tax, which is also authorized by Town Law § 64-e
and Tax Law Article 31D, and which the Town Board finds to be necessary
to effectuate the Town's community preservation goals.
It is the purpose of this article to establish and create the Southold Community Preservation Fund for the purpose of community preservation as that term is defined in Town Law § 64-e, Subdivision (1)(b), and §
17-4 of this article. Community preservation includes protecting and preserving open and undeveloped lands in the Town of Southold, including wetlands, woodlands, agricultural lands and shorelands, and the other natural resources of the Town for the purpose of protecting historic places and properties within the Town and for the purpose of providing the Town's visitors and residents with outdoor recreational opportunities, all in accordance with the provisions of § 64-e of the New York State Town Law and as more fully set forth therein.
[Amended 10-21-2014 by L.L. No. 11-2014]
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings as
herein defined. Any word or term not noted below shall be used with
a meaning as defined in Webster’s Third New International Dictionary
of the English Language, unabridged (or latest edition).
ADVISORY BOARD
The Southold Community Preservation Fund Advisory Board to
be established and created by the Town Board pursuant to Town Law
§ 64-e, Subdivision (5).
BOARD
The advisory board created pursuant to §
17-45 of this chapter.
[Added 8-2-2022 by L.L. No. 8-2022]
COMMUNITY HOUSING
A primary residential property for an eligible individual
that does not exceed 150% of the purchase price limits established
by the State of New York Mortgage Agency low-interest rate loan program
in nontarget categories for Suffolk County in effect on the contract
date for the sale of such property.
[Added 8-2-2022 by L.L. No. 8-2022]
COMMUNITY PRESERVATION
Preservation of community character, which shall involve
one or more of the following purposes:
A.
Establishment of parks, nature preserves or
recreational areas.
B.
Preservation of open space, including agricultural
lands.
C.
Preservation of lands of exceptional scenic
value.
D.
Preservation of freshwater and saltwater marshes
or other wetlands.
E.
Preservation of aquifer recharge areas.
F.
Preservation of undeveloped beach lands, shorelands
or shoreline.
G.
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.
H.
Preservation of pine barrens consisting of such
biota as pitch pine and scrub oak.
I.
Preservation of unique or threatened ecological
areas.
J.
Preservation of brooks or streams, rivers and
river areas in natural, free-flowing condition.
K.
Preservation of forested land.
L.
Preservation of public access to lands for public
use including stream rights and waterways.
M.
Preservation of historic places and properties
listed on the New York State Register of Historic Places and/or protected
under a municipal or local historic preservation ordinance or local
law.
N.
Undertaking any of the aforementioned in furtherance
of the establishment of a greenbelt.
COMMUNITY PRESERVATION PROJECT PLAN
The Southold Community Preservation Project Plan to be adopted
by the Southold Town Board pursuant to Town Law § 64-e,
Subdivision (6), which shall be known as the "Southold Community Preservation
Project Plan."
ELIGIBLE INDIVIDUAL
A household with an income that does not exceed 100% of the
income limits as established by the State of New York Mortgage Agency
low-interest rate loan program in nontarget categories for Suffolk
County in effect on the contract date for the sale of such property.
[Added 8-2-2022 by L.L. No. 8-2022]
FIRST-TIME HOMEBUYER
An eligible individual who has not owned a primary residential
property and is not married to a person who has owned a residential
property during the three-year period prior to his or her purchase
of the primary residential property, and who does not own a vacation
or investment home.
[Amended 8-2-2022 by L.L. No. 8-2022]
FUND
A.
The Southold Community Preservation Fund established and created
by this article pursuant to Town Law § 64-e.
B.
The community housing fund established pursuant to §
17-51 of this chapter.
[Added 8-2-2022 by L.L. No. 8-2022]
If any clause, sentence, paragraph, section
or part of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
This article shall take effect immediately upon
filing with the Secretary of State as provided by law.