As used in this chapter, the following terms
shall have the meanings indicated:
BASELINE REPORT
A report, including photographs, maps and narrative, that
documents the current state of the property at the time that interests
in property are acquired pursuant to this chapter. The baseline report
should document features that are important to the Commission and
Town Board in its decision to acquire the property or interest in
it. The baseline report must be signed, as witnessed by a notary,
by the seller(s) of the property or Interests in the property, the
Chair or Vice Chair of the Commission, and the Town Supervisor or
her or his designee authorized by the Town Board.
DEVELOPMENT RIGHTS
Those rights permitted to real property or land with respect
to residential or commercial uses or density of use in accordance
with law.
INTERESTS IN PROPERTY
Such term shall include any legally recognized interest or
right in real property including fee simple ownership, ownership of
development rights or easements, covenants, contractual rights, leases
of property or development rights, options to purchase any such interests,
and other interests or rights. Interests in property may also be term
interests that expire after a set amount of time.
MONITORING PLAN
A plan, including maps and narrative, that outlines the plan
to monitor preservation of the condition of the interests in property
described in the baseline report and describes the remedies in the
event of noncompliance with the easement or other requirements of
the purchase of the interests in property. The monitoring plan must
be signed, as witnessed by a notary, by the seller(s) of the property
or interests in the property, the Chair or Vice Chair of the Commission,
and the Town Supervisor or her or his designee authorized by the Town
Board.
MONITORING REPORT
A report produced at least annually by the Commission, Town,
or a private entity hired or designated by the Commission or Town,
that documents compliance with the baseline report and the monitoring
plan. Upon completion, the monitoring report should be signed by the
report author, voted to be accepted by Commission and signed by its
Chair, and signed by the property owner, if applicable. In the event
that the property owner refuses to sign, that refusal should be documented.
Copies of the report shall be filed with the Town Clerk and distributed
to the Commission and Town Board and otherwise distributed and publicized
in a manner that promotes public capacity to monitor the quality of
the assets acquired under this chapter.
POTENTIAL CONFLICT OF INTEREST
For the purposes of this chapter, a potential conflict of
interest is a situation in which a member of the Commission or the
Town Board or her/his family could specifically benefit from an action
taken by the Commission. For purposes of this definition, family members
include spouses and domestic partners, parents and parents-in-law,
stepparents, siblings and stepsiblings, children and stepchildren,
grandparents and grandchildren. For purposes of this definition, "specifically
benefit" means any reward that accrues in a greater amount to the
Commission or Town Board member in question than to other citizens
of Marbletown. For example, a potential conflict of interest would
arise if the Commission considered purchasing interest in property
next to a Commission member's mother's home or in a farm where a Commission
member's spouse works.
The Town Board may accept by gift interests
in property on terms and conditions acceptable to the Town Board.
If so designated, such lands and/or rights, including, among other
things, development rights, shall be deemed to have been acquired
under the clean water, open space and agricultural land acquisition
program and shall be subject to the same diligence established by
this chapter and related amendments and regulations including requirements
to establish a baseline report and a monitoring plan.