[HISTORY: Adopted by the Town Board of the
Town of Goshen 2-10-2005 by L.L. No. 2-2005. Amendments noted where
applicable.]
A.
The State of New York, by various legislative enactments,
including but not limited to General Municipal Law § 247
and Environmental Conservation Law § 49-0301, has emphatically
stated it to be a most important state policy to provide for open
space and to conserve, protect and encourage the improvement of agricultural
lands, both for production of food and the preservation of such lands
as valued natural and ecological resources. The Legislature has determined
that the acquisition of open spaces is a valid public purpose and
that the expenditure of Town funds to acquire legal interests and
rights in such lands is in furtherance of such policy, and is a proper
expenditure of public funds for public purposes.
B.
The Town of Goshen is in complete accord with such
policy as evidenced in the Town of Goshen Open Space and Farmland
Protection Plan adopted July 2003 and incorporated into the Town of
Goshen Comprehensive Plan adopted July 2004 which recommends the following
action:
(1)
Given current development trends, the Town of Goshen
must become proactive in identifying and preserving additional open
space meeting one or more of the benefits outlined earlier in this
plan.
(2)
It is recommended that the Town pursue options to
establish and build a dedicated fund for the acquisition of open space
including full fee title, conservation easements, development rights,
and options for purchase where appropriate. Term easements may also
be utilized where applicable. Such a fund starts with the use of payment
of lieu of land dedications through residential subdivision approvals.
A fund can also be built from creative use of incentive zoning, municipal
bonding, private donations and taxation options.
C.
The Town Board further moved toward a local funding
for the acquisition of open spaces, particularly PDR, by placing the
bonding proposition on the November 2, 2004, general election ballot.
A majority of voters in the Town approved that proposition authorizing
the expenditure of $5,000,000 for the acquisition of open spaces including,
among other things, development rights.
D.
This chapter is intended to indicate generally, and
in some instances particulars, the procedures which will be employed
by the Town in its pursuit of its goal to protect and conserve open
spaces and agricultural lands.
As used in this chapter, the following terms
shall have the meanings indicated:
Lands used in bona fide agricultural production located in
an agricultural district and receiving agricultural assessment.
The use and production for commercial purposes, of all those
items and products as defined in New York State Agriculture and Markets
Law § 301, including, but not limited to, plants and animals
useful to man including fruits, viniculture, nuts, vegetables, greenhouse
plants, tree nursery, Christmas trees, forages, sod crops, grains,
feed crops, dairy, processing of on-farm-produced dairy products,
all domestic livestock for breeding and grazing and the equine industry,
aquaculture, hydroponics and other similar uses and activities.
The transfer or sale of any development right in real property
from or by the Town of Goshen to another qualified person or entity.
An easement in gross that restricts the use of real property
to conservation and related purposes described in a deed of easement
or other legal document.
Legal document which convey and/or restrict the use of legal
interests in land.
As authorized by § 247 of the New York State General
Municipal Law, as amended, shall mean the permanent legal interest
and right to permit, require or restrict the use of the premises exclusively
for passive open space and agricultural production, as the term is
currently defined in § 301 of the New York State Agriculture
and Markets Law, and the right to prohibit or restrict the use of
the premises for any purpose other than agricultural production and
passive open space.
Any legally recognized interest and right in real property
less than fee simple.
Specific modification to standard agreements, easements,
or other standard documents which furthers program interests.
Parcels of land that are or may be part of a significant
viewshed, harbor endangered species or abundant animal habitat, protect
a vital aquifer, be adjacent to an existing conservation easement
parcel, proximate to a public facility, contain a year-round stream
or body of water, have an historic structure (or structures), proven
native American landmarks and artifacts or border a scenic road.
The Goshen Open Space Preservation Committee.
The ability of soils to absorb and transmit water from the
surface toward the subsoil without artificial or natural barrier.
This term relates to the qualitative evaluation of soils for agricultural
purposes.
Anything constructed, erected or moved from other premises,
and located in, on or under the ground, or attached to anything in,
on or under the ground including fences.
A.
The Open Space Preservation Board is hereby constituted
as a continuing agency of the Town of Goshen.
B.
It shall consist of nine members, each of whom shall
be appointed by the Town Board. This group will consist of at least
one farmer, two non-Goshenites, with experience in open space preservation
and not more than one Town Board member.
C.
A Chair shall be annually elected by the members of
the board and may succeed him/herself for additional terms not exceeding
five years.
The Open Space Board shall have the authority
to:
A.
Solicit applications from eligible landowners for
PDR of qualified properties.
B.
Encourage owners of lands contiguous with already
preserved lands and/or presently agriculturally assessed lands, to
submit application for PDR in order to establish/maintain a critical
open space mass.
C.
Meet to review all applications submitted, and, within
30 days of submission of any application, rank the application using
the ranking system set forth in the Open Space and Farmland Protection
Plan, dated July 2003 and included in the Comprehensive Plan, which
system may be amended from time to time by the Town Board.
[Amended 2-23-2009 by L.L. No. 1-2009]
D.
Prepare a report to the Town Board providing the score
and reasons supporting the score of an application and including a
recommendation regarding the extent of rights to be required, if any.
E.
Hold yearly informational meetings.
F.
Offer help with the PDR application process.
G.
Visit landowners who are potential applicants for
PDR.
H.
Monitor, or make provision therefor, each deed-restricted
parcel yearly to insure that regulations of PDR are properly observed.
File a written report on each parcel, and notify owner in writing,
of any noted infraction.
I.
Review any matters relating to development rights
in particular as they relate to the Town.
J.
Promulgate, subject to Town Board approval, such procedural
rules and regulations as may be necessary to carry out the intent
of this chapter, and to administer its provisions including evaluation
and ranking of applicants for purchase of development rights.
A.
The Town of Goshen Open Space Preservation and Acquisition
Fund (the "fund") is hereby established.
B.
Deposits into the fund may include revenues of the
Town from whatever source and shall include, at a minimum, all revenues
from or for the amortization of indebtedness authorized for the acquisition
of open spaces pursuant to § 246 of the Town Law.[1]
[1]
Editor's Note: So in original. This citation
should refer to § 246 of the General Municipal Law.
C.
The fund shall also be authorized to accept gifts.
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 to any other fund or account.
E.
Nothing contained in this chapter shall be construed
to prevent the financing, in whole or in part, pursuant to the New
York State Local Finance Law, of any acquisition authorized by this
chapter. Monies from the fund may be utilized to repay any indebtedness
or obligations incurred pursuant to the Local Finance Law, consistent
with effectuating the purposes of this chapter.
A.
No interests or rights in real property shall be acquired
pursuant to this chapter until a public hearing is held. However,
nothing herein shall prevent the Town Board from entering into a conditional
purchase agreement before a public hearing is held.
B.
No land or rights in land shall be acquired in a village
within the Town unless such village has consented to such acquisition.
C.
Any resolution of the Town Board approving an acquisition
of land pursuant to this chapter shall include a finding that such
acquisition was the best alternative for the protection of such lands
available for the Town, that such acquisition was in furtherance of
goals for the equitable allocation of open space acquisition bond
funds (if applicable) and that acquisition was in furtherance of other
applicable program goals.
No lands acquired pursuant to this chapter shall
be alienated except by vote of a super-majority (a majority plus one)
of the Town Board, subject to permissive referendum pursuant to the
procedures found in Article 7 of the Town Law.
Upon announcement of any round of grants for
PDR, two Open Space Board members may be selected to study the RFP
(request for proposal), check all applications for completeness, draft
the proposal and submit by the deadline to the granting authority.
The Open Space Board may, to the extent appropriated funds are available,
hire a grant writer to be retained by the Town in order to facilitate
and enhance the receipt of grants.
The Town Board may accept the gift of open spaces,
or rights thereto, 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 Open Space Preservation program.
A.
The Town Board shall distribute the authorized open
space acquisition bond funds in a manner consistent with the contribution
from each school district. To determine the amount, the Town shall
consult with Town Assessor concerning the taxable valuation in each
of the following school districts: Goshen School District and Florida
Union Free School District.
B.
The Town will use the appropriate portion of the authorized
open space acquisition bond funds to purchase property, preferably
parkland, in the school districts of preferably, but not limited to,
property not currently on the tax rolls.
C.
If the Town purchases village-owned property, the
Town and village will enter into a purchase agreement to specify the
types of uses for which the funds can be used to preserve or enhance
open space. Any purchase agreement should also provide that the Town
will not be required to maintain or develop the property unless agreed
upon by the parties.
The Open Space Board shall have access to the
Town Attorney and/or the Deputy Town Attorney in matters requiring
legal opinion.
Notwithstanding the provisions of any special
law, charter law, local law or resolution which may be inconsistent
herewith, in whole or in part, this chapter shall in all respects
control in the matter of acquisition of development rights in qualified
parcels.
