Town of New Castle, NY Chapter 91 Open Spaces

[HISTORY:[1] Adopted by the Town Board of the Town of New Castle 12-6-2022 by L.L. No. 14-2022. Amendments noted where applicable.]

[1] Editor's Note: Former Ch. 91, Peddling and Soliciting, adopted 1-25-1940, was repealed 10-25-1977 by L.L. No. 16-1977. See Ch. 53, Canvassers and Solicitors.

§ 91-1 Purpose.

The Town Board hereby establishes a reserve fund for the reserve and dedication of monies to acquire real property, and interests or rights in real property, for the purposes of preserving and protecting such property as authorized General Municipal Law § 247, and creating and maintaining new park and recreational spaces.

§ 91-2 Legislative findings.

The Town Board finds and declares it to be the public policy of the Town to preserve, protect, and conserve its natural resources and environmentally sensitive areas, and to expand and enhance the Town's parklands and recreational spaces. To these ends, and consistent with the priorities and goals established in the Town's 2017 Comprehensive Plan, the Town Board hereby establishes a reserve fund dedicated to the acquisition, improvement, maintenance, and preservation of open space land for conservation, park, and recreational purposes.

§ 91-3 Fund established.

A. Fund account. The Town Comptroller shall establish and maintain a separately designated account, pursuant to New York State General Municipal Law § 6-c, known as the "Open Space Preservation Reserve Fund Account," and shall implement such accounting procedures as may be advisable and required by law.

B. Scope of fund. The Open Space Preservation Reserve Fund Account shall be used only to acquire land or rights in land, and improving and/or maintaining such land, for park, recreational, and conservation purposes, including but not limited to those purposes set forth in General Municipal Law § 247, pursuant to New York General Municipal Law § 6-c1b(1) and (2).

C. Deposits. Annually and not later than June 30 each year, the Town Comptroller shall furnish the Town Board with a written report on the availability of unrestricted, surplus funds that may be available for deposit into the Open Space Preservation Reserve Fund Account. The Town Board shall thereafter confer and determine, in its sole discretion, whether to transfer funds into the Open Space Preservation Reserve Fund Account, and the amount of any such transfer, after due consideration of the Town's current fiscal condition and projected obligations and contingencies.

D. Additional deposits. The Town Board may also accept and deposit in the Open Space Preservation Reserve Fund Account such other funds as may be received through private gift and bequest, or otherwise available from any private or public entity or agency.

E. Prohibitions. No expenditures from the Open Space Preservation Reserve Fund Account shall be made for purposes other than those set forth in this chapter.

§ 91-4 Management of fund.

The Town Comptroller shall invest and monitor the monies in Open Space Preservation Reserve Fund Account in accordance with the provisions of Article 2 of the New York General Municipal Law and all other applicable statutes and regulations.