[Adopted 8-25-1998 by L.L. No. 14-1998 (Ch. 14, Art. I, of
the 1976 Code)]
This article of the Riverhead Town Code shall be known and may
be cited as the "Community Preservation Fund Law."
This article is adopted for the purpose of protecting and preserving
open and undeveloped lands in the Town of Riverhead, including wetlands,
woodlands, agricultural lands, 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 Town Law and
as more fully set forth therein.
As used in this article, the following words and terms shall
have the meanings indicated:
The Riverhead Community Preservation Fund Advisory Board
established and created by this article.
Includes all of the following:
Establishment of parks, nature preserves or recreational areas.
Preservation of open space, including agricultural lands.
Preservation of 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 shorelands.
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 brooks or streams and riverine areas in natural,
free-flowing condition.
Preservation of public access to lands for public use, including
stream rights and waterways.
Undertaking any of the aforementioned in furtherance of the
establishment of a greenbelt.
The Riverhead Community Preservation Project Plan adopted
by the Riverhead Town Board pursuant to Town Law § 64-e.[1]
The Riverhead Community Preservation Fund established and
created by this article.
A.Â
The Riverhead Community Preservation Fund is hereby established as
authorized by § 64-e of the New York Town Law.
C.Â
The fund shall also be authorized to accept gifts of any such interests
in land or funds; interest accrued by moneys deposited in the fund
shall be credited to the fund.
D.Â
In no event shall moneys deposited in the fund be transferred into
any other account.
E.Â
Nothing contained in this article shall be construed to prevent the
financing in whole or in part, pursuant to the New York Local Finance
Law, of any acquisition authorized pursuant to this article. Moneys
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 article.
A.Â
The purposes of the fund shall be exclusively:
(1)Â
To implement a plan for the preservation of community character as
required by § 64-e, Subdivision 6, of the Town Law.
(2)Â
To acquire interests or rights in real property for the preservation
of community character within the Town, in accordance with said plan.
(3)Â
To establish a bank pursuant to a transfer of development rights
program consistent with § 261-a of the Town Law, at the
sole discretion of the Town Board.
(4)Â
To provide a management and stewardship program for such rights and
interests acquired by the fund, consistent with the provisions of
this article and in accordance with said plan.
B.Â
The acquisition of interests and rights in real property under the
fund shall be in cooperation with willing sellers.
C.Â
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.Â
Upon the full implementation of the Community Preservation Project Plan, and funds being no longer required for the purposes set forth in Subsection A above, any remaining moneys in the fund shall be applied to reduce any bonded indebtedness or obligations incurred to effectuate the purposes of Subsection A.
[Amended 7-20-2004 by L.L. No. 25-2004]
The Riverhead Community Preservation Fund Advisory Board is
hereby established to review and make recommendations on proposed
acquisitions of interests in real property using monies from the fund
and to act in an advisory capacity to the Town Board with respect
to the administration of the fund. The Riverhead Community Preservation
Fund Advisory Board shall be composed of the following two subcommittees:
A.Â
As to agricultural lands and real property that is in use for agricultural production, as those terms are defined in Chapter 201, Agricultural Lands, § 201-2, of the Town Code, that may be identified for potential acquisition under this fund, the duties and responsibilities of the Advisory Board shall be effectuated and implemented by the members of the Farmland Preservation Committee as created pursuant to Chapter 105, Article VIII, of the Town Code.
A.Â
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
New York General Municipal Law. However, nothing herein shall prevent
the Town Board from entering into a conditional purchase agreement
before a public hearing is held.
B.Â
Any resolution of the Town Board approving an acquisition of land
pursuant to this article shall include a finding that acquisition
was the best alternative for the protection of community character
of all reasonable alternatives available to the Town.
A.Â
Lands acquired pursuant to this article shall be administered and
managed in accordance with the following requirements:
(1)Â
Public use and enjoyment of the lands shall be allowed in a manner
which is compatible with the natural, scenic, historic and open space
character of such lands.
(2)Â
The native biological diversity of such lands shall be preserved.
(3)Â
With regard to lands acquired as open space (as opposed to lands
acquired for active recreation use or public water access, or improved
lands acquired for historic presentation reasons), improvements shall
be limited to those designed to enhance access for passive use of
such open space lands such as nature trails, boardwalk, bicycle paths
and peripheral parking areas, provided that such improvements do not
degrade the ecological value of the land or threaten essential wildlife
habitat.
(4)Â
With regard to historic properties, historic and cultural resources
shall be managed and maintained in a manner which is consistent with
accepted standards for historic preservation.
B.Â
The Town may enter into agreements with corporations organized under
the New York Not-For-Profit Corporation Law and which engage in land
trust activities, in order to provide for the management and supervision
of lands acquired by the fund, including less than fee interests in
land. Any such agreements shall, however, provide that such corporations
shall keep the lands under management accessible to the public unless
such corporations shall demonstrate to the satisfaction of the Town
Board that public access would be detrimental to the lands or to any
natural features associated therewith.
A.Â
Rights or interests in real property which are acquired with moneys
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 the express authority of an act of the State Legislature,
which is required to provide for the substitution of other lands having
equal environmental and fair market value and reasonably equivalent
usefulness and location to those to be discontinued, sold or disposed
of, and which may impose other requirements as well.
B.Â
In addition to an act of the State Legislature, real property acquired
with moneys 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.
C.Â
This section 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 and 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:
(1)Â
That the lands from which development rights are acquired shall remain
preserved in perpetuity via a permanent conservation easement or other
instrument that similarly preserves community character as defined
in this article.
(2)Â
That the proceeds from any such sale shall be deposited in the fund.