[Adopted 7-20-2022 by L.L. No. 2-2022]
As used in this article, the following words and terms shall
have the meanings indicated:
The Town of Gardiner Community Preservation Advisory Board
created under this article.
[Amended 12-5-2023 by L.L. No. 4-2023]
Preservation of community character shall involve one or
more of the following:
Establishment of parks, nature preserves, or recreational areas.
Preservation of open space.
Preservation lands of exceptional scenic value.
Preservation of fresh and saltwater marshes or other wetlands.
Preservation of aquifer recharge areas.
Preservation of undeveloped beach-lands or shoreline.
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 unique or threatened ecological areas.
Preservation of rivers or river areas in natural, free-flowing
condition.
Preservation of forested land.
Preservation of public access to lands for public use, including
stream rights and waterways.
Preservation of historic places and properties listed on the
New York State Register of Historic Places and/or protected under
a municipal historic preservation ordinance or law.
Undertaking any of the purposes of this article in furtherance
of the establishment of a greenbelt.
Preservation of land which is predominantly viable agricultural
land, as defined in Subdivision 7 of § 301 of the Agriculture
and Markets Law, or unique and irreplaceable agricultural land, as
defined in Subdivision 6 of § 301 of the Agriculture and
Markets Law.
The Town of Gardiner community preservation fund established
by this article.
A.
The Town of Gardiner community preservation fund is hereby established
pursuant to § 6-s of the General Municipal Law.
B.
Deposits into the fund may include revenues of the Town from whatever source and shall include all revenues from the real estate transfer tax imposed by the Town pursuant to Article III of this chapter as authorized by § 6-s of the General Municipal Law and Article 33-B of the Tax Law of the State of New York.
C.
The fund shall also be authorized to accept gifts of any such interests
in land or of funds. 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 into
any other account.
E.
Nothing contained in this article shall be construed to prevent the
financing, in whole or in part, pursuant to the Local Finance Law
of the State of New York, of any acquisition authorized pursuant to
this article. Monies from the fund may be utilized to repay any indebtedness
or obligations incurred pursuant to the Local Finance Law of the State
of New York, consistent with effectuating the purposes of this article.
A.
The purposes of the fund shall be exclusively:
(1)
To implement a plan for the preservation of community character as
required by § 6-s of the General Municipal Law and this
article;
(2)
To acquire interests or rights in real property for the preservation
of community character within the Town, including villages therein,
in accordance with such plan;
(3)
To establish a bank pursuant to a transfer of development rights
program consistent with § 261-a of the Town Law;
(4)
To provide a management and stewardship program for such interests
and rights, consistent with Subdivision 9 of § 6-s of the
General Municipal Law and this article and in accordance with such
plan designed to preserve community character; and
B.
The acquisition of interests and rights in real property under the
fund shall be in cooperation with willing sellers.
C.
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.
Any payments to be made pursuant to Subsection A(5) of this section may only be made to districts where more than 25% of the assessed value of such district is wholly exempt from real property taxation pursuant to the Real Property Tax Law because it is owned by the state or a municipal corporation. Not more than 10% of the fund may be used for such purpose in any calendar year. Such payment shall be made to the extent provided for in the plan approved pursuant to § 6-s of the General Municipal Law. Such payments from the fund shall not exceed the actual tax liability that would have been due if such lands of the state or of a municipal corporation had been subject to real property taxation. Where more than one district is eligible for such a payment under this subsection, and such payment is less than the actual tax liability that would have been due if such lands of the state or a municipal corporation had been subject to real property taxation, the Town shall apportion such annual payment on the basis of the total tax levied by each district within the Town for the year such payment is made. Such payment made by the Town shall be used solely to reduce the property tax liability of the remaining taxpayers of the district within such Town.
E.
If the implementation of the Community Preservation Project Plan
adopted by the Town Board as provided in Subdivision 6 of § 6-s
of the General Municipal Law has been completed, and funds are no
longer required for the purposes outlined in this article, any remaining
monies in the fund shall be applied to reduce any bonded indebtedness
or obligations incurred to effectuate the purposes of this article.
F.
Any monies expended from the fund shall be consistent with the purposes set forth in § 101-3, the definition of "community preservation" set forth in § 101-1, and the Community Preservation Project Plan adopted by the Town Board in accordance with Subdivision 6 of § 6-s of the General Municipal Law.
G.
The Town Board shall study and consider establishing a transfer of
development rights program to protect community character as provided
for by § 261-a of the Town Law. If at any time during the
life of the fund such a transfer of development rights program is
established, the Town may utilize monies from the fund in order to
create and fund a central bank of the transfer of development rights
program. If at any time during the life of the fund a transfer of
development rights program is repealed by the Town, all monies from
the central bank shall be returned to the fund.
A.
An Advisory Board is hereby established to review and make recommendations
on proposed acquisitions of interests in real property using monies
from the fund.
B.
Such Board shall consist of seven members who shall be legal residents
of the Town and who shall serve without compensation. No member of
the Town Board shall serve on the Advisory Board. Members initially
appointed to the Board shall serve staggered terms as follows: one
member shall be appointed for a term expiring at the end of the municipal
official year in which initially appointed, and the terms of the remaining
members shall expire at the end of each official year thereafter.
At the expiration of the term of each member first appointed, their
successor shall be appointed for a term of seven years.
C.
A majority of the members appointed shall have demonstrated experience
with conservation or land preservation activities. The Town Board
shall make a reasonable effort to appoint at least one active farmer
and at least one member of the County Agricultural and Farmland Protection
Board to the Board. The Town Board shall further make a reasonable
effort to appoint one or more members of the Historic Preservation
Commission and the Clean Water and Open Space Protection Commission
to the Board.
D.
The Board shall act in an advisory capacity to the Town Board.
A.
No interest or right in real property shall be acquired pursuant
to this article until a public hearing is held as required by § 247
of the General Municipal Law.
B.
Nothing herein shall prevent the Town Board from entering into a
conditional purchase agreement before a public hearing is held.
C.
Any resolution of the Town Board approving an acquisition of land
pursuant to this article shall find that acquisition was the best
alternative for the protection of community character of all the reasonable
alternatives available to the Town.
A.
Rights or interests in real property acquired under this article
shall be administered and managed in a manner which:
(1)
Allows public use and enjoyment in a manner compatible with the natural,
scenic, historic, and open space character of such lands;
(2)
Preserves the native biological diversity of such lands;
(3)
With regard to open spaces, limits improvements to enhancing access
for passive use of such lands, such as nature trails, boardwalks,
bicycle paths, hiking trails, snowshoe trails, cross country ski trails,
and peripheral parking areas, provided that such improvements do not
degrade the ecological value of the land or threaten essential wildlife
habitat; and
(4)
Preserves cultural property consistent with accepted standards for
historic preservation.
B.
Notwithstanding any other provision of this article there shall be
no right to public use and enjoyment of land used in conjunction with
a farm operation as defined by Subdivision 11 of § 301 of
the Agriculture and Markets Law.
C.
The Town may enter into agreements with corporations, organized under
the Not-For-Profit Corporations Law that engage in land trust activities
to manage lands, including less than fee interests acquired pursuant
to this article.
D.
Any such agreement shall contain a provision that such corporation
shall keep the lands accessible to the public unless such corporation
shall demonstrate to the satisfaction of the Town that public accessibility
would be detrimental to the lands or any natural features associated
therewith. Any such agreement shall contain a provision that such
corporation shall keep and manage the lands consistent with this article.
A.
Rights or interests in real property acquired with monies 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 shall
provide for the substitution of other lands of equal environmental
value and fair market value and reasonably equivalent usefulness and
location to those to be discontinued, sold or disposed of, and such
other requirements as shall be approved by the state legislature.
B.
Any conservation easements created under Title 3 of Article 49 of
the Environmental Conservation Law, which are acquired with monies
from such fund, may only be modified or extinguished as provided in
§ 49-0307 of such law.
C.
Nothing in this article shall preclude the Town, by local law, from establishing additional restrictions to the alienation of lands acquired pursuant to this article. This § 101-7 shall not apply to the sale of development rights by the Town acquired pursuant to this article, where said sale is made by a development rights bank created by the Town, 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 that:
