[HISTORY: Adopted by the Town Board of the Town of Chatham as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-18-2023 by L.L. No. 1-2023]
As used in this article, the following words and terms shall have the meanings indicated:
ADVISORY BOARD
The Town of Chatham Community Preservation Fund Advisory Board created under this article.
COMMUNITY PRESERVATION
Preservation of community character shall involve one or more of the following:
A. 
Preservation of open space.
B. 
Establishment of parks, nature preserves, or recreational areas
C. 
Preservation of land, which is predominantly viable agricultural land, as defined in subdivision 7 of Section 301 of the Agriculture and Markets Law, or unique and irreplaceable agricultural land, as defined in subdivision 6 of Section 301 of the Agriculture and Markets Law.
D. 
Preservation of lands of exceptional scenic value.
E. 
Preservation of freshwater marshes or other wetlands.
F. 
Preservation of aquifer recharge areas.
G. 
Preservation of undeveloped beach-lands or shoreline.
H. 
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.
I. 
Preservation of unique or threatened ecological areas.
J. 
Preservation of rivers and river areas in natural, free-flowing condition.
K. 
Preservation of forested land.
L. 
Preservation of public access to lands for public use, including stream rights and waterways.
M. 
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.
N. 
Undertaking any of the purposes of this article in furtherance of the establishment of a greenbelt.
FUND
The Town of Chatham Community Preservation Fund established by this article.
A. 
The Town of Chatham Community Preservation Fund is hereby established pursuant to § 64-i of the Town 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 pursuant to Chapter 62 of Part II of the Town Code as authorized by § 64-i of the Town Law and Article 31-A-2 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.
D. 
Interest accrued by monies deposited in the fund shall be credited to the fund. 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 § 64-i of the Town 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 and in cooperation with willing sellers;
(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 10 of § 64-i of the Town Law and this article and in accordance with such plan designed to preserve community character.
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 § 82-3.
D. 
The preservation of agriculture and in particular working farms is a primary priority for the fund.
E. 
If the implementation of the Community Preservation Project Plan adopted by the Town Board as provided in subdivision 7 of § 64-i of the Town 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 § 82-3, the definition of "community preservation" set forth in § 82-1, and the Community Preservation Project Plan adopted by the Town Board in accordance with subdivision 7 of § 64-i of the Town Law.
G. 
The Board may 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. 
A 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.
B. 
Such Board shall consist of five 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 five years. No member shall serve longer than three full terms.
C. 
A majority of the members appointed shall have demonstrated experience with conservation or land-preservation activities. At least one member of the Board shall be an active farmer.
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 rights or interest in real property 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,, 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 subdivision 10 of § 64-i of the Town Law and 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 § 82-7 shall not apply to the sale of development rights by the Town acquired pursuant to this article, where said sale is made by a central 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:
(1) 
The lands from which said development rights were acquired shall remain preserved in perpetuity via a permanent conservation easement or other instrument that similarly preserves community character as defined in this article; and
(2) 
The proceeds from such sale shall be deposited in the fund.
[Adopted 5-18-2023 by L.L. No. 2-2023]
A copy of the Community Preservation Plan on file with the Town Clerk is attached hereto and incorporated as if fully set forth in this place. Said plan is intended to be the community preservation project plan required by subdivision 7 of § 64-i of the Town Law.