[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:
The Town of Chatham Community Preservation Fund Advisory
Board created under this article.
Preservation of community character shall involve one or
more of the following:
Preservation of open space.
Establishment of parks, nature preserves, or recreational areas
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.
Preservation of lands of exceptional scenic value.
Preservation of freshwater 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 and 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.
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.
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.
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:
[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.
