[Adopted 9-19-2006 by L.L. No. 6-2006]
As used in this article, the following words and terms shall have the meanings indicated:
ADVISORY BOARD
The Town of Red Hook Community Preservation Fund Advisory Board created under this article.
COMMUNITY PRESERVATION
Includes 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 § 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;
D. 
Preservation lands of exceptional scenic value;
E. 
Preservation of freshwater and saltwater 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 or 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; and
N. 
Undertaking any of the purposes of this subdivision in furtherance of the establishment of a greenbelt.
FUND
The Town of Red Hook Community Preservation Fund established by this article.
A. 
The Town of Red Hook Community Preservation Fund is hereby established pursuant to § 64-h 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 by the Town pursuant to Article II of this chapter as authorized by Chapter 443 of the Laws of 2006, and pursuant to Article 31-A-1 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 section 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 chapter. 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-h of the Town Law;
(2) 
To acquire interests or rights in real property for the preservation of community character within the Town, including villages therein, in accordance with said plan;
(3) 
To establish a bank pursuant to a transfer of development rights program consistent with § 261-a of the Town Law; and
(4) 
To provide a management and stewardship program for such rights and interests, consistent with this article and in accordance with said 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 section.
D. 
If the implementation of the Community Preservation Project Plan adopted by the Town Board as provided in Subdivision 7 of § 64-h of the Town Law has been completed, and funds are no longer required for the purposes outlined in this section, any remaining monies in the fund shall be applied to reduce any bonded indebtedness or obligations incurred to effectuate the purposes of this section.
E. 
Any monies expended from the fund shall be consistent with the purposes set forth in § 57-3, the definition of "community preservation" set forth in § 57-1 and, for a period not exceeding 12 months following the effective date of Article II of this chapter, the Town's Open Space Plan adopted September 5, 2006. Thereafter such monies shall only be expended in accordance with the Community Preservation Project Plan adopted by the Town Board in accordance with Subdivision 7 of § 64-h of the Town Law.
F. 
If at any time during the life of the fund a transfer of development rights program is established to protect community character as provided for and in compliance with § 261-a of the Town Law, 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 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 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: three members shall be appointed for three-year terms, two members shall be appointed for a two-year terms, and two members shall be appointed to one-year terms. Thereafter, members shall serve three-year terms.
C. 
A majority of the members appointed shall have demonstrated experience with conservation or land preservation activities. At least one member of the Advisory Board shall be an active farmer. Board members' terms shall be staggered.
D. 
The Board shall act in an advisory capacity to the Town Board.
A. 
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 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 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 § 57-6 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 and engage in land trust activities to manage lands, including less than fee interests acquired pursuant to this chapter.
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.
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 chapter 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 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. In addition to an act of the State Legislature, 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 a local law adopted by the Town Board. Said local law shall be adopted by a 4/5 majority and shall be subject to a mandatory referendum.
C. 
Nothing in this Article I shall preclude the Town, by local law, from establishing additional restrictions to the alienation of lands acquired pursuant to this Article I. This § 57-7 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.