[Adopted 8-25-1998 by L.L. No. 12-1998]
This article of the Southold Town Code shall
be known and may be cited as the "Community Preservation Fund."
The Town of Southold possesses a rich heritage
of scenic, historic and natural resources which are vital to the Town's
sense of place and to its economic success as a community. The lands
which comprise these resources are rapidly being lost to development,
however, and the Town's special identity is in danger of being damaged
forever. In furtherance of its objective of preserving the Town's
remaining natural, scenic and historic treasures, the Southold Town
Board finds it necessary to establish a dedicated fund for their conservation.
Such fund is specifically authorized under § 64-e of the
New York Town Law and is necessary to the enactment of a two-percent
real estate transfer tax, which is also authorized by Town Law § 64-e
and Tax Law Article 31D, and which the Town Board finds to be necessary
to effectuate the Town's community preservation goals.
It is the purpose of this article to establish and create the Southold Community Preservation Fund for the purpose of community preservation as that term is defined in Town Law § 64-e, Subdivision (1)(b), and § 17-4 of this article. Community preservation includes protecting and preserving open and undeveloped lands in the Town of Southold, including wetlands, woodlands, agricultural lands and 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 State Town Law and as more fully set forth therein.
[Amended 10-21-2014 by L.L. No. 11-2014]
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings as
herein defined. Any word or term not noted below shall be used with
a meaning as defined in Webster’s Third New International Dictionary
of the English Language, unabridged (or latest edition).
The Southold Community Preservation Fund Advisory Board to
be established and created by the Town Board pursuant to Town Law
§ 64-e, Subdivision (5).
The advisory board created pursuant to § 17-45 of this chapter.
[Added 8-2-2022 by L.L. No. 8-2022]
A primary residential property for an eligible individual
that does not exceed 150% of the purchase price limits established
by the State of New York Mortgage Agency low-interest rate loan program
in nontarget categories for Suffolk County in effect on the contract
date for the sale of such property.
[Added 8-2-2022 by L.L. No. 8-2022]
Preservation of community character, which shall involve
one or more of the following purposes:
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, shorelands
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 pine barrens consisting of such
biota as pitch pine and scrub oak.
Preservation of unique or threatened ecological
areas.
Preservation of brooks or streams, 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 or local historic preservation ordinance or local
law.
Undertaking any of the aforementioned in furtherance
of the establishment of a greenbelt.
The Southold Community Preservation Project Plan to be adopted
by the Southold Town Board pursuant to Town Law § 64-e,
Subdivision (6), which shall be known as the "Southold Community Preservation
Project Plan."
A household with an income that does not exceed 100% of the
income limits as established by the State of New York Mortgage Agency
low-interest rate loan program in nontarget categories for Suffolk
County in effect on the contract date for the sale of such property.
[Added 8-2-2022 by L.L. No. 8-2022]
An eligible individual who has not owned a primary residential
property and is not married to a person who has owned a residential
property during the three-year period prior to his or her purchase
of the primary residential property, and who does not own a vacation
or investment home.
[Amended 8-2-2022 by L.L. No. 8-2022]
Any one- or two-family house, townhouse or condominium.
[Amended 8-2-2022 by L.L. No. 8-2022]
A.
The Southold Community Preservation Fund is hereby
established as authorized by § 64-e of the New York Town
Law.
B.
Deposits into the fund may include revenues of the
Town from whatever source and shall include, at a minimum, all revenues
from a real estate transfer tax imposed by the Town pursuant to Article
31-D of the New York Tax Law.
C.
The fund shall also be authorized to accept gifts
of any such interests in land or of funds. Interest accrued by moneys
deposited in the fund shall be credited to the fund.
D.
In no event shall moneys 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 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.
F.
Since 1980 the Town of Southold has incurred or authorized
bonded indebtedness in the amount of approximately $11,000,000 for
open-space purposes. The number of residents of the Town of Southold,
per the 1990 U.S. Census, was approximately 20,000. The Town Board
hereby determines and finds that the Town has incurred or authorized
bonded indebtedness since 1980 for open-space purposes equal to or
greater than two hundred dollars per Town resident, and thus the Town
has complied with the per-resident financial commitment requirement
set forth in Town Law § 64-e, Subdivision (2).
A.
The purposes of the fund shall be exclusively:
(1)
To implement the Southold Community Preservation Project
Plan for Community Preservation as required by § 64-e, Subdivision
(6), of the Town Law.
(2)
To acquire interests or rights in real property for
the preservation of community character within the Town, including
the portion of any Village 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,
at the sole discretion of the Town Board.
(4)
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 the Southold Community
Preservation Plan.
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 § 17-6A(4).
D.
If the implementation of the Southold Community Preservation Project Plan has been completed, and funds are no longer required for the purposes set forth in § 17-6A, any remaining moneys in the fund shall be applied to reduce any bonded indebtedness or obligations incurred to effectuate the purposes set forth in § 17-6A.
A.
No interests or right(s) in real property shall be
acquired pursuant to this article 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.
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.
Land(s) or interest(s) in real property acquired pursuant
to 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 or interests in real property.
(2)
Preserves the native biological diversity of such
lands or interests in real property.
(3)
With regard to lands as open space (as opposed to
lands acquired for active recreation use or public water access, or
improved lands acquired for historic preservation reasons), improvements
shall be limited to those designed to enhance access for passive use
of such open-space 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.
(4)
Preserves cultural property, historic properties and
historic and cultural resources in a manner which is consistent with
accepted standards for historic preservation.
B.
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
of lands acquired pursuant to this article, 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 resources or features associated therewith.
A.
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 Legislature 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 such other requirements as shall be approved
by the Legislature.
B.
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, except after compliance with the alienation procedures set forth in the Open Space Preservation Chapter of this Code, specifically Chapter 185.
C.
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; provided, however, that:
(1)
The lands from which said development rights were
acquired shall remain preserved in perpetuity by a permanent conservation
easement or other instrument that similarly preserves community character
as defined and set forth in the definition of "community preservation"
in this article; and
(2)
The proceeds from any such sale shall be deposited
in the Southold Community Preservation Fund.
If any clause, sentence, paragraph, section
or part of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
This article shall take effect immediately upon
filing with the Secretary of State as provided by law.
