[HISTORY: Adopted by the Town Board of the Town of Southold 3-22-1988 by L.L. No. 2-1988. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Open Space or Open Area Preservation Law of the Town of Southold."
The Town Board of the Town of Southold finds that the acquisition of open space or open area in lands located in the Town of Southold, if preserved and maintained in their present open state, is in the public interest and a proper purpose of the Town in accordance with the findings and determination of the New York State Legislature, as set forth in § 247 of the General Municipal Law.
As used in this chapter, the terms used herein are defined as follows:
- To accept, by purchase, gift, grant, bequest, devise, lease or otherwise, the fee or any lesser interest or right in real property, including but not limited to development rights.
- The transfer of the fee or any lesser interest in real property from the Town of Southold to another.
- The Southold Town Land Preservation Committee.[Amended 6-18-1991 by L.L. No. 14-1991]
- DEVELOPMENT RIGHT
- The permanent legal interest or right to prohibit or restrict the use of land for any purpose other than open space or open area.
- OPEN SPACE or OPEN AREA
- Any space or area characterized by natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would maintain or enhance the conservation of natural or scenic resources.
- Anything constructed or erected in, on or under the ground or attached to anything having a location on or under the ground, including fences.
Upon authorization by the Town Board, the Supervisor shall solicit offers for the sale to the Town of the fee or any lesser interest or right in real property as may be recommended by the Committee.
Upon the receipt of such offer or offers, the Town Board shall cause an appraisal or appraisals to be made of the market value of the fee or any lesser interest or right in such real property being offered.
After receipt of such appraisal or appraisals, the Town Board shall hold a public hearing on the question of the acceptance of such offer or offers.
Within 60 days after such hearing, the Town Board shall adopt a resolution either accepting or rejecting such offer or offers.
The fee or any lesser interest or right acquired by the Town pursuant to the provisions of this chapter shall not thereafter be alienated except upon the affirmative vote of a majority of the Town Board after a public hearing thereon and upon the approval by the electors of the Town voting on a proposition submitted at a special or biennial Town election. No subsequent amendment of the provisions of the subsection shall alter the limitation imposed upon the alienation of the fee or any lesser interest or right acquired by the Town prior to any such amendment.
The instrument of conveyance transferring the fee or any lesser interest or right in real property to the Town of Southold shall be executed by the Supervisor on behalf of the Town of Southold and the grantors and shall contain a covenant specifically setting forth the limitations on the alienation of the fee or any lesser interest or right and the limitations on the use and enjoyment of the estate or interest reserved by the use and enjoyment of the estate or interest reserved by the grantor as the same are set forth as of the date of the contract for sale of said fee or any lesser interest or right.
Land Preservation Committee.
[Amended 6-18-1991 by L.L. No. 14-1991]
The Committee shall consist of seven members to be appointed by and serve at the pleasure of the Town Board. The Chairman of the Committee shall be designated by the Town Board.
Duties of the Committee.
The Committee shall perform the following duties:
To recommend to the Town Board lands in which the fee or any lesser interest or rights should be acquired by the Town.
To review all matters relevant to open space or open areas.
To serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on the lands in which the fee or any lesser interest or rights have been acquired by the Town.
To promulgate such rules and regulations as may be deemed necessary to govern the administration, procedures and duties of the Committee, which rules and regulations shall not become effective until approved by the Town Board.
To prepare, amend and maintain appropriate maps delineating open space or open area lands, lands in which the fee or any lesser interests or rights have been acquired, lands in which the fee or any lesser interest or rights are proposed to be acquired and such other information as may be deemed appropriate.
To perform such other duties and functions as may, from time to time, be directed by the Town Board.
The Committee shall be authorized to incur such expenses in the performance of its duties shall be appropriated therefor by the Town Board.
Should any provisions of this chapter be adjudged invalid by a court of competent jurisdiction, such adjudication shall not affect the validity of any other provisions of this chapter.