[HISTORY: Adopted by the Town Board of the Town of Huntington 9-15-1998 by L.L. No. 39-1998.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law passed at mandatory referendum 11-3-1998.
[Amended 5-17-2010 by L.L. No. 7-2010]
The Town Board of the Town of Huntington, pursuant to New York State General Municipal Law, Article 2  — General Municipal Finance, hereby establishes funds for the purpose of acquisition and improvement of land for active and passive park and recreational facilities and preservation of open space, and for the purpose of supporting neighborhood enhancements and green energy efficiency projects, as such are defined and regulated by various sections of New York State law, pursuant to the approval of the electors of the Town in a public referendum, held pursuant to Town Law §§ 64(2), 91, 94 and 220, and all other applicable statutes of the laws of the State of New York.
[Amended 5-17-2010 by L.L. No. 7-2010]
Continuing development within the Town has demonstrated a compelling need to acquire, improve, preserve, protect and maintain land for active and passive park and recreational facilities, preservation of open space, neighborhood enhancement and energy efficiency to enhance the general quality of life and the environment of the town, and thereby benefit the residents and taxpayers of the town. In order to achieve these goals, the Town requires a cogent mechanism creating the capacity to purchase land, easements or other real property rights and interests quickly and efficiently and make original improvements and embellishments to Town lands, as well as to sites that require neighborhood enhancement, as the need arises and opportunities are identified, and appropriate fiscal planning is an essential component of fulfilling this goal.
[Amended 5-17-2010 by L.L. No. 7-2010]
The Town Board hereby finds that, in order to more effectively implement the powers and authorities granted to towns by New York State General Municipal Law § 247, which recognizes the value of open space areas and the need to preserve such land and empowers municipalities with authority to acquire real property to preserve as open space, and to more effectively implement the powers and authorities granted to towns by various sections of New York State Town Law, which recognize the value of active and passive park and recreational facilities, neighborhood enhancements and green energy efficiency projects and empower municipalities with authority to provide for original improvement and embellishment of such facilities, including acquisition of real property and/or rights and interests in real property for such purposes, the establishment and management of opens space park funds pursuant to the laws of the State of New York is necessary.
(A) 
Fund accounts. The Town Comptroller shall establish and maintain separately designated accounts to be known as the "Environmental Open Space and Park Capital Fund Account" and may establish one or several such accounts for the purposes set forth herein, as may be required by proper accounting procedures.
[Amended 1-29-2019 by L.L. No. 3-2019]
(B) 
Scope of fund. These accounts shall be used to fund the acquisition, protection and maintenance of ownership, rights and interests in real property in the town's remaining natural areas, wetlands, trails, waterfronts and greenway corridors and to fund the acquisition, protection and maintenance of ownership, rights and interests in real property, and improvements and embellishments thereof, in the Town for active and passive park and recreational facilities. Accounts shall also be established to fund neighborhood enhancements and green energy efficiency projects. Said expenditures may be made directly from dedicated, general and special revenues, and need not be bonded, in the sole discretion of the Town Board.
[Amended 5-17-2010 by L.L. No. 7-2010]
(C) 
Deposits. These accounts shall be the repository for all revenues specifically designated for expenditure by the Town for the purposes set forth herein as the Town Board may determine, in its sole discretion, where permitted by the laws of the State of New York, including, but not limited to those set forth hereinbelow.
[Amended 1-29-2019 by L.L. No. 3-2019]
(D) 
Additional deposits. The Town shall also pursue and attract, for deposit in and use in accordance with this fund, where permitted by the laws of the State of New York, additional funds, gifts and grants from foundations, private donations, any additional private or public sources and federal, state and county matching funds.
(E) 
Prohibitions. Monies from this fund shall not be used for any purposes which are not specifically set forth in this chapter.
[Amended 1-29-2019 by L.L. No. 3-2019]
A. 
Fund accounts. The Town Comptroller shall establish and maintain separately designated accounts, pursuant to New York State General Municipal Law § 6-c, to be known as the "Environmental Open Space and Park Reserve Fund Accounts" and may establish one or several such accounts for the purposes set forth herein, as may be required by proper accounting procedures.
B. 
Scope of fund. These accounts shall be used, pursuant to New York State General Municipal Law § 6-c, to accumulate all revenues designated by the Town Board for payment of any costs incurred by the Town in pursuing the purposes set forth herein.
C. 
Deposits. These accounts shall be the repository for revenues collected by the Town through real property taxes assessed against the whole Town, commencing January 1st annually, and from such sources as the Town Board may determine, in its sole discretion, where permitted by the laws of the State of New York. Revenues shall be transferred from the above­referenced capital fund accounts, as the Town Board may determine to be necessary, in their sole discretion.
D. 
Prohibition. Monies from this fund shall not be used for any purposes other than payment of any expenses incurred in pursuit of the purposes of this chapter.
(A) 
Town Board.
(1) 
No expenditures shall be made from these funds except upon the specific authorization of the Town Board, pursuant to and for the purposes described in this chapter, and based on the recommendations of the Advisory Committee established hereunder. In authorizing such expenditures, the Town Board must make findings pursuant to the criteria developed by the Advisory Committee.
(2) 
An Advisory Committee shall be comprised of: five (5) members, one (1) appointed by each member of the Town Board; one (1) member from six (6) organizations, such as the Huntington Conservation Board, Huntington Audubon Society, Huntington Chamber of Commerce, Huntington Greenway Trails Committee, Scouting (Boy Scouts of America or Girl Scouts of the USA), and Town of Huntington representative to County Board of Parks Trustees or similar boards, committees, and non-profit groups; and such other members as the Town Board deems appropriate. The term of office of any member appointed by the Town Board shall be coterminous with the term of office of the Town Board member by whom they were appointed. The other members shall serve a term of five (5) years from the date of appointment, which term shall expire on December 31st of their fifth year. Members whose terms have expired shall be held over until replaced by the Town Board. The Town Board shall designate the Chairperson and Vice-Chairperson thereof for an annual term. All voting members shall take an oath of office. Staff representatives of the Town Attorney's office and Town Planning and Environment Department shall also serve as members of the Committee, but shall not be voting members.
[Amended 9-24-2002 by L.L. No. 44-2002; 5-17-2010 by L.L. No. 7-2010; 1-29-2019 by L.L. No. 3-2019; 8-6-2024 by L.L. No. 32-2024]
(3) 
The Advisory Committee established hereunder shall develop criteria for the expenditure of funds for the acquisition of ownership, rights or interests in land and improvements thereto, for active and passive park and recreational purposes and preservation of open space, for neighborhood enhancements and green energy efficient projects and shall submit same to the Town Board for approval. The Advisory Committee shall make project specific recommendations to the Town Board based on said criteria. By December 31st of each year, the Advisory Committee shall make recommendations to the Town Board for allocations for the following fiscal year based upon percentage of anticipated funds, for open space acquisition, neighborhood enhancements, park improvements and green/energy efficient projects.
(B) 
Town Comptroller. The Town Comptroller shall have the power to invest, from time to time, the monies of these funds, in accordance with General Municipal Law, Article 2 -- General Municipal Finances, and my other appropriate statutes of the laws of the State of New York.
(C) 
Town parks. All real properties purchased in title with monies from these funds shall be dedicated as parklands, which may then only be alienated with the approval of New York State legislation, and shall be maintained by the appropriate Town department with the assistance of outside agencies as necessary.[1]
[Amended 9-24-2002 by L.L. No. 44-2002]
[1]
Editor’s Note: Former § 21-7, Sunset provision, which immediately followed, was repealed 1-29-2019 by L.L. No. 3-2019.