To be considered for inclusion in the Nature Preserve System, a tract of land must include an appropriate management plan and also meet at least one of the following criteria:
A. 
It serves as habitat for endangered, threatened, special concern or rare species as listed in New York State Environmental Conservation Law § 11-0535 or the New York State Natural Heritage Program.
B. 
It contains a habitat or significant concentrations or populations of breeding, feeding or nesting wildlife.
C. 
It contains freshwater or saltwater wetlands or ponds.
D. 
It contains outstanding examples of natural communities as identified by the New York State Natural Heritage Program.
E. 
It contains geological features which are vulnerable to human disturbance, such as cliffs, bluffs, steep slopes, beaches or dunes, or which are prime examples of interesting geological processes, events or periods such as kettleholes, kames, eskers or outwash stream channels.
F. 
It is particularly suited to and appropriate for environmental education programs or academic research programs.
G. 
It provides an essential buffer to lands in the Nature Preserve System or to other private, Town, county, state or federal park land or open space.
H. 
It protects watershed areas critical to recharging precipitation into the Town's sole-source aquifer or maintaining surface water quality.
I. 
It preserves viewsheds of outstanding character, woodlands along public roadways, or of significant acreage or containing trees of particular species, age, size or character or that are regarded as special places.
A. 
Nomination. A nomination regarding property for inclusion in the Nature Preserve System must be submitted to the Town Board on such forms as may be prescribed by the Town Board. A nomination may be made by Town agencies, community organizations, interested individuals or the Council. Any nomination of privately owned property for inclusion in the Nature Preserve System must be accompanied by evidence of the voluntary agreement by such landowner as to its approval for such nomination and inclusion of property in the Nature Preserve System.
B. 
Evaluation.
(1) 
Every written nomination submitted to the Town Board shall be referred to the Council for an evaluation.
(2) 
The Council shall utilize the criteria contained in § 91-4 in making a written evaluation on whether the nominated property should be considered for inclusion in the Nature Preserve System. Said written evaluation shall be forwarded to the Town Board within 45 days of receipt of the nomination from the Town Board.
C. 
Referral to Town Board. The Town Board shall review the written evaluation it receives from the Council pursuant to Subsection B above. If the Council's evaluation recommends against inclusion in the Nature Preserve System, no public hearing need be held. If the evaluation recommends inclusion in the Nature Preserve System, said nomination shall be subject to public hearing.
D. 
Hearing. The Town Board shall schedule a public hearing within 45 days of receipt of a positive evaluation from the Council. Said hearing shall be held not less than seven and not more than 30 days after public notice has been given of the time and place for holding such public hearing. Such notice shall be given by the Town Clerk, causing the same to be published once in the official newspaper of the Town.
E. 
Designation. Following the public hearing, the Town Board, by resolution, may designate all, part or none of the property discussed at the public hearing to be included in the Nature Preserve System.
A. 
The Town Board shall empower the Council, comprised of at least five interested and qualified residents of the Town, to perform the following tasks for recommendation to the Town Board:
(1) 
Inventorying existing property located in the Town for possible inclusion into the Nature Preserve System.
(2) 
Maintaining a register listing the property that has been nominated and designated for inclusion into the Nature Preserve System.
(3) 
Preparing, causing to be prepared or ratifying previously prepared management plans for properties included in the Nature Preserve System to ensure that said properties' unique features are preserved and protected. Management plans existing at the time of adoption of this chapter are hereby automatically approved, subject to the provisions of § 91-7. All management plans and any amendments thereto must be filed with the office of the Town Clerk after approval by the Town Board. Provision shall be made for the confidentiality of portions of such plans or amendments, as appropriate.
B. 
The Council may request assistance and expertise from other agencies and organizations in performing its duties.
A. 
The properties designated for inclusion in the Town Nature Preserve System are hereby declared to be used solely as a nature preserve, that is, among other things, for the protection of the natural features, biological resources and environmental quality in the Town, and these purposes shall be declared to be their most important use. It is understood that the structures and dwellings which currently exist on these properties, or which may be necessary to be constructed in the future as directly related to the primary use, maintenance and management of these properties to fulfill these aforesaid purposes, are deemed consistent with these purposes. It is further understood that additional structures and dwellings on these properties for uses unrelated to the fulfillment of these purposes are deemed inconsistent with use as a nature preserve. Therefore, the entirety of each property shall be devoted to the aforementioned purposes.
B. 
Property designated under this chapter to the Nature Preserve System shall be used solely to ensure fulfillment of the purposes set forth in a management plan and/or to enhance the educational experiences of such property for nature preserve purposes. Nothing herein shall preclude the landowner of such property from managing such lands for conservation or nature preserve purposes or from operating such property or using facilities which may exist thereon, now or in the future, for any use which is in furtherance of or incidental to the conservation and nature preserve purposes specified herein.
C. 
In the event that an amendment to the management plan is promulgated by the landowners which involves any activity which could be construed as a new or additional use of the property or any portion of the property which may not be in furtherance of its use as a nature preserve, such amendment shall be considered as a use change of the property and shall be subject to the provisions of § 91-8 of this chapter.
D. 
Should conditions exist on any property designated to be included in the Nature Preserve System which are more restrictive than what may be imposed under this chapter, the more restrictive provisions shall prevail.
A. 
Notwithstanding any foregoing provisions, property designated under this chapter as a part of the Nature Preserve System shall be used solely as a nature preserve. Any action or activity contemplated by the landowner which could be interpreted as inconsistent with the purposes contemplated in the property's management plan, i.e., a nature preserve, shall be considered as a change of use and may not be undertaken without the following procedures having first taken place:
(1) 
All relevant information concerning any change in use of such property shall be submitted to the Town Board in writing.
(2) 
All local, county, state and federal laws, policies and administrative procedures regarding the change of use of the property shall be complied with.
(3) 
In the event that the Town Board finds that such use is for a purpose other than as specified in the management plan or an amendment, the Town Board shall hold a public hearing to allow public comment on such proposed change in use. Said hearing shall be held not less than seven nor more than 30 days after public notice has been given of the time and place of holding such public hearing. Such notice shall be given by the Town Clerk, causing the same to be published once in the official newspaper of the Town.
(4) 
Subsequent to such hearing, the Town Board shall consider appropriate action to be taken to ensure that the purposes of the management plan as well as any amendments and this chapter are carried out.