As used in this chapter, the following terms shall have the meanings
indicated:
AGRICULTURAL LANDS
Lands used in bona fide agricultural production located in an agricultural
district and receiving agricultural assessment.
AGRICULTURAL USE AND PRODUCTION
The use and production for commercial purposes of all those items
and products as defined in NYS Agriculture and Markets Law § 301,
including, but not limited to, plants and animals useful to man, including
fruits, viniculture, nuts, vegetables, greenhouse plants, tree nurseries,
Christmas trees, forages, sod crops, grains, feed crops, dairy, processing
of farm-produced dairy products, all domestic livestock for breeding and grazing
and the equine industry, aquaculture, hydroponics, and other similar uses
and activities.
ALIENATION
The sale or transfer of any development right in real property acquired
under this chapter by or from the Town of Wallkill to another person or entity
and shall include, without limitation, changes or amendments in the terms
or provisions of conservation easements held by the Town.
CONSERVATION EASEMENT
A negative easement in gross that restricts the use of real property
to conservation purposes described in a deed of easement or other legal document.
DEVELOPMENT RIGHT
Those rights permitted to real property or land with respect to residential
or commercial uses or density of use in accordance with law.
INTEREST OR RIGHT
In real property, shall include any legally recognized interest and
right in real property less than fee simple.
NONFARM OPEN SPACE
Parcels of land that are not receiving agricultural assessment. Such
open space may be part of a significant viewshed, harbor endangered species
or abundant animal habitats, protect a vital aquifer, be adjacent to an already
existing conservation easement parcel, proximate to a public facility, contain
a year-round stream or body of water, have an historic structure (or structures)
or proven native American landmarks and artifacts, or border a scenic road.
OPEN SPACE ACQUISITION BOND FUNDS
Any present or future bonded funds approved by the electorate of
the Town of Wallkill for the circumstances described in this chapter.
OSP BOARD
The Wallkill Open Space Preservation Board.
PERMEABILITY
The ability of soils to absorb and transmit water from the surface
toward the subsoil without an artificial or natural barrier. This term relates
to the qualitative evaluation of soils for agricultural purposes.
STRUCTURE
Anything constructed, erected or moved from other premises, and located
in, on or under the ground, or attached to anything in, on or under the ground,
including fences.
The OSP Board shall have the authority to:
A. Solicit applications from eligible landowners for PDR
of both agricultural and nonfarm properties.
B. Encourage owners of lands contiguous with already preserved
lands and/or presently agriculturally assessed lands, to submit application
for PDR in order to establish/maintain a critical agricultural or open space
mass.
C. Hold yearly informational meetings.
D. Offer help with the PDR application process.
E. Visit landowners who are potential applicants for PDR.
F. Monitor, or make provision therefor, each deed-restricted
parcel yearly to insure that regulations of PDR are properly observed; file
a written report on each parcel and notify owner, in writing, of any noted
infraction.
G. Review any matters relating to development rights in
particular and to agricultural matters in general as they relate to the Town.
H. Serve as a review board, in the case of agricultural
PDR, for the granting of preliminary approval for the location, construction,
or moving of agricultural structures on, to or within all lands on which development
rights have been sold in conformance with the easement contract and prior
to ordinary agency (whether Town or other) review and approval or permitting.
I. Promulgate, subject to Town Board approval, such procedural
rules and regulations as may be necessary to carry out the intent of this
chapter, and to administer its provisions, including evaluation and ranking
of applicants for purchase of development rights.
A. No lands acquired pursuant to this chapter shall be alienated, except
by vote of a super-majority (a majority plus one) of the Town Board, subject
to permissive referendum, pursuant to the procedures found in Article 7 of
the Town Law. In the event that the affirmative vote of the Town Board to
alienate such lands is less than unanimous, it shall be deemed that the Town
Board has referred such alienation to referendum by its own motion, and a
referendum shall be held pursuant to the procedures set forth in the Town
Law.
A. The Town Board may purchase real estate that is deemed to be threatened by development, in order to protect a critical mass of farmland and/or open space. No open space acquisition bond funds may be used for such purposes. Such land shall then be sold (alienated) within one year of acquisition and shall bear the conservation easement which all other lands carry that have been stripped of their development rights. To the extent that the funds used to purchase such land come from the fund, the net sales price of such land will be returned to the fund. This sale shall not be subject to the requirement of Subsection
A above.
The Town Board may accept the gift of open spaces, or rights thereto,
on terms and conditions acceptable to the Town Board. If so designated, such
lands and or rights, including, among other things, development rights, shall
be deemed to have been acquired under the agricultural and open space preservation
program.
The OSP Board shall have access to the Town Attorney in matters requiring
legal opinion.
Notwithstanding the provisions of any special law, charter law, local
law or resolution which may be inconsistent herewith, in whole or in part,
this chapter shall in all respects control in the matter of acquisition of
development rights in agricultural as well as nonagricultural lands.