[Adopted 8-4-1998 by L.L. No. 26-1998]
This chapter of the East Hampton Town Code shall
be known and may be cited as the "Community Preservation Fund Law."
This chapter is adopted for the purpose of protecting
and preserving open and undeveloped lands in the Town of East Hampton,
including wetlands, woodlands, agricultural lands, 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 Town Law and as more fully set forth therein.
As used in this chapter, the following words
and terms shall have the meanings indicated:
The East Hampton Community Preservation Fund Advisory Board
established and created by this chapter.
Includes all of the following:
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 or shorelands.
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 and riverine
areas in natural, free-flowing condition.
Preservation of forested lands.
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 local historic preservation ordinance or local law.
Undertaking any of the aforementioned in furtherance
of the establishment of a greenbelt.
The East Hampton Community Preservation Project Plan adopted
by the East Hampton Town Board pursuant to Town Law § 64-e,
Subdivision 6.
The East Hampton Community Preservation Fund established
and created by this chapter.
A.
The East Hampton 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 the 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 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 chapter 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 chapter. 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 chapter.
A.
The purposes of the fund shall be exclusively:
(1)
To implement a plan for the preservation of
community character 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 chapter and in accordance with said 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 Subsection A(4) of this section.
D.
Upon the full implementation of the Community Preservation Project Plan, and funds being no longer required for the purposes set forth in Subsection A above, any remaining moneys in the fund shall be applied to reduce any bonded indebtedness or obligations incurred to effectuate the purposes of Subsection A.
A.
The East Hampton Community Preservation Fund Advisory
Board is hereby established to review and make recommendations on
proposed acquisitions of interests in real property using moneys from
the fund and to act in an advisory capacity to the Town Board with
respect to the administration of the fund.
B.
Such board shall consist of seven members who shall
be residents of the Town and who shall serve without compensation.
No member of the Town Board shall serve on the Advisory Board.
C.
A majority of the members appointed shall have demonstrated
experience with conservation or land preservation activities. In addition,
at least one member of the Advisory Board shall be an active farmer.
A.
No interest or right in real property shall be acquired
by the fund 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 chapter 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.
Lands acquired pursuant to this chapter shall be administered
and managed in accordance with the following requirements:
(1)
Public use and enjoyment of the lands shall
be allowed in a manner which is compatible with the natural, scenic,
historic and open space character of such lands.
(2)
The native biological diversity of such lands
shall be preserved.
(3)
With regard to lands acquired 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)
With regard to historic properties, historic
and cultural resources shall be managed and maintained 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
and supervision of lands acquired by the fund, 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 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 chapter without the express authority of an act of the State
Legislature, which 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 which may impose other requirements as well.
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 chapter, except after compliance with the disposal and divestiture procedures which are set forth in Chapter 182 ("Nature Preserve") of this Code, specifically § 182-14B thereof.
C.
This section shall not apply to the sale of development
rights by the Town acquired pursuant to this chapter, 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. However, said development rights
program shall provide:
(1)
That the lands from which development rights
are acquired shall remain preserved in perpetuity via a permanent
conservation easement or other instrument that similarly preserves
community character as defined in this article.
(2)
That the proceeds from any such sale shall be
deposited in the fund.
