[Adopted 8-25-1998 by L.L. No. 22-1998]
As used in this article, the following words
and terms shall have the following meanings:
The preliminary and incidental expenses associated with acquiring
interests or rights in real property, which shall include the reasonable
costs incurred by the Town to evaluate, negotiate and/or consummate
a transaction authorized hereunder consistent with the legal requirements
and responsible fiscal and planning principles, including the following:
appraisal reports, due-diligence work such as title reports, property
surveys, including documentation of boundaries of easements, preacquisition
environmental audits/assessments/soil samples; wetland flagging and/or
baseline documentation of the natural, agricultural and/or historic
resources as necessary due to the nature of the particular parcel
(and if not undertaken by or properly chargeable to the owner(s) or
a third party); legally required property tax reimbursement and payment;
legal fees and fiscal agent fees actually incurred by the town in
connection with a transaction; salaries and related office expenses
of the Town’s CPF program manager and/or land acquisition employees,
subject to the requirements of Subdivision 9(c);[1] fees to independent contractors, including nonprofit entities
engaged by the Town to provide facilitation services for acquisitions.
[Added 7-8-2008 by L.L. No. 40-2008]
The Town of Southampton Community Preservation Fund Advisory
Board created under this article.
Includes 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 beachlands or shorelines.
Establishment of wildlife refuges for the purpose
of maintaining native animal species diversity, including the protection
of essential habitat 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 rivers or river 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 Town historic preservation local law.
Undertaking any of the aforementioned in furtherance
of the establishment of a greenbelt.
Abbreviation for "Community Preservation Fund."
[Added 7-8-2008 by L.L. No. 40-2008]
The administrator of the Town of Southampton Department of
Community Preservation, who shall also assist the Town Board with
oversight and compliance with state and local requirements governing
the CPF program and stewardship and management activities.
[Added 7-8-2008 by L.L. No. 40-2008]
The Town of Southampton Community Preservation Fund established
and created by this article.
Customary costs to maintain certain properties, including
grass-cutting, hedge-trimming, custodial services, snowplowing, garbage
removal, utilities, fuel and property insurance, which are not eligible
for funding under the management and stewardship provisions of the
Community Preservation Fund, effective July 1, 2008.
[Added 7-8-2008 by L.L. No. 40-2008]
The day-to-day actions and specific projects undertaken by
the Town pursuant to Town Law § 64-e to manage such rights
and interests in real property acquired through the Community Preservation
Fund, including but not limited to CPF Program administrative oversight
for acquisitions and related legal proceedings and expenses associated
with stewardship to ensure preservation of community character.
[Added 7-8-2008 by L.L. No. 40-2008]
Projects which promote the protection or enhancement of the
natural, scenic, and open space character for which the property was
acquired; accessory uses or structures related to the purpose for
which the property was acquired; and restoration of property to its
natural state, including demolition of existing buildings and structures.
Examples of management and stewardship projects include kiosks, signage,
nature trails, boardwalks, bicycle paths, peripheral parking areas,
fencing, gates, trash receptacles, picnic tables, park benches, bike
racks, weatherization of structures, security lighting, demolition
for open space (not for replacement buildings), removal of invasive
species, equipment purchases dedicated to managing CPF properties,
historic restoration and consultant services to complete assessment
reports to accomplish any of the above types of projects.
[Added 7-8-2008 by L.L. No. 40-2008]
Abbreviation for "payment in lieu of taxes."
[Added 7-8-2008 by L.L. No. 40-2008]
For purposes of this chapter, the conducting, supervising,
or managing of lands and interests in real property acquired through
the Community Preservation Fund; especially the careful and responsible
management of lands and interests entrusted to be under the care of
public officials, such as natural resources and historic structures.
[Added 7-8-2008 by L.L. No. 40-2008]
Abbreviation for "transfer of development rights."
[Added 7-8-2008 by L.L. No. 40-2008]
The Assessor of the Town of Southampton, and specifically
the public official responsible for establishing the assessed values
for properties in the Town, including the filing of assessment rolls
for eligible districts upon Town Board approval pending application
of payments in lieu of taxes authorized under this chapter.
[Added 7-8-2008 by L.L. No. 40-2008]
The Town Board of the Town of Southampton, and specifically
the governing body responsible for administration of the Community
Preservation Fund Program for the Town.
[Added 7-8-2008 by L.L. No. 40-2008]
The Comptroller of the Town of Southampton, and specifically
the public official responsible to assist the Town Supervisor and
Town Board maintain accounting records of the Community Preservation
Fund Program, and upon Town Board approval, administration of payments
in lieu of taxes to eligible taxing districts authorized under this
chapter.
[Added 7-8-2008 by L.L. No. 40-2008]
The Supervisor of the Town of Southampton, and specifically
the chief fiscal officer for the administration of the Community Preservation
Fund Program.
[Added 7-8-2008 by L.L. No. 40-2008]
The Receiver of Taxes of the Town of Southampton, and specifically
the public official responsible for administration of the billing
and collection of property taxes from property owners within the Town,
including the reduction of tax levies for eligible districts upon
Town Board approval pending application of payments in lieu of taxes
authorized under this chapter.
[Added 7-8-2008 by L.L. No. 40-2008]
The monies received from a tax imposed upon the transfer
of real property interests pursuant to Article 31-D of the Tax Law
of the State of New York for community preservation fund purposes.
[Added 7-8-2008 by L.L. No. 40-2008]
[1]
Editor's Note: See § 64-e, Subdivision
9-a(c), of the New York State Town Law.
A.
The Town of Southampton Community Preservation Fund
is hereby established pursuant to § 64-e of the Town Law.
B.
Deposits into the fund may include revenues of the Town from whatever source and shall include the revenues from the real estate transfer tax imposed by the Town pursuant to Article II of this chapter and Article 31-D of the Tax Law of the State of New York.
C.
The fund shall also be authorized to accept gifts
of any such interests in land or funds. Interest accrued by monies
deposited in the fund shall be credited to the fund.
D.
In no event shall monies deposited in the fund be
transferred into any other account.
E.
Nothing contained in this section shall be construed
to prevent the financing, in whole or in part, pursuant to the Local
Finance Law of the State of New York, of any acquisition authorized
pursuant to this chapter. Monies from the fund may be utilized to
repay any indebtedness or obligations incurred pursuant to the Local
Finance Law of the State of New York, consistent with effectuating
the purposes of this article.
[Amended 8-13-2002 by L.L. No. 49-2002; 4-22-2003 by L.L. No. 36-2003; 12-11-2007 by L.L. No. 62-2007; 3-25-2008 by L.L. No. 16-2008]
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 the community within the Town, including any village, 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 this article and in
accordance with said plan.
(5)
To make payments to school, fire, fire protection and ambulance districts
in connection with lands owned by the State of New York or any municipal
corporation (the PILOT Program), consistent with § 64-e
of Town Law.
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.
(1)
The management and stewardship program provided for in Subsection A(4) of this section shall include but not be limited to educational programs, enforcement programs, training and hiring of park personnel for purposes of education, stewardship, and enforcement.
(2)
Funds not expended within a calendar year may be carried over to
the next year and may be spent for management and stewardship or land
acquisitions. Such carried-over funds shall not exceed the previous
year's budgeted amount for the management and stewardship program.
D.
CPF PILOT Program. Beginning with the 2002-2003 tax year, the Town shall make payments to school, fire, fire protection, and ambulance districts from the Southampton Town Community Preservation Fund in connection with lands owned by the State of New York or any municipal corporation within the Central Pine Barrens area, as defined by Article 57 of the State Environmental Conservation Law (the PILOT Program). Such payments may only be made to a district where more than 25% of the assessed value of such district within the Town is wholly exempt from real property taxation pursuant to the State Real Property Tax Law, because it is owned by the State of New York or a municipal corporation for preservation purposes. However, beginning with the 2007-2008 tax year, the Town shall use the revised eligibility criteria set forth by the State of New York for school districts and § 140-3.2A of this chapter, and shall no longer require that the eligible school district be situate within the Central Pine Barrens area or have more than 25% of the assessed value of such district within the Town be wholly exempt from real property taxation pursuant to the State Real Property Tax Law, because it is owned by the State of New York or a municipal corporation. Beginning with the 2023-2024 tax year, the Town may make payments to school, fire, fire protection, and ambulance districts from the Southampton Town Community Preservation Fund. Such payments may be made to mitigate the impact of lost tax revenues from lands made wholly exempt as a result of their acquisition by the federal, state, or local government for the preservation of community character as defined in Subdivision 4 of § 64-e of the Town Law. Before approving such payments, the Town Board shall determine that the lost tax revenue would result in an extraordinary financial hardship to such districts.
[Amended 8-11-2009 by L.L. No. 36-2009; 10-24-2023 by L.L. No. 33-2023]
(1)
Such payments made by the Town shall only be made for lands within such districts which are wholly exempt from real property taxation pursuant to the Real Property Tax Law that have been acquired by the federal government, state government, or a local government on or before the taxable status date of March 1 for community preservation purposes pursuant to § 64-e of the Town Law, whether or not said lands were actually acquired with community preservation funds. For the purposes of determining the payment to each eligible district, each eligible parcel shall be assessed as provided for in the Real Property Tax Law. Such assessments shall be approved by the Commissioner of Taxation and Finance in the same manner as state lands, as provided for in Subdivision 3 of § 542 of the Real Property Tax Law. Such eligible parcels shall be reassessed annually. The Town shall apply each eligible district's tax rate to determine the maximum payment for each eligible parcel in that district for each year. Not more than 10% of the annual revenues of the community preservation fund may be used for the property tax relief purposes authorized by the State of New York and § 140-3D of this chapter for eligible taxing districts in any calendar year. Commencing with the year 2009, the Town shall use the prior calendar year's revenues to determine the maximum amount available for PILOT allocations to eligible districts pursuant to the state-mandated limitation of up to 10%. The proposed total CPF PILOT Program allocation shall be clearly shown each year as a line item in the Supervisor's tentative budget and the final operating budget adopted by the Town Board. For each eligible district, such payment shall not exceed the annual tax liability that would have been due if such lands of the state or municipal corporation had been subject to real property taxation. At the Town Board's discretion, the difference between the maximum payment amounts for the year and the maximum determined to be available under the 10% limitation may be reserved for future CPF PILOTs, pursuant to Subsection D(4) below.
(a)
By the terms "such lands," the Town's interpretation is
those lands held in public trust for preservation purposes, including
but not limited to real property interests acquired through the CPF
Program.
(b)
The Town Comptroller shall determine the annual tax loss of
a qualifying district for such lands classified as wholly exempt for
purpose of determining the maximum amount of the payment-in-lieu-of-taxes.
Properties owned by the state or a municipal corporation for purposes
other than preservation (e.g., schools, transfer stations, airports)
shall not be eligible for payments-in-lieu-of-taxes funded through
CPF and therefore shall be excluded from the determination of maximum
PILOT amount per eligible district. The Town Assessor shall assist
the Town Comptroller and Tax Receiver in making the determination
of maximum amount of payment-in-lieu-of-taxes for lands wholly exempt
for preservation purposes for each eligible district. The Town Assessor
shall file an assessment roll of wholly exempt preservation lands
eligible for CPF PILOTs in the office of the Town Clerk annually prior
to the filing of the Supervisor's tentative annual operating
budget for the ensuing year.
(c)
For each eligible district, the calculation of maximum amount
of payment-in-ieu-of-taxes for lands wholly exempt for preservation
purposes shall be determined on or before September 30 of each year,
concurrent with the requirement for the Supervisor to file a tentative
budget in the office of the Town Clerk.
(2)
Allocation formula for CPF PILOT payments. Where the total annual budget appropriation by a town for the payments provided for by this section is less than the aggregate payments for all districts, then the town shall apportion such annual payment for each district based on a percentage calculated as a proportion of each district's payment to the aggregate of payments to all districts. In such case, each district shall receive its proportional share of the budget appropriation. Such payment made by the Town shall be used solely to reduce the property tax liability of the remaining taxpayers of the district within such town. Not more than 10% of the fund collected in any fiscal year may be used for the purpose outlined in this section. The last fiscal year for which 12 full months of collected revenue is available shall be used to determine the maximum appropriation permitted by this section. The maximum percentage of the fund to be appropriated for such payments for any year or years may be reduced below 10% by an election upon proposition pursuant to § 81 of the Town Law.
(a)
The Town Board finds that apportionment based upon the size
of the budget of the eligible district is not equitable per se and
may artificially provide certain districts with a greater share of
the total annual PILOT Program allocation made by the Town based upon
greater spending by the district. It is preferred that the PILOT amount
be determined on the proportionate basis of tax loss to the eligible
districts. For example, the maximum PILOT amounts per eligible districts
should be tallied for a cumulative amount in order to determine what
percentage each particular eligible district shall be entitled to
receive from the PILOT allocation for that particular year. However,
due to specific wording of the state law, apportionment shall be achieved
by tallying the tax levies of each district for a cumulative amount
in order to determine what percentage each particular eligible district
shall be entitled to receive from the PILOT allocation for that particular
year.
(b)
A determination of the PILOT amount per eligible district shall
be made by Town Board resolution, following adoption of the Town's
operating budget and review and analysis of the calculations made
by the Town Tax Receiver, certified by the Town Comptroller, and approved
by the Town's CPF Manager.
(3)
The payment made by the Town under this section shall be used solely
to reduce the property tax liability of the remaining taxpayers of
the district within the Town of Southampton.
(a)
Budget submittal requirements for eligible districts. Each eligible
school district and fire district shall submit its annual operating
budget and tax levy to the Town Comptroller by November 1, on forms
provided by the Town, approved as to form by the Tax Receiver. For
eligible school districts and fire districts which fail to submit
their annual operating budget on a timely basis, the Town Comptroller
is authorized to use the tax levy from the prior year for purposes
of determining PILOT allocation. For fire protection districts and
ambulance districts, the Town Comptroller shall use the final operating
budget and tax levy adopted by the Town Board on or before November
20.
(b)
Subsequent to November 20 and prior to November 30, the Town
Comptroller is authorized to prepare a tax warrant which reduces tax
levies for eligible districts following adoption of the Town Annual
Operating Budget and passage of a Town Board resolution determining
the amount of PILOTs to be allocated to such eligible districts.
(c)
The Town CPF Manager shall review the payments made to the eligible
districts by the Town Comptroller annually.
(4)
PILOT Program funds not expended within a calendar year may be carried
over as an appropriated fund balance within the Community Preservation
Fund. With respect to the CPF PILOT Reserve Fund:
(a)
Monies appropriated by Town Board resolution into such fund
are restricted to be used for tax stabilization purposes for eligible
taxing districts;
(b)
Appropriations to be placed into the CPF PILOT Reserve are at
the Town Board's discretion and may only be considered in the
current year; and
(c)
Use of such CPF PILOT Reserve Funds may only be allocated by
further resolution of the Town Board.
E.
The Town Board shall adopt an annual plan before the payments authorized
by this section may be made. No monies from the fund shall be expended
for such payments, except as approved in said plan. Said plan shall
specify each parcel eligible for a payment and shall provide for the
amount of payment for each eligible parcel for the current fiscal
year as well as an estimate for the following fiscal year. In addition,
such plan shall provide the assessed value of each eligible parcel.
Said plan shall be approved and adopted by the Town Board after a
public hearing.
[Added 10-24-2023 by L.L.
No. 33-2023[1]]
[1]
Editor's Note: This local law also redesignated former
Subsection E as Subsection G.
F.
The Town Board reserves the right to rescind, suspend, amend or modify
CPF PILOT Plan payments referenced herein based upon fiscal constraint,
budgetary restrictions, economic conditions and/or any other relevant
factor(s) as determined by the Town Board.
[Added 10-24-2023 by L.L.
No. 33-2023]
G.
Upon the full implementation of the Community Preservation Project
Plan and funds no longer being required for the purposes provided
for in this section, any remaining monies in the fund shall be applied
to reduce any bonded indebtedness or obligations incurred to effectuate
the purpose of this section.
[Amended 4-22-2003 by L.L. No. 36-2003; 12-11-2007 by L.L. No. 62-2007]
A.
Pursuant to § 64-e of Town Law, the Town
Board may make payments to eligible districts within the Central Pine
Barrens area solely to reduce the property tax liability of the remaining
taxpayers of the district within the Town of Southampton. Fire, ambulance,
and fire protection districts shall be eligible for PILOT payments,
provided that:
(1)
Real property within such district has been made wholly exempt from real property taxation pursuant to the Real Property Tax Law to effectuate the purposes of the fund and meeting the criteria set forth in § 140-3D above; and
(2)
The receipt of a payment in a calendar year does not
guarantee that a payment will be made to the eligible district in
the next year or guarantee that the same amount will be paid in the
next year.
(3)
An eligible taxing district shall not anticipate receipt
of Community Preservation Fund money from the Town for budget purposes.
Publications for the district shall clearly indicate the total operating
budget, tax levy, and tax rate to support expenses without anticipated
PILOTs funded through CPF unless expressly stated as follows: In the
event that the Southampton Town Board approves a PILOT from the Community
Preservation Fund Program for tax relief to this eligible taxing district
in the amount of ________ (fill in), the tax levy will be reduced
accordingly and the tax rate will be $____ (fill in) per $1,000 to
support the operating expenses.
(4)
The eligible districts, which may vary in number each
year, shall be designated each year as part of the requested budget
of the Community Preservation Fund Management Program. The line item
for the PILOT Program shall be specifically stated in the Community
Preservation Fund budget. The budget narrative shall indicate the
qualifying districts for the PILOT Program and the prior year's PILOT
amount. The allocation of PILOT payments shall be accomplished by
the Town to directly offset the tax levy of the eligible district
to reduce the tax liability of the remaining taxpayers of the district
within the Town of Southampton. PILOT payment shall be made by June
30 of each year.
(5)
Funds collected by the Community Preservation Fund
for a given calendar year shall first be set aside for debt service
and the PILOT Program.
[Added 12-11-2007 by L.L. No. 62-2007]
A.
Pursuant to § 64-e of Town Law, school districts
shall be eligible for PILOT payments, provided that:
(1)
Real property within such school district has been made wholly exempt from real property taxation pursuant to the Real Property Tax Law to effectuate the purposes of the fund, and meeting the criteria set forth in § 140-3D above; and
(2)
Such school district is determined to be a high need
or average need school district pursuant to the need resource capacity
index established by the State Education Department. Annually, the
CPF Manager shall ensure an updated copy of the need resource capacity
index is placed on file in the office of the Town Clerk and in the
office of the Town Comptroller.
(3)
The receipt of a payment in a calendar year does not
guarantee that a payment will be made to the school district in the
next year or guarantee that the same amount will be paid in the next
year.
(4)
An eligible school district shall not anticipate receipt
of Community Preservation Fund money from the Town for budget purposes.
Publications for the school district shall clearly indicate the total
operating budget, tax levy, and tax rate to support expenses without
anticipated PILOTs funded through CPF unless expressly stated as follows:
In the event that the Southampton Town Board approves a PILOT from
the Community Preservation Fund Program for tax relief to this eligible
school district in the amount of ________ (fill in), the tax levy
will be reduced accordingly and the tax rate will be $____ (fill in)
per $1,000 to support the operating expenses.
(5)
The eligible school district(s), which may vary in
number each year, shall be designated each year as part of the requested
budget of the Community Preservation Fund Management Program. The
line item for the PILOT Program shall be specifically stated in the
Community Preservation Fund budget. The budget narrative shall indicate
the allocation of the PILOT Program by eligible school district and
the prior year's PILOT amount. The allocation of PILOT payments shall
be accomplished by the Town to directly offset the tax levy of the
eligible district to reduce the tax liability of the remaining taxpayers
of the district within the Town of Southampton. PILOT payment shall
be made by June 30 of each year.
(6)
Funds collected by the Community Preservation Fund
for a given calendar year shall first be set aside for debt service
and the PILOT Program.
[Amended 4-8-2003 by L.L. No. 34-2003; 3-25-2008 by L.L. No.
17-2008]
A.
An Advisory Board is hereby established to review
and make recommendations on proposed acquisitions of interests in
real property using monies from the fund.
B.
Such Board shall consist of seven members who shall
be residents of the Town and who shall serve without compensation.
In addition to the seven members, the Town Board shall appoint four
ex-officio members to serve at the pleasure of the Town Board, which
may include representatives of environmental conservation organizations
or estate planning/conservation planning entities. No member of the
Town Board shall serve on the Advisory Board.
[Amended 1-13-2015 by L.L. No. 3-2015; 2-10-2015 by L.L. No.
8-2015]
C.
A majority of the members appointed shall have demonstrated
experience with conservation or land preservation activities. At least
one member of the Advisory Board shall be an active farmer.
D.
The Board shall act in an advisory capacity to the
Town Board. All matters concerning potential acquisitions of land
or interests in real property shall be held in the strict confidence
of Advisory Board members, including ex-officio members.
[Added 7-8-2008 by L.L. No. 40-2008]
A.
A Department of Community Preservation is hereby established.
The administrator shall be hereinafter referred to as the “CPF
Program Manager” and shall assist the Town Board with oversight
of the CPF Management and Stewardship Program, acquisitions of interests
in real property, budgetary compliance and legal proceedings to accomplish
plan objectives.
B.
The CPF Program Manager shall serve as coordinator
for the CPF Advisory Board.
C.
The CPF Program Manager shall ensure compliance with state and local requirements governing the CPF Program, including stewardship and management activities which shall be subject to requirements enumerated in §140-4.2 below. The CPF Program Manager shall be provided with all records pertinent to the fund and shall certify all expenses charged to the fund, including payroll.
D.
The CPF Program Manager shall provide an accounting
of each purchase transaction to the Town Board, detailing all acquisition
costs attributed to the fund.
E.
Working with the Town Comptroller, the CPF Program
Manager shall provide a quarterly financial report to the Town Board,
detailing revenues, expenditures and cash flow analysis with anticipated
expenditures through year-end.
F.
Working with the Town Comptroller, the CPF Program
Manager shall ensure that an annual independent audit of the fund
be completed within 120 days of the close of the fiscal year and filed
in the office of the Town Clerk.
[Added 7-8-2008 by L.L. No. 40-2008]
A.
As part of, or in addition, to the Community Preservation Fund Project Plan adopted pursuant to § 140-3A(1) of the Town Code and § 64-e of Town Law, a Management and Stewardship Plan shall be adopted for interests or rights in real property acquired through the fund. Said Management and Stewardship Plan shall provide a description and estimated cost for each project to be expensed to the fund over a three-year period. Said plan shall be adopted by local law, subject to a public hearing, and may be updated from time to time at the discretion of the Town Board. Amendments to said plan shall be subject to public hearing. No monies from the fund shall be expended for management and stewardship projects except as approved in said plan, and all CPF program administrative costs, pursuant to § 140-3A(4), for management and stewardship shall be consistent with said plan and Town Law §64-e.
B.
All employee salaries, benefits and program administrative costs shall be subject to review and approval by the CPF Program Manager and must be auditable for compliance to the purposes of the fund. No charges shall be permitted which are unrelated to the purposes enumerated in § 140-3A above and instead are associated with the general operations of the Town.
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 General Municipal Law.
B.
Nothing herein shall prevent the Town Board from entering
into a conditional purchase agreement before a public hearing is held.
C.
Any resolution of the Town Board approving an acquisition
of land pursuant to this chapter shall find that acquisition was the
best alternative for the protection of community character of all
the reasonable alternatives available to the Town.
A.
Lands acquired under this chapter shall be administered
and managed in a manner which:
(1)
Allows public use and enjoyment in a manner compatible
with the natural, scenic, historic, and open space character of such
lands;
(2)
Preserves the native biological diversity of such
lands;
(3)
With regard to open spaces, limits improvements to
enhancing access for passive use of such 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; and
(4)
Preserves cultural property consistent with accepted
standards for historic preservation.
B.
The Town may enter into agreements with corporations,
organized under the Not-For-Profit Corporations Law, engaged in land
trust activities to manage lands, including less than fee interests
acquired by the fund.
C.
Any such agreement shall contain a provision that
such corporation shall keep the lands accessible to the public unless
such corporation shall demonstrate to the satisfaction of the Town
that public accessibility would be detrimental to the lands or any
natural features associated therewith.
A.
Rights or interests in real property acquired with
monies 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 shall provide for the substitution of other lands
of equal environmental value and fair market value and reasonably
equivalent usefulness and location to those to be discontinued, sold
or disposed of, and such other requirements as shall be approved by
the Legislature.
B.
In addition to an act of the State Legislature, real
property acquired with monies 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 a local law adopted
by the Town Board. Said local law shall be adopted by a four-fifths
majority and shall be subject to a mandatory referendum.
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, 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 that:
