To be considered for inclusion in the Nature Preserve, a site must 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 resting wildlife.
C.
It contains freshwater or saltwater wetlands or ponds.
D.
It contains outstanding examples of natural communities
as identified by the New York Natural Heritage Program or the Town of Southampton
Department of Land Management.
[Amended 8-23-1996 by L.L.
No. 30-1996]
E.
It contains geological features which are vulnerable
to human disturbance, such as cliffs, bluffs, deep 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 or to other 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.
A.
Nomination. A nomination regarding Town-owned property
for dedication to the Nature Preserve must be submitted to the Town Board
in triplicate on the form prescribed by the Town Board. A nomination for dedication
may be made by Town agencies, community organizations and interested individuals.
B.
Evaluation.
(1)
Every written nomination submitted to the Town Board
shall be referred to the Department for an evaluation.
(2)
The Department shall utilize the criteria contained in § 231-10 in making a written evaluation on whether the nominated property should be considered for inclusion in the Nature Preserve. 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 pursuant to Subsection B above. If the Department's evaluation recommends against dedication to the Nature Preserve, no public hearing need be held. If the evaluation recommends dedication to the Nature Preserve, said nomination is subject to public hearing.
D.
Hearing. The Town Board shall schedule a public hearing
within 45 days of receipt of a positive referral for dedication from the Department.
Said hearing shall be held not less than three 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.
E.
Dedication. Following the public hearing, the Town Board,
by resolution, may dedicate all, part or none of the Town-owned property discussed
at the public hearing to the Nature Preserve.
A.
The Environmental Advisory Committee established pursuant
to Local Law 42 of 1992[1] shall be responsible for performing the following tasks in addition
to its other responsibilities:
(1)
Inventorying existing Town-owned property to assess possible
inclusion of said property in the Nature Preserve.
(2)
Maintaining a register listing of the property that has
been dedicated to the Nature Preserve.
(3)
Preparing or causing to be prepared management plans
for properties dedicated to the Nature Preserve to ensure that said properties'
unique features are preserved and protected.
B.
The Committee may request assistance and expertise from
the Department in performing its duties.
A.
The properties dedicated to the Town Nature Preserve
are hereby declared to be held in trust for the benefit of the people of the
Town of present and future generations and declared to be put to their best
and most important use for the public benefit.
B.
Property owned by the Town and dedicated under this chapter
to the Nature Preserve shall not be cleared or improved in any manner, except
to provide opportunities that facilitate the purposes set forth in the management
plan and/or enhance educational or wilderness experiences, without each of
the following procedures having first taken place:
(1)
The Town Board shall hold a public hearing to allow public
comment on the proposed land clearing on or improvement to certain property
dedicated to the Nature Preserve. Said hearing shall be held not less than
14 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.
(2)
Following the hearing, the Town Board shall, by a majority-plus-one
vote, pass a resolution that makes a finding of an imperative and unavoidable
public necessity requiring said land clearing on or improvement to certain
property dedicated to the Nature Preserve.
C.
Utility easements may be granted by the Town Board on
the perimeter of property dedicated to the Nature Preserve by a majority-plus-one
vote.
A.
The properties dedicated to the Nature Preserve are hereby
declared to be held in trust for the benefit of the people of the Town of
present and future generations and declared to be put to their best and most
important use for the public benefit.
B.
Property owned by the Town and dedicated under this chapter
to the Nature Preserve shall not be conveyed, leased, exchanged, devoted to
another public use or otherwise disposed of without each of the following
procedures having first taken place:
(1)
The Town Board shall hold a public hearing to allow public
comment on the proposed conveyance, lease, exchange, public use or other disposal
of certain property dedicated to the Nature Preserve. Said hearing shall be
held not less than 14 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, causing the same to be published at least once in the official
newspaper of the Town.
(2)
After the public hearing, further Town Board action shall be subject to the provisions of § 247-14 of this Code.
(3)
All other local, state and federal laws regarding divestiture
of property shall be complied with.
