[HISTORY: Adopted by the Town Board of the
Town of New Paltz 8-23-2007 by L.L. No. 4-2007. Amendments noted where
applicable.]
A.
The State of New York, by various legislative enactments,
including but not limited to General Municipal Law § 247
and Environmental Conservation Law § 49-0301, has found
that the rapid growth and spread of suburban development is encroaching
upon or eliminating many open areas and spaces of varied size and
character, including many having significant scenic or aesthetic values,
which areas and spaces if preserved and maintained in their present
open state would constitute important physical, social, aesthetic
or economic assets to existing or impending suburban development.
The legislature has determined that the acquisition of open spaces
and areas is a valid public purpose and that the expenditure of Town
funds to acquire legal interests and rights in such lands is in furtherance
of such purpose and is a proper expenditure of public funds for public
purposes.
B.
The Town of New Paltz supports such public purposes
and finds that such purposes can be achieved by instituting a program
for the acquisition of interests or rights in real property for the
preservation of open spaces and farmland. Such a program would be
consistent with the New Paltz Open Space Plan adopted in June 2006.
The Town Board further moved toward local funding for the acquisition
of open spaces and areas, particularly the purchase of development
rights (PDR), by placing a bonding proposition on the November 2006
general election ballot. A majority of voters in the Town approved
such proposition, authorizing the expenditure of $2,000,000 for the
acquisition of open spaces and areas, including, among other things,
development rights. This chapter is intended to indicate generally
and in particular the procedures to be employed by the Town to protect
and conserve open spaces as characterized in the New Paltz Open Space
Plan.
A.
The purpose of this chapter is to provide mechanisms
to protect the assets of the Town that provide New Paltz's residents
with water that is clean, plentiful and sustainable; farm and forestry
industries that are strong and sustainable; habitats for diverse plants
and animals; recreational opportunities that are harmonious with the
land's natural state, historical, cultural and scenic assets and variety;
and educational and research opportunities about the natural world
and our agrarian economy. The activities and mechanisms outlined in
this chapter protect these assets generally, through the purchase
of interests in property, and through ongoing management and stewardship
of interests in property acquired by or entrusted or given to the
Town.
B.
The activities described in this chapter for the purchase
of interests in property, described herein, shall be purely voluntary.
Under no circumstances shall any landowner be coerced into participation
in these activities.
C.
Through this chapter the Town of New Paltz will expend
its tax revenues, and in some cases forego ongoing tax revenues, in
order to acquire interests in property. These acquisitions become
assets of the Town and are valuable to Town residents. It is incumbent
on the Town, in perpetuity, to safeguard these assets by monitoring
their condition and, where necessary, taking action to preserve the
rights that it has acquired.
As used in this chapter, the following terms
shall have the meaning indicated:
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, woody
biomass, horticulture, maple sap, and other similar uses and activities.
The sale or transfer of any development right in real property
acquired under this chapter by or from the Town of New Paltz 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.
A report and plan, including photographs, maps and narrative,
that documents the current state of the property at the time that
it, or an interest in it, is acquired pursuant to this chapter; and
outlines the plan to monitor preservation of this state and remedies
in the event of noncompliance with the easement or other requirements
of the purchase of the interests in property. In the case of an easement
that is purchased by the Town, the baseline report and monitoring
plan is the document that describes how the easement will be monitored.
The baseline report and monitoring plan should document features that
are important to the CWOSP Commission and Town Board in its decision
to acquire the property or interest in it. The baseline report and
monitoring plan must be signed and acknowledged before a notary by
the seller(s) of the property or interests in the property, the Chair
or Vice Chair of the CWOSP Commission, and the Town Supervisor or
his/her designee.
The Commission established in § 44-4 of this chapter shall assist the Town Board in executing this chapter.
[Amended 4-18-2019 by L.L. No. 4-2019]
Includes all monies deposited in the fund established by § 44-7 hereof.
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.
A legal document which conveys and/or restricts the use of
legal interests in land.
Those rights permitted to real property or land with respect
to residential or commercial uses or density of use in accordance
with law.
A landowner with property that has at least a minimum score
under the scoring criteria established by the CWOSP Commission, consistent
with the New Paltz Open Space Plan.
Include any legally recognized interests or rights in real
property, including fee simple ownership, ownership of development
rights or easements, options to purchase interests in property, leases
of property or development rights, and other interests or rights.
Interests in property may also be term interests that expire after
a set amount of time.
A report produced at least annually by the CWOSP Commission,
Town, or a private entity hired or designated by the CWOSP Commission
or Town that documents compliance with the baseline report and monitoring
plan. Upon completion, the monitoring report should be signed by the
report author, accepted by vote of the CWOSP Commission and signed
by its Chair, and signed by the property owner, if applicable. In
the event that the property owner refuses to sign, the refusal should
be documented. Copies of the report shall be distributed to all holders
of the baseline report and monitoring plan and otherwise filed, distributed
and publicized in a manner that promotes public capacity to monitor
the quality of the assets acquired under this chapter.
A specific modification to standard agreements, easements,
or other standard documents which furthers program interests.
Parcels of land that are not receiving agricultural assessment.
Such open space may be part of a significant viewshed, harbor significant
biodiversity and/or endangered species or abundant animal habitats,
protect a vital aquifer, be adjacent to an already existing parcel
of conserved land, be 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.
The $2,000,000 authorized by the referendum approved by the
voters on November 5, 2006.
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.
A situation in which a member of the CWOSP Commission or
his/her family could specifically benefit from an action taken by
the CWOSP Commission. For purposes of this definition, "family members"
include spouses and domestic partners, parents and parents-in-law,
stepparents, siblings and stepsiblings, children and stepchildren,
grandparents and grandchildren. For purposes of this definition, "specifically
benefit" means any reward that accrues in a greater amount to the
CWOSP Commission member in question than to other citizens of New
Paltz. For example, a potential conflict of interest would arise if
the Commission considered purchasing interest in property next to
a Commission member's mother's home or in a farm where a Commission
member's spouse works.
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.
[Amended 4-18-2019 by L.L. No. 4-2019]
The New Paltz Clean Water and Open Space Protection Commission
is hereby established and hereinafter referred to as "the CWOSP Commission"
or "the Commission." The Commission's purpose is, with the Town Board,
to execute the elements of this chapter.
A.
The CWOSP Commission of the Town shall consist of
11 members to be appointed by the Town Board. Persons residing within
the Town of New Paltz who shall have demonstrated significant interest
in and commitment to the conservation, protection and encouragement
of open space and of agricultural lands, both for production of food
and for preservation of such lands as valued natural and ecological
resources, evidenced either by involvement in conservation and preservation
groups, expertise in real estate, finance, agriculture, or recreation,
or by employment or by volunteer activity in such areas, shall be
eligible for appointment as members of the Commission. The Commission
will seek to have geographic representation from the different areas
of the Town identified in the New Paltz Open Space Plan as priorities
for protection.
(1)
In any reestablishment of the Commission following the effective date of this chapter, the Commission shall consist of seven members to be appointed by the Town Board consistent with the requirements for eligibility and membership set forth in Subsection A of this section.
[Added 4-18-2019 by L.L.
No. 4-2019]
B.
Of the members of the CWOSP Commission first appointed
following adoption of this chapter, two shall hold office through
December 31, 2007, the successors for whom shall thereafter be appointed
for the term of five years; three shall hold office through December
31, 2008, the successors for whom shall thereafter be appointed for
the term of five years; three shall hold office through December 31,
2009, the successors for whom shall be appointed for the term of five
years; and three shall hold office through December 31, 2011, the
successors for whom shall be appointed for the term of five years
each. If a vacancy shall occur otherwise than by expiration of a term,
it shall be filled by the Town Board by appointment for the unexpired
term.
(1)
In any reestablishment of the Commission following the effective
date of this chapter, the terms of office shall be for terms so fixed
that one member's term shall expire at the end of the second calendar
year next following the calendar year in which such member is appointed.
The remaining members' terms shall be three years each, so fixed that
three members' terms shall expire at the end of the third year in
which such members were initially appointed and three members' terms
shall expire at the end of the fourth year next succeeding the end
of the year in which such members were initially appointed. At the
expiration of each original member's appointment, the replacement
member shall be appointed for a term equal in years to the term of
the member replaced.
[Added 4-18-2019 by L.L.
No. 4-2019]
C.
The Commissioners shall file an oath of office with
the Town Clerk upon commencement of his/her duties and shall be governed
by applicable state and local laws, rules and regulations with respect
to conduct and ethics and shall be deemed public officers of the Town
for purposes of bonding/filing oaths of office and resignations and
public officers liability insurance.
D.
All members of the CWOSP Commission shall be chosen
by a majority vote of the Town Board and shall, at the time of their
appointment and throughout their term of office, be electors of the
Town of New Paltz and shall serve without compensation and at the
pleasure of the Town Board.
E.
The Commission, by majority vote of its members, shall
designate one of its members to serve as Chairperson through December
31, 2007, the successor of whom shall thereafter be designated in
the same manner to serve in such capacity for one year. In the event
that the Commission shall be unable to or shall fail to designate
such Chairperson, the Town Board, by majority vote of its members,
shall designate one of the members of the Commission to serve as Chairperson.
Notwithstanding the manner in which a Chairperson has been designated,
any such designation, at any time with or without cause, may be rescinded
by resolution of the Town Board.
F.
The Commission, by majority vote of its members, shall
designate one of its members to serve as Vice Chairperson through
December 31, 2007, the successor of whom shall thereafter be designated
in the same manner to serve in such capacity for one year. In the
event that the Commission shall be unable to or shall fail to designate
such Vice Chairperson, the Town Board, by majority vote of its members,
shall designate one of the members of the Commission to serve as Vice
Chairperson. Notwithstanding the manner in which a Vice Chairperson
has been designated, any such designation, at any time with or without
cause, may be rescinded by resolution of the Town Board.
G.
The Commission shall meet at least bimonthly. Meetings
shall be called consistent with the provisions of Article 7 of the
Public Officers Law (Open Meetings Law), and all members of the Commission
shall be given prior, written notice of the time and place of all
Commission meetings, except in emergency circumstances when personal
and/or telephone notice shall be deemed to be sufficient. Special
meetings may be called by the Chairperson of the Commission or by
any three Commission members.
H.
All meetings shall be publicly announced and open
to the public pursuant to the Open Meetings Law of the State of New
York (Public Officers Law Article 7). In addition, minutes of open
meetings (and executive sessions at which a final determination of
action was taken) shall be compiled pursuant to the Open Meetings
Law and made available to the Records Access Officer of the Town of
New Paltz (the Town Clerk) within two weeks.
I.
A quorum for the transaction of business shall consist
of at least six of the Commission's members. All decisions and actions
of the Commission shall be formally voted upon, with a majority vote
of the total authorized membership of the Commission needed to pass
any motion, proposal or resolution. Pursuant to the Freedom of Information
Law,[1] a voting record shall be compiled that identifies how
individual members voted in every instance.
(1)
In any reestablishment of the Commission following the effective
date of this chapter, a quorum for the transaction of business shall
consist of a majority of the total authorized membership of the Commission.
[Added 4-18-2019 by L.L.
No. 4-2019]
[1]
Editor's Note: See Public Officers Law Article
6.
J.
The Commission shall compile and keep current a reasonably
detailed list, by subject matter, of all records in its possession.
Records compiled or acquired by the Commission in the course of and
in the furtherance of its official function shall be accessible to
the public under the Freedom of Information Law (Public Officers Law
Article 6), except those that fall under the category of nondiscloseable
records pursuant to that law or pursuant to any other applicable state
or federal law. Access to the Commission's records or portions of
records, available to the public as provided herein, shall be in accordance
with the procedures set forth in the Code of the Town of New Paltz.
The CWOSP Commission's role is to advise and
assist the Town Board in implementing this chapter and to help the
Town protect agricultural, open, and undeveloped land and other natural
resources. The Commission shall have the authority to:
A.
Hold informational meetings;
B.
Communicate with landowners and others about programs,
described in this chapter and elsewhere, that support the preservation
of open, agricultural and environmentally significant lands;
C.
Encourage and solicit applications from landowners
to programs that acquire interests in property;
D.
Develop ranking criteria for evaluation of properties
consistent with the open space plan.
E.
Consider acquisition or interests in agricultural
lands; the Committee shall make every effort to enlist at least two
but no more than three farmers from outside the Town of New Paltz
to assist in the preparation of on-site reviews of agricultural lands
and facilities, to interview applicants, to study applications, to
determine the extent to which farms exhibit values consistent with
criteria established by the Commission, to arrive at a ranking of
applicants and to submit the results to the Commission;
F.
Assist the Town Board in the execution of this chapter,
including recommending expenditures of revenues and fees associated
with this chapter and interest on monies in the fund in accordance
with the purposes of this chapter;
G.
Promulgate, subject to Town Board approval, procedural
rules, regulations and establishment of fees necessary to carry out
the purposes and intent of this chapter and to administer its provisions,
including evaluation and ranking of applicants for acquisition of
interests in property;
H.
Offer review, analysis and other assistance with the
application process;
I.
Establish baseline report and monitoring plans on
each interest in property acquired in accordance with this chapter;
ensure at least annual completion of monitoring reports and compliance
with the baseline reports and with conservation easements where applicable;
formally review annual monitoring reports and other reports on compliance
with terms of the baseline reports and conservation easements where
applicable; take prompt and effective action to protect the rights,
of the Town of New Paltz should it discover inconsistencies between
the baseline reports, conservation easements held or owned by the
Town and current conditions;
J.
Make baseline reports, monitoring plans, monitoring
reports, and conservation easements easily available so that the public
can monitor the investments that the Town has made in interests in
property;
K.
In cases where the town has or intends to acquire
development rights, serve as a review board for the making of recommendations
for the location, construction, or moving of structures onto or within
all lands on which development rights have been acquired with respect
to any applications pending before any other local governmental board,
body or agency;
L.
Provide input on any matters relating to the acquisition
of development rights as they relate to the Town;
M.
Seek funds to increase and leverage monies in the
fund from government and private sources;
N.
Complete applications for federal, state and other
grant funding available for programs to preserve open space, farmland
and other lands consistent with the purpose of this chapter and hire
grant writers if needed for same; and
O.
Have such powers and exercise such duties as are set
forth in this chapter.
A.
The Town of New Paltz Preservation and Investment
Fund (the "fund") is hereby established. Its purpose shall be to purchase
interests in property and fund the activities described in this chapter,
including the ongoing management and stewardship of interests in property
acquired through this chapter.
B.
Deposits into the fund shall include revenues of the
Town from whatever source and shall include, at a minimum, bond funds
of November 2006, all revenues from or for the amortization of indebtedness
authorized for the acquisition of open spaces or areas pursuant to
§ 247 of the General Municipal Law.
[Amended 12-17-2020 by L.L. No. 7-2020]
C.
The fund shall also be authorized to accept gifts
on behalf of the Town.
D.
Interest accrued by monies deposited in the fund shall
be credited to the fund.
E.
Fees collected in conjunction with administration
of this chapter shall be deposited in the fund.
F.
Proceeds from the sale or lease of lands or other
property acquired through the fund shall be deposited in the fund.
G.
At its discretion, the Town Board may deposit other
monies in the fund.
H.
In no event shall monies deposited in the fund be
transferred to any other fund or account.
I.
Nothing contained in this chapter 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 or interest
authorized by this chapter. Monies from the fund may be utilized to
repay any indebtedness or obligations incurred pursuant to the Local
Finance Law, consistent with the purposes and intent of this chapter.
The fund shall be used exclusively:
A.
The Town Board shall hear and decide on all applications
for the purchase of interests in property made pursuant to this chapter.
No interest or right in real property shall be acquired by the fund
until a public hearing is held.
B.
The Commission shall establish a mechanism to solicit
and receive applications for use of monies in the fund, including
the review and ranking criteria and the application requirements for
submission contents, deadlines and application fees (which may be
set by the Town Board).
C.
Applications must, among other things, make clear:
(1)
The application fees required for participation and
whether they are refundable;
(2)
That alterations to the property between the time
of the application and final sale may, at the advice of the Commission
and the discretion of the Town Board, prevent the sale from being
completed; and
(3)
That the Town is required to safeguard its assets
and will take action should its interests in property be impaired.
D.
In order to solicit applications for the purchase
of interests in property, the Commission will publish notice, at the
Town's expense, of the availability of funding in at least one local
newspaper and shall otherwise publicize the availability of funding
in such a manner as to ensure maximum awareness and applications for
use of the fund. The Commission may also notify landowners directly
about the availability of funding.
E.
All applications for funding shall be filed with the
Commission and fees paid, in the manner prescribed by the Commission,
and supported by such additional information, maps and other documents
as shall be required by the Commission to insure compliance with this
chapter.
F.
Before reviewing applications, Commission members
must disclose to each other any potential conflicts of interest and
must determine whether such potential conflicts of interest require
that a Commission member not attend discussions about certain applications.
G.
The Commission will review and score applications.
The Commission is permitted to engage outside experts and hold public
hearings to gather information that will support its scoring of applications.
H.
Once its review and scoring is complete, the Commission
will transmit to the Town Board all the papers constituting the application,
along with the Commission's recommendations and rankings.
I.
Within 30 days of receipt of the Commission recommendations,
the Town Board shall publish, in the official newspaper of the Town,
notice of the time, place and date upon which the application shall
be heard at a public hearing to be held not less than 20, nor more
than 30 days following publication.
J.
At least 20 days before the date of the hearing held
in connection with any application submitted to the Town Board, the
Town Board shall transmit to the Planning Board, to the Environmental
Conservation Commission and to such other boards as the Town Board
shall determine a copy of the application and shall request that each
such board submit to the Town Board its advisory opinion on said application.
Each board shall submit its recommendations prior to the date of the
public hearing. The failure of such board to submit its recommendations
shall be interpreted as a favorable recommendation upon the application.
K.
No land or rights in land shall be acquired within
the geographical boundaries of the incorporated Village of New Paltz
unless the Village has consented to such acquisition.
L.
At the Town Board hearing the Board will review the
applications, the CWOSP Commission recommendations, the Planning Board
and Environmental Conservation Commission recommendations and other
evidence and render a decision about which purchase to make. If the
Town Board decides to take actions not recommended by the CWOSP Commission,
the Town Board shall issue a statement explaining why it is at variance
with the CWOSP Commission.
M.
The CWOSP Commission shall assist the Town in the
completion of the transaction.
N.
Prior to the completion of the transaction, the Commission
will prepare or cause to be prepared a baseline report and monitoring
plan for each interest in property acquired. Should conditions have
changed from those at the time of application, the Commission can
recommend a review of the property and a stop to the purchase.
O.
Conservation easements placed on the property through
a CWOSP recommendation shall include the Town as a party to the easement
and shall be filed with the county.
A.
Upon announcement of grant-funding opportunities by
state, county, and/or federal agencies, two commission members shall
be selected to study the RFP (request for proposals) and make a recommendation
to the Commission about whether or not to apply for a particular grant.
To the extent appropriated funds are available, and with the consent
of the Town Board, the Commission may employ the services of a grant
writer to be retained by the Town in order to facilitate and enhance
the application for and receipt of grants.
B.
After evaluating and ranking the potential projects
that would qualify for a grant, only those that rank within the top
15% of all applications shall be submitted for grant funding.
A.
The Town Board may accept by gift interests in 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 clean water and open space preservation program
and shall be subject to the same diligence established by this chapter
and related amendments and regulations, including requirements to
establish a baseline report and monitoring plan.
B.
If the Town purchases Village-owned property, the
Town and the Village will enter into a purchase agreement to specify
the types of uses for which the funds can be used to preserve or enhance
open space. Any purchase agreement should also provide that the Town
will not be required to maintain or develop the property unless agreed
upon by the parties.
A.
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 such
acquisition is a suitable alternative for the protection of such lands
available for the Town, that such acquisition is in furtherance of
the Town's goals for the equitable allocation of open space acquisition
bond funds (if applicable), and that acquisition is in furtherance
of other applicable program goals.
C.
A decision to fund may be for a limited time or can
be rescinded at any time by the Town Board.
A.
Interests in property 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.
Notwithstanding any other provision of this section,
there shall be no right to public use and enjoyment of land used in
conjunction with a farm operation as defined by Subdivision 11 of
§ 301 of the Agriculture and Markets Law, unless the landowner
explicitly agrees to permit such public use and enjoyment.
The Town may enter into agreements with corporations
organized under the Not-For-Profit Corporation Law to engage in land
trust activities to manage lands, including less-than-fee interests
acquired pursuant to this chapter. 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.
Except as provided for in the remainder of this section,
interests in property acquired through this chapter shall not be sold,
leased for more than one year, exchanged, donated or otherwise disposed
of or used for other than the purposes permitted by this chapter without
a local law adopted by 4/5 of the Town Board, the majority plus one
vote of the Town and subject to a permissive referendum.
B.
Any easements created with this chapter that also
fall under the jurisdiction of state or federal law (including the
Agriculture and Markets Law and Title 3 of Article 49 of the Environmental
Conservation Law) may only be extinguished or modified as provided
under that applicable state or federal law.
C.
This section shall not apply to the sale of development rights by the Town where said sale is made by a central bank created by the Town, pursuant to a transfer of development rights program, should such a program be adopted by the Town. It shall also not apply to temporary purchases of land and leases of property described in Subsections D and E of this section.
D.
The Town Board may purchase real estate, from willing sellers, that is deemed to be threatened by development, in order to protect a critical area of open space, agriculture or other element defined in § 44-2A of this chapter. The fund may be temporarily used for such purposes. When such land is sold, it shall bear an easement that ensures the preservation of those elements, such as open space or agricultural use, for which it was temporarily purchased. To the extent that the funds used to purchase such land came from the fund, the net sales price of such land will be returned to the fund. A sale of land pursuant to the provisions of this subsection shall not be subject to the requirements of Subsection A of this section.
E.
A majority of the Town Board may decide to lease interests
in property acquired in conjunction with this chapter for a temporary
(here defined as a period of less than one year) purpose, provided
that such actions neither violate the terms of any easements on the
property nor violate agreements with other entities that contributed
to the Town's purchase of such interests in property. For example,
there might be interest in using land designated as open to erect
a temporary structure for a public event; there might also be crop
or hunting rights on land for which the Town owns rights. Upon recommendation
by the Commission that the temporary use does not contravene the purpose
of the acquisition, a majority of the Town Board may vote to permit
such a use. Lease revenues from such a use shall be deposited in the
fund. The Commission shall be empowered to take all necessary steps,
including negotiating a lease contract and requiring sufficient insurance
and a performance bond, to ensure that after the lease period the
land is returned to its original condition.
The Town Board may accept by gift interests
in property 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 clean water, open space and agricultural land acquisition
program and shall be subject to the same diligence established by
this chapter and related amendments and regulations, including requirements
to establish a baseline report and monitoring plan.
The Commission shall have access to attorneys
for the Town, designated by the Town Board, in matters requiring legal
opinion.
Because the preparation and review of monitoring
reports is critical to the preservation of Town assets, the CWOSP
Commission or, in the event the CWOSP Commission becomes dormant or
ceases to exist, the Town Board may delegate the annual preparation
and review of these reports to another body of the Town, to another
government agency, to an independent contractor under contract to
provide such services to the Town, or to a nonprofit corporation with
a bona fide interest in preservation of the interests in property
acquired through this chapter.
