The Town Board of the Town of North Hempstead, pursuant to New York State General Municipal Law, Article 2, General Municipal Finances, hereby establishes funds for the purpose of funding the acquisition of land for open space preservation, the restoration and protection of environmentally sensitive areas and the improvement and enhancement of coastal areas and waterways, as such are defined and regulated by various sections of New York State law, subject to, and pursuant to, the approval of the electors of the town in a public referendum, held pursuant to Town Law § 64, Subdivision 2, §
91, §
94 and § 220, and all other applicable statutes of the laws of the State of New York.
Continuing development within the town has demonstrated a compelling
need to preserve open space, to assure the continued availability of adequate
amounts and diversity of parkland for active and passive recreational use
and the aesthetic enjoyment of such lands and for the town to fulfill its
environmental stewardship responsibilities, enhance the general quality of
life and the environment of the town, attract and retain economic development,
manage growth, preserve neighborhoods and community character and thereby
benefit the residents and taxpayers of the town. The need for the restoration
and protection of environmentally sensitive areas and the improvement and
enhancement of coastal areas and waterways has also been demonstrated. In
order to achieve these goals, the town requires a cogent mechanism creating
the capacity to purchase land, easements or other real property rights and
interests quickly and efficiently, and make original improvements and enhancements
thereto and perform restoration, protection, improvement and enhancement projects
as the need arises and opportunities are identified, as appropriate fiscal
planning is an essential component of fulfilling these environmental goals.
The Town Board hereby finds that, in order to more effectively implement
the powers and authorities granted towns by New York State General Municipal
Law § 247, which recognizes the value of open space areas and the
need to preserve such land, and empowers municipalities with authority to
acquire real property to preserve as open space, and to more effectively implement
the powers and authorities granted to towns by various sections of New York
State Town Law, which recognize the value of open space, parkland, environmentally
sensitive areas, coastal areas and waterways and empowers municipalities with
authority to provide for original improvement and enhancement of such areas
and lands, including acquisition of real property and/or rights and interest
in real property for such purposes, the establishment and management of dedicated
environmental legacy funds pursuant to the laws of the State of New York is
necessary.
These accounts shall cease to receive further funding after all bonded
indebtedness incurred for the purposes of this chapter has been paid, unless
the provisions of this chapter are extended by resolution of the Town Board
in increments of five years. The Town Board may, in its sole discretion, prepay
all bonded indebtedness, subject to the terms and conditions of such bonds,
and terminate the funding of these accounts earlier than stated herein, upon
adoption of a resolution determining to do so. If at any time the Town Board
does not extend the funding for these accounts, the balances remaining therein
shall be used for the purposes set forth hereinabove until they have been
depleted.