[HISTORY: Adopted by the Rockland County Legislature 4-7-1998
by L.L. No. 5-1998. Amendments noted where applicable.]
[Amended 12-21-1999 by L.L. No. 2-2000]
A.
It is the purpose and intent of this Legislature to preserve
and maintain the maximum possible available access to the Hudson River and
green space/open space throughout the County for the enjoyment and appreciation
of all County residents and especially for future generations of Rocklanders.
B.
The scenic beauty of Rockland County is one of its outstanding
characteristics much valued by its residents and this legislative body. The
Hudson River is a tremendous unequaled natural resource, of incalculable value
and importance to the quality of life of all of our residents.
C.
Preservation of the rural character of the County and
the need for open-space preservation for the benefit of the ecology and of
environment is a vital concern and need for the residents of Rockland.
As used in this chapter the following terms shall have the meanings
as herein indicated:
The coordinator of environmental resources of Rockland County shall
coordinate and organize the efforts and resources of the various constituent
departments, agencies and entities referred to in this act.
The Rockland County Division of Environmental Resources[1] shall be the lead agency under this statute.
Those parcels of virgin land (i.e., forest wetlands, rivers, floodplain,
etc.) and large parcels of undeveloped land (i.e., farms, golf courses, reservoirs,
etc.) that support wildlife and the ecology of Rockland and that preserve
the rural character of the County.
[Added 12-21-1999 by L.L. No. 2-2000]
Riverfront properties will include properties adjacent and/or under
the Hudson River.
[Amended 12-21-1999 by L.L. No. 2-2000]
A.
To accomplish the above purposes, this Legislature does
promulgate and adopt this chapter, which shall be entitled "County wide Preservation/Reclamation
Act of Rockland County," and adopts the following provisions to advance and
protect Hudson River access, riverfront, open space, green space and ridge-top
properties for Rockland County and for all of its people.
B.
There shall be, and hereby is, created a Rockland County
County Wide Preservation/Reclamation Commission. The Commission shall be constituted
and comprised of the following:
(1)
Eight members, to be appointed by the County Executive,
who shall serve at the pleasure of the County Executive. The County Executive
may appoint himself as one of his designees. Three of such appointees shall
be residents of riverfront communities.
(2)
Eight members, to be recommended by the Chairperson of
the County Legislature and appointed by the County Executive. These shall
consist of the Chairperson of the Legislature, the Majority Leader of the
Legislature and the Minority Leader of the Legislature, or their designees.
These members shall serve at the pleasure of such parties who designate them.
There shall be two additional members, at large, who shall be recommended
for appointment by the Chairperson of the County Legislature and serve at
the pleasure of the Chairperson of the County Legislature. Three of such appointees
shall be residents of riverfront communities.
C.
The purpose of the Commission shall be to evaluate and
make recommendations concerning potentially available riverfront, green space/open
space and ridge-top properties within Rockland County with special consideration
given to the County's tax delinquent parcels inventory.
D.
The County Executive shall appoint the Chair of the Commission
for each calendar year.
[Amended 12-21-1999 by L.L. No. 2-2000]
A.
In furtherance of the goal and purpose of this chapter,
the following departments of County government, the Division of Environmental
Resources, the Department of Finance, the Highway Department and the Real
Property Tax Officer, the Department of Planning, using its GIS, and such
other departments and officers as may be able to offer complementary assistance
to the accomplishment of the purposes of this chapter, shall collaborate and
combine their efforts and mutually cooperate and shall, within 90 days after
the effective date of this chapter, prepare an inventory of riverfront, green
space/open space and ridge-top properties within Rockland County, as herein
described.
B.
In the course of this County's effort, to preserve
its open space, the Department of Finance and the Real Property Tax Officer
shall identify all parcels in proximity to the Hudson River or that are potential
green space/open space and/or that lie on the top and sides of ridges, mountains
and escarpments within Rockland County which are tax delinquent and as such
potentially available to the County of Rockland on the basis of delinquent
taxes.
C.
In furtherance of, and to further effectuate, the purpose
of this chapter, any riverfront or green space/open space and/or ridge-top
property or parcels which are at present tax delinquent or hereafter become
and/or ready to be auctioned or to be advertised for sale or public bid shall
not be advertised or offered for sale, and/or shall be withdrawn from any
proposed auction or sale, until an analysis has been made under this action.
D.
In addition, after all properties or parcels which are
owned by Rockland County, or which are tax delinquent, have been identified
and inventoried, the lead agency may also inspect and identify other desirable
parcels for park purposes in proximity to the Hudson River or preservation
of parcels which are green space/open space and/or ridge-top parcels which
may be available for acquisition.
E.
In furtherance of, and to effectuate the purposes of
this chapter, the lead agency shall also investigate whether federal, state
or private grants or funds are available to accomplish the intent and purpose
of this chapter and the conservation and preservation of the Hudson River
environment and green space/open space and ridge-top properties in Rockland.
F.
If a potential for such funding is found to be possible,
the staff of the Legislature will be made available to pursue any such applications
and any other appropriate officials, departments or agencies of County government,
which may be of assistance in that effort, will also lend their assistance
and cooperation towards that goal.
[Amended 12-21-1999 by L.L. No. 2-2000]
A.
After the aforementioned properties have been identified
and a listing of same compiled, the Coordinator of Environmental Resources,
together with the Superintendent of Highways, shall conduct an assessment
of those properties as potential parkland or green space and to determine
their accessibility and suitability for passive enjoyment as parkland or ecological
preserves.
B.
In making this assessment, said Commissioner and Superintendent
shall consider the means of access to said properties and whether same can
be effectively utilized for park and/or riverfront access purposes or their
desirability for preservation as green space/open space.
C.
The analysis to be undertaken shall be made with the
anticipation that some of the parcels may be of intrinsic value simply for
their beauty and scenic enjoyment, while others may have the potential to
be used for park activities or ecological preserves for County residents.
D.
This evaluation and analysis shall also include a review
to determine if specific riverfront, open space and/or ridge-top properties
should be enhanced or otherwise complemented.
E.
Upon the completion of the survey and assessment of properties,
the Coordinator of Environmental Resources shall supervise the preparation
of and render a comprehensive report to the County wide Preservation/Reclamation
Commission, which shall simultaneously and jointly be made available to the
County Executive and to the full County Legislature.
F.
The report to be rendered by the Coordinator of Environmental
Resources shall prioritize all properties surveyed on the basis of the desirability
and the suitability of same for utilization for riverfront access or parks,
open space or green space and ridge-top preserves for the purposes of this
chapter.
[Amended 12-21-1999 by L.L. No. 2-2000]
A.
Within 90 days after the receipt of the report and assessment
of the Coordinator of Environmental Resources, the County wide Preservation/Reclamation
Commission shall make a recommendation, jointly, to the County Executive and
the Rockland County Legislature Planning and Public Works and Budget and Finance
Committees as to which parcels it recommends for acquisition.
B.
If at any time, in order to complement a piece of the
County's riverfront or green space or ridge-top preservation properties,
the County should desire to acquire additional property owned by a municipality,
no such acquisition of another municipality's property shall occur unless
the municipality in title to the parcel shall be in agreement with the proposed
purchase and use and consents to same. If the municipality desires such purchase,
then the County shall negotiate with the municipality to reach an acceptable
acquisition cost. If an acceptable purchase price cannot be reached with the
municipality, then in that event the property shall not be acquired by the
County or further pursued.
C.
The County Executive and the County Legislature shall
determine which, if any, such parcels they recommend for acquisition for park
purposes or ecological preserves and whether appropriation from the County's
operating budget or inclusion in the capital budget is required.
D.
At least annually, the assessment of such potentially
available tax delinquent lots and/or properties shall be repeated by the herein
created lead agency. The County wide Preservation/Reclamation Commission shall
likewise make an annual recommendation to the County Executive and to the
full Legislature in order to continually pursue the preservation and increase
of Hudson River parkland access or ecologically sensitive parcels for all
Rockland County residents.
E.
Any subsequent acquisition taken on such recommendation
under this chapter is intended strictly for Hudson River parks preservation
or green space/open space and ridge-top preserve purposes only and will thereafter
be forever dedicated for use for park or preserve purposes only.
Prior to any transaction, as defined in the SEQR, being taken all required
assessment form filings and requirements under the Environmental Conservation
Law will be complied with.
