As used in this chapter, the following terms
shall have the meanings indicated:
AGRICULTURAL LANDS
Lands used in bona fide agricultural production located in
an agricultural district and receiving agricultural assessment.
AGRICULTURAL USE AND PRODUCTION
The use and production for commercial purposes, of all those
items and products as defined in New York State Agriculture and Markets
Law § 301, including, but not limited to, plants and animals
useful to man including fruits, viniculture, nuts, vegetables, greenhouse
plants, tree nursery, Christmas trees, forages, sod crops, grains,
feed crops, dairy, processing of on-farm-produced dairy products,
all domestic livestock for breeding and grazing and the equine industry,
aquaculture, hydroponics and other similar uses and activities.
ALIENATION
The transfer or sale of any development right in real property
from or by the Town of Goshen to another qualified person or entity.
CONSERVATION EASEMENT
An easement in gross that restricts the use of real property
to conservation and related purposes described in a deed of easement
or other legal document.
DEVELOPMENT RIGHT
As authorized by § 247 of the New York State General
Municipal Law, as amended, shall mean the permanent legal interest
and right to permit, require or restrict the use of the premises exclusively
for passive open space and agricultural production, as the term is
currently defined in § 301 of the New York State Agriculture
and Markets Law, and the right to prohibit or restrict the use of
the premises for any purpose other than agricultural production and
passive open space.
INTEREST or RIGHT
Any legally recognized interest and right in real property
less than fee simple.
OPEN SPACE
Parcels of land that are or may be part of a significant
viewshed, harbor endangered species or abundant animal habitat, protect
a vital aquifer, be adjacent to an existing conservation easement
parcel, proximate to a public facility, contain a year-round stream
or body of water, have an historic structure (or structures), proven
native American landmarks and artifacts or border a scenic road.
PERMEABILITY
The ability of soils to absorb and transmit water from the
surface toward the subsoil without artificial or natural barrier.
This term relates to the qualitative evaluation of soils for agricultural
purposes.
STRUCTURE
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.
The Open Space Board shall have the authority
to:
A. Solicit applications from eligible landowners for
PDR of qualified properties.
B. Encourage owners of lands contiguous with already
preserved lands and/or presently agriculturally assessed lands, to
submit application for PDR in order to establish/maintain a critical
open space mass.
C. Meet to review all applications submitted, and, within
30 days of submission of any application, rank the application using
the ranking system set forth in the Open Space and Farmland Protection
Plan, dated July 2003 and included in the Comprehensive Plan, which
system may be amended from time to time by the Town Board.
[Amended 2-23-2009 by L.L. No. 1-2009]
D. Prepare a report to the Town Board providing the score
and reasons supporting the score of an application and including a
recommendation regarding the extent of rights to be required, if any.
E. Hold yearly informational meetings.
F. Offer help with the PDR application process.
G. Visit landowners who are potential applicants for
PDR.
H. Monitor, or make provision therefor, each deed-restricted
parcel yearly to insure that regulations of PDR are properly observed.
File a written report on each parcel, and notify owner in writing,
of any noted infraction.
I. Review any matters relating to development rights
in particular as they relate to the Town.
J. Promulgate, subject to Town Board approval, such procedural
rules and regulations as may be necessary to carry out the intent
of this chapter, and to administer its provisions including evaluation
and ranking of applicants for purchase of development rights.
No lands acquired pursuant to this chapter shall
be alienated except by vote of a super-majority (a majority plus one)
of the Town Board, subject to permissive referendum pursuant to the
procedures found in Article 7 of the Town Law.
Upon announcement of any round of grants for
PDR, two Open Space Board members may be selected to study the RFP
(request for proposal), check all applications for completeness, draft
the proposal and submit by the deadline to the granting authority.
The Open Space Board may, to the extent appropriated funds are available,
hire a grant writer to be retained by the Town in order to facilitate
and enhance the receipt of grants.
The Town Board may accept the gift of 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 Open Space Preservation program.
The Open Space Board shall have access to the
Town Attorney and/or the Deputy Town Attorney in matters requiring
legal opinion.
Notwithstanding the provisions of any special
law, charter law, local law or resolution which may be inconsistent
herewith, in whole or in part, this chapter shall in all respects
control in the matter of acquisition of development rights in qualified
parcels.