N.Y. TWN Law § 64-I*2 — New York Code / Act TWN / Article 4 / Section 64-I*2
Town of Fishkill preservation funds
Status: in_force

* § 64-i. Town of Fishkill preservation funds. 1. As used in this\nsection, the following words and terms shall have the following\nmeanings:\n  (a) "Town" means the town of Fishkill.\n  (b) "Community preservation" shall mean and include any of the\npurposes outlined in subdivision five of this section.\n  (c) "Board" means the advisory board required pursuant to subdivision\nsix of this section.\n  (d) "Fund" means the community preservation fund created pursuant to\nsubdivision two of this section.\n  (e) "Tax" shall mean the real estate transfer tax imposed pursuant to\nsection fourteen hundred thirty-nine-b of the tax law or, if the context\nclearly indicates, shall mean the real estate transfer tax imposed\npursuant to article thirty-one of the tax law.\n  2. The town board of the town of Fishkill is authorized to establish\nby local law a community preservation fund pursuant to the provisions of\nthis section. Deposits into the fund may include revenues of the local\ngovernment from whatever source and shall include, at a minimum, all\nrevenues from a tax imposed upon the transfer of real property interests\nin such town pursuant to article thirty-one-A-two of the tax law. The\nfund shall also be authorized to accept gifts of any such interests in\nland or of funds. Interest accrued by monies deposited into the fund\nshall be credited to the fund. In no event shall monies deposited in the\nfund be transferred to any other account. Nothing contained in this\nsection shall be construed to prevent the financing in whole or in part,\npursuant to the local finance law, of any acquisition authorized\npursuant to this section. Monies from the fund may be utilized to repay\nany indebtedness or obligations incurred pursuant to the local finance\nlaw consistent with effectuating the purposes of this section.\n  3. The purposes of the fund shall be exclusively: (a) to implement a\nplan for the preservation of community character as required by this\nsection, (b) to acquire interests or rights in real property for the\npreservation of community character within the town including villages\ntherein in accordance with such plan and in cooperation with willing\nsellers, (c) to establish a bank pursuant to a transfer of development\nrights program consistent with section two hundred sixty-one-a of this\nchapter, and (d) to provide a management and stewardship program for\nsuch interests and rights consistent with subdivision ten of this\nsection and in accordance with such plan designed to preserve community\ncharacter. Not more than ten percent of the fund shall be utilized for\nthe management and stewardship program.\n  4. If the implementation of the community preservation project plan,\nadopted by the town board, as provided in subdivision seven of this\nsection, has been completed, and funds are no longer needed for the\npurposes outlined in this subdivision, then any remaining monies in the\nfund shall be applied to reduce any bonded indebtedness or obligations\nincurred to effectuate the purposes of this section.\n  5. Preservation of community character shall involve one or more of\nthe following:\n  (a) preservation of open space;\n  (b) establishment of parks, nature preserves, or recreation areas;\n  (c) preservation of land which is predominantly viable agricultural\nland, as defined in subdivision seven of section three hundred one of\nthe agriculture and markets law, or unique and irreplaceable\nagricultural land, as defined in subdivision six of section three\nhundred one of the agriculture and markets law;\n  (d) preservation of lands of exceptional scenic value;\n  (e) preservation of freshwater marshes or other wetlands;\n  (f) preservation of aquifer recharge areas;\n  (g) preservation of undeveloped beach-lands or shoreline;\n  (h) establishment of wildlife refuges for the purpose of maintaining\nnative animal species diversity, including the protection of habitat\nessential to the recovery of rare, threatened or endangered species;\n  (i) preservation of unique or threatened ecological areas;\n  (j) preservation of rivers and river areas in a natural, free-flowing\ncondition;\n  (k) preservation of forested land;\n  (l) preservation of public access to lands for public use including\nstream rights and waterways;\n  (m) preservation of historic places and properties listed on the New\nYork state register of historic places and/or protected under a\nmunicipal historic preservation ordinance or law; and\n  (n) undertaking any of the purposes of this subdivision in furtherance\nof the establishment of a greenbelt.\n  6. The town board which has established a community preservation fund\nshall create an advisory board to review and make recommendations on\nproposed acquisitions of interests in real property using monies from\nthe fund. Such board shall consist of five or seven legal residents of\nthe municipality who shall serve without compensation. No member of the\nlocal legislative body shall serve on the board. A majority of the\nmembers of the board shall have demonstrated experience with\nconservation or land preservation activities. The board shall act in an\nadvisory capacity to the town board. At least one member of the board\nshall be an active farmer. Board members' terms shall be staggered.\n  7. The town board which has established a community preservation fund\nshall, by local law, adopt a community preservation project plan. Such\nplan shall list every project which the town plans to undertake pursuant\nto the community preservation fund. It shall include every parcel which\nis necessary to be acquired in the town in order to protect community\ncharacter. Such plan shall provide for a detailed evaluation of all\navailable land use alternatives to protect community character,\nincluding but not limited to: (a) fee simple acquisition, (b) zoning\nregulations, including density reductions, cluster development, and site\nplan and design requirements, (c) transfer of development rights, (d)\nthe purchase of development rights, and (e) scenic and conservation\neasements. Said evaluation shall be as specific as practicable as to\neach parcel selected for inclusion in such plan. Such plan shall\nestablish the priorities for preservation, and shall include the\npreservation of farmland as its highest priority. Funds from the\ncommunity preservation fund may only be expended for projects which have\nbeen included in such plan. Such plan shall be updated not less than\nonce every five years, but in no event until at least three years after\nthe adoption of the original plan. A copy of such plan shall be filed\nwith the town clerk, the commissioner of environmental conservation, the\ncommissioner of agriculture and markets and the commissioner of the\noffice of parks, recreation and historic preservation. Such plan shall\nbe completed at least sixty days before the submission of the mandatory\nreferendum required by section fourteen hundred thirty-nine-b of the tax\nlaw. If at the time of referendum, the town shall have in place an\nadopted open space plan, such plan shall be deemed sufficient to waive\nthe preservation plan requirements of this subdivision. Any monies\nexpended from the community preservation plan shall, however be\nconsistent with the purposes outlined in subdivisions three and five of\nthis section and with the open space plan for a period not to exceed\ntwelve months.\n  8. The town board which has established a community preservation fund\npursuant to this section may study and consider establishing a transfer\nof development rights program to protect community character as provided\nfor by section two hundred sixty-one-a of this chapter. All provisions\nof such section two hundred sixty-one-a shall be complied with. If at\nany time during the life of the community preservation fund a transfer\nof development rights program is established, the town may utilize\nmonies from the community preservation fund in order to create and fund\na central bank of the transfer of development rights program. If at any\ntime during the life of the community preservation fund, a transfer of\ndevelopment rights program is repealed by the town, all monies from the\ncentral bank shall be returned to the community preservation fund.\n  9. No interests or rights in real property shall be acquired pursuant\nto this section until a public hearing is held as required by section\ntwo hundred forty-seven of the general municipal law; provided, however,\nthat nothing herein shall prevent the town board from entering into a\nconditional purchase agreement before a public hearing is held. Any\nresolution of the town board approving an acquisition of rights or\ninterest in real property pursuant to this section, shall find that\nacquisition was the best alternative for the protection of community\ncharacter of all the reasonable alternatives available to the town.\n  10. Rights or interest in real property acquired pursuant to this\nsection shall be administered and managed in a manner which (a) allows\npublic use and enjoyment in a manner compatible with the natural,\nscenic, historic and open space character of such lands; (b) preserves\nthe native biological diversity of such lands; (c) with regard to open\nspaces, limits improvements to enhancing access for passive use of such\nlands such as nature trails, boardwalks, bicycle paths, and peripheral\nparking areas provided that such improvements do not degrade the\necological value of the land or threaten essential wildlife habitat; and\n(d) preserves cultural property consistent with accepted standards for\nhistoric preservation. Notwithstanding any other provision of this\nsubdivision there shall be no right to public use and enjoyment of land\nused in conjunction with a farm operation as defined by subdivision\neleven of section three hundred one of the agriculture and markets law.\nIn furthering the purposes of this section, the town may enter into\nagreements with corporations organized under the not-for-profit\ncorporation law and engage in land trust activities to manage lands\nincluding less than fee interests acquired pursuant to the provisions of\nthis section, provided that any such agreement shall contain a provision\nthat such corporation shall keep the lands accessible to the public\nunless such corporation shall demonstrate to the satisfaction of the\ntown that public accessibility would be detrimental to the lands or any\nnatural resources associated therewith.\n  11. Rights or interests in real property acquired with monies from\nsuch fund shall not be sold, leased, exchanged, donated, or otherwise\ndisposed of or used for other than the purposes permitted by this\nsection without the express authority of an act of the state\nlegislature, which shall provide for the substitution of other lands of\nequal environmental value and fair market value and reasonably\nequivalent usefulness and location to those to be discontinued, sold or\ndisposed of, and such other requirements as shall be approved by the\nstate legislature. Any conservation easements, created under title three\nof article forty-nine of the environmental conservation law, which are\nacquired with monies from such fund may only be modified or extinguished\nas provided in section 49-0307 of such law. Nothing in this section\nshall preclude the town, by local law, from establishing additional\nrestrictions to the alienation of lands acquired pursuant to this\nsection. This subdivision shall not apply to the sale of development\nrights by the town acquired pursuant to this section, where said sale is\nmade by a central bank created by the town, pursuant to a transfer of\ndevelopment rights program established by the town pursuant to section\ntwo hundred sixty-one-a of this chapter, provided, however (a) that the\nlands from which said development rights were acquired shall remain\npreserved in perpetuity by a permanent conservation easement or other\ninstrument that similarly preserves the community character referenced\nin subdivision five of this section, and (b) the proceeds from such sale\nshall be deposited in the community preservation fund.\n  * NB There are 2 § 64-i's\n