NY Town L § 64-I-2 (2021)
2021 New York Laws TWN - Town Article 4 - Town Boards 64-I*2 - Town of Fishkill Preservation Funds.

* §  64-i.  Town  of  Fishkill  preservation funds. 1. As used in this section,  the  following  words  and  terms  shall  have  the  following meanings:  (a) "Town" means the town of Fishkill.  (b)  "Community  preservation"  shall  mean  and  include  any  of the purposes outlined in subdivision five of this section.  (c) "Board" means the advisory board required pursuant to  subdivision six of this section.  (d)  "Fund"  means the community preservation fund created pursuant to subdivision two of this section.  (e) "Tax" shall mean the real estate transfer tax imposed pursuant  to section fourteen hundred thirty-nine-b of the tax law or, if the context clearly  indicates,  shall  mean  the  real  estate transfer tax imposed pursuant to article thirty-one of the tax law.   2. The town board of the town of Fishkill is authorized  to  establish by local law a community preservation fund pursuant to the provisions of this  section.  Deposits into the fund may include revenues of the local government from whatever source and shall include,  at  a  minimum,  all revenues from a tax imposed upon the transfer of real property interests in  such  town  pursuant to article thirty-one-A-two of the tax law. The fund shall also be authorized to accept gifts of any such  interests  in land  or  of  funds.  Interest accrued by monies deposited into the fund shall be credited to the fund. In no event shall monies deposited in the fund be transferred to any other  account.  Nothing  contained  in  this section shall be construed to prevent the financing in whole or in part, pursuant  to  the  local  finance  law,  of  any  acquisition authorized pursuant to this section. Monies from the fund may be utilized to  repay any  indebtedness  or obligations incurred pursuant to the local finance law consistent with effectuating the purposes of this section.   3. The purposes of the fund shall be exclusively: (a) to  implement  a plan  for  the  preservation  of community character as required by this section, (b) to acquire interests or rights in  real  property  for  the preservation  of  community character within the town including villages therein in accordance with such plan and  in  cooperation  with  willing sellers,  (c)  to establish a bank pursuant to a transfer of development rights program consistent with section two hundred sixty-one-a  of  this chapter,  and  (d)  to  provide a management and stewardship program for such interests and  rights  consistent  with  subdivision  ten  of  this section  and in accordance with such plan designed to preserve community character. Not more than ten percent of the fund shall be  utilized  for the management and stewardship program.   4.  If  the implementation of the community preservation project plan, adopted by the town board, as provided  in  subdivision  seven  of  this section,  has  been  completed,  and  funds are no longer needed for the purposes outlined in this subdivision, then any remaining monies in  the fund  shall  be applied to reduce any bonded indebtedness or obligations incurred to effectuate the purposes of this section.   5. Preservation of community character shall involve one  or  more  of the following:  (a) preservation of open space;  (b) establishment of parks, nature preserves, or recreation areas;  (c)  preservation  of  land which is predominantly viable agricultural land, as defined in subdivision seven of section three  hundred  one  of the   agriculture   and   markets   law,  or  unique  and  irreplaceable agricultural land, as  defined  in  subdivision  six  of  section  three hundred one of the agriculture and markets law;  (d) preservation of lands of exceptional scenic value;  (e) preservation of freshwater marshes or other wetlands;  (f) preservation of aquifer recharge areas;  (g) preservation of undeveloped beach-lands or shoreline;  (h)  establishment  of wildlife refuges for the purpose of maintaining native animal species diversity, including  the  protection  of  habitat essential to the recovery of rare, threatened or endangered species;  (i) preservation of unique or threatened ecological areas;  (j)  preservation of rivers and river areas in a natural, free-flowing condition;  (k) preservation of forested land;  (l) preservation of public access to lands for  public  use  including stream rights and waterways;  (m)  preservation  of historic places and properties listed on the New York  state  register  of  historic  places  and/or  protected  under  a municipal historic preservation ordinance or law; and  (n) undertaking any of the purposes of this subdivision in furtherance of the establishment of a greenbelt.   6.  The town board which has established a community preservation fund shall create an advisory board to review  and  make  recommendations  on proposed  acquisitions  of  interests in real property using monies from the fund. Such board shall consist of five or seven legal  residents  of the  municipality who shall serve without compensation. No member of the local legislative body shall serve on  the  board.  A  majority  of  the members   of   the   board   shall  have  demonstrated  experience  with conservation or land preservation activities. The board shall act in  an advisory  capacity  to  the town board. At least one member of the board shall be an active farmer. Board members' terms shall be staggered.   7. The town board which has established a community preservation  fund shall,  by  local law, adopt a community preservation project plan. Such plan shall list every project which the town plans to undertake pursuant to the community preservation fund. It shall include every parcel  which is  necessary  to  be acquired in the town in order to protect community character. Such plan shall provide for  a  detailed  evaluation  of  all available   land   use  alternatives  to  protect  community  character, including but not limited to: (a) fee  simple  acquisition,  (b)  zoning regulations, including density reductions, cluster development, and site plan  and  design  requirements, (c) transfer of development rights, (d) the purchase of development rights,  and  (e)  scenic  and  conservation easements.  Said  evaluation  shall  be as specific as practicable as to each parcel selected  for  inclusion  in  such  plan.  Such  plan  shall establish  the  priorities  for  preservation,  and  shall  include  the preservation of  farmland  as  its  highest  priority.  Funds  from  the community preservation fund may only be expended for projects which have been  included  in  such  plan. Such plan shall be updated not less than once every five years, but in no event until at least three years  after the  adoption  of  the original plan. A copy of such plan shall be filed with the town clerk, the commissioner of environmental conservation, the commissioner of agriculture and markets  and  the  commissioner  of  the office  of  parks, recreation and historic preservation. Such plan shall be completed at least sixty days before the submission of the  mandatory referendum required by section fourteen hundred thirty-nine-b of the tax law.  If  at  the  time  of  referendum, the town shall have in place an adopted open space plan, such plan shall be deemed sufficient  to  waive the  preservation  plan  requirements  of  this  subdivision. Any monies expended  from  the  community  preservation  plan  shall,  however   be consistent  with the purposes outlined in subdivisions three and five of this section and with the open space plan for a  period  not  to  exceed twelve months.    8.  The town board which has established a community preservation fund pursuant to this section may study and consider establishing a  transfer of development rights program to protect community character as provided for  by  section two hundred sixty-one-a of this chapter. All provisions of  such  section  two hundred sixty-one-a shall be complied with. If at any time during the life of the community preservation fund  a  transfer of  development  rights  program  is  established,  the town may utilize monies from the community preservation fund in order to create and  fund a  central bank of the transfer of development rights program. If at any time during the life of the community preservation fund, a  transfer  of development  rights program is repealed by the town, all monies from the central bank shall be returned to the community preservation fund.   9. No interests or rights in real property shall be acquired  pursuant to  this  section  until a public hearing is held as required by section two hundred forty-seven of the general municipal law; provided, however, that nothing herein shall prevent the town board from  entering  into  a conditional  purchase  agreement  before  a  public hearing is held. Any resolution of the town board  approving  an  acquisition  of  rights  or interest  in  real  property  pursuant  to this section, shall find that acquisition was the best alternative for  the  protection  of  community character of all the reasonable alternatives available to the town.   10.  Rights  or  interest  in  real property acquired pursuant to this section shall be administered and managed in a manner which  (a)  allows public  use  and  enjoyment  in  a  manner  compatible with the natural, scenic, historic and open space character of such lands;  (b)  preserves the  native  biological diversity of such lands; (c) 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 (d)  preserves  cultural property consistent with accepted standards for historic preservation.  Notwithstanding  any  other  provision  of  this subdivision  there shall be no right to public use and enjoyment of land used in conjunction with a farm  operation  as  defined  by  subdivision eleven  of section three hundred one of the agriculture and markets law. In furthering the purposes of this section,  the  town  may  enter  into agreements   with   corporations   organized  under  the  not-for-profit corporation law and engage in land  trust  activities  to  manage  lands including less than fee interests acquired pursuant to the provisions of this section, provided that 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 resources associated therewith.   11. Rights or interests in real property  acquired  with  monies  from such  fund  shall  not be sold, leased, exchanged, donated, or otherwise disposed of or used for  other  than  the  purposes  permitted  by  this section   without   the  express  authority  of  an  act  of  the  state legislature, which shall provide for the substitution of other lands  of equal   environmental   value  and  fair  market  value  and  reasonably equivalent usefulness and location to those to be discontinued, sold  or disposed  of,  and  such  other requirements as shall be approved by the state legislature. Any conservation easements, created under title three of article forty-nine of the environmental conservation law,  which  are acquired with monies from such fund may only be modified or extinguished as  provided  in  section  49-0307  of such law. Nothing in this section shall preclude the town, by  local  law,  from  establishing  additional restrictions  to  the  alienation  of  lands  acquired  pursuant to this  section. This subdivision shall not apply to  the  sale  of  development rights by the town acquired pursuant to this section, where said sale is made  by  a  central bank created by the town, pursuant to a transfer of development  rights  program established by the town pursuant to section two hundred sixty-one-a of this chapter, provided, however (a) that  the lands  from  which  said  development  rights were acquired shall remain preserved in perpetuity by a permanent conservation  easement  or  other instrument  that  similarly preserves the community character referenced in subdivision five of this section, and (b) the proceeds from such sale shall be deposited in the community preservation fund.   * NB There are 2 § 64-i's