NY Gen Mun L § 6-S (2021)
2021 New York Laws GMU - General Municipal Article 2 - General Municipal Finances 6-S - Community Preservation Funds.

§  6-s.  Community preservation funds. 1. As used in this section, the following words and terms shall have the following meanings:  (a) "Community  preservation"  shall  mean  and  include  any  of  the purposes outlined in subdivision four of this section.  (b)  "Board" means the advisory board required pursuant to subdivision five of this section.  (c) "Fund" means the community preservation fund created  pursuant  to subdivision two of this section.  (d)  "Designated  community"  means any town or city within the Hudson Valley counties of Putnam, Ulster, or Westchester.  (e) "Tax" means the  real  estate  transfer  tax  payable  on  a  real property conveyance pursuant to section fifteen hundred sixty-one of the tax  law,  but  shall  have  a  different meaning if the context clearly indicates such as the real  estate  transfer  tax  imposed  pursuant  to article thirty-one of the tax law.   2.  The  governing  body  of any designated community 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  designated  community  pursuant  to  article thirty-three-B  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  designated  community 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 the town law and section twenty-f of the  general city  law,  (d) to provide a management and stewardship program for such interests and rights consistent with subdivision nine  of  this  section and  in  accordance  with  such  plan  designed  to  preserve  community character; provided that not more than ten percent of the fund shall  be utilized  for  such  management and stewardship program, and (e) to make payments to school, fire, fire protection  and  ambulance  districts  in connection  with lands within the designated community that are owned by the state or any municipal corporation. Such payments may only  be  made to  districts  where more than twenty-five percent of the assessed value of such district is wholly exempt from real property  taxation  pursuant to  the  real  property  tax  law  because it is owned by the state or a municipal corporation. Not more than ten percent of the fund may be used for such purpose in any calendar year. Such payments from the fund shall not exceed the actual tax liability that would have  been  due  if  such lands  of  the  state  or of a municipal corporation had been subject to real property taxation. Where more than one  district  is  eligible  for such  a  payment under this paragraph, and such payment is less than the actual tax liability that would have been due if such lands of the state or a municipal corporation had been subject to real  property  taxation,  the  designated  community  shall  apportion  such annual payment on the basis of the total tax levied by each  district  within  the  designated community  for  the  year such payment is made. Such payment made by the designated  community  shall  be  used solely to reduce the property tax liability of  the  remaining  taxpayers  of  the  district  within  such designated   community.   If   the   implementation   of  the  community preservation project plan, adopted by a governing body, as  provided  in subdivision  six  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.   4.  Preservation  of  community character shall involve one or more of the  following:  (a)  establishment  of  parks,  nature  preserves,   or recreation  areas;  (b)  preservation of open space; (c) preservation of lands of  exceptional  scenic  value;  (d)  preservation  of  fresh  and saltwater  marshes  or  other  wetlands;  (e)  preservation  of  aquifer recharge areas; (f) preservation of undeveloped beachlands or shoreline; (g) 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; (h) preservation of unique or threatened ecological areas; (i)  preservation of  rivers  and  river  areas  in a natural, free-flowing condition; (j) preservation of forested land; (k)  preservation  of  public  access  to lands  for  public  use  including  stream  rights  and  waterways;  (l) 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;  (m)  undertaking  any  of  the paragraphs  of this subdivision in furtherance of the establishment of a greenbelt; and (n) 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.   5.  The  governing  body  of  any  designated  community   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  municipal  legislative  body  shall  make a reasonable effort to appoint at least one active farmer to the board. In any county that has a county agricultural and farmland protection board established pursuant to section three hundred two of  the  agriculture  and  markets law,  the  municipal  legislative body shall make a reasonable effort to appoint at least one member of  the  county  agricultural  and  farmland protection  board  to  the  advisory  board. The terms of members of the board first appointed shall be so fixed that  the  term  of  one  member shall  expire  at  the  end of the municipal official year in which such members were initially appointed. The terms  of  the  remaining  members first  appointed shall be so fixed that the term shall expire at the end of each official year thereafter. At the expiration of the term of  each member  first  appointed,  his or her successor shall be appointed for a term which shall be equal in years to  the  number  of  members  of  the advisory  board.    The  board  shall act in an advisory capacity to the governing body.    6.  The  governing  body  of  any  designated  community   which   has established  a  community preservation fund shall, by local law, adopt a community preservation project plan. This plan shall list every  project which  the  designated  community  plans  to  undertake  pursuant to the community  preservation  fund.  It  shall  include every parcel which is necessary to be acquired in the designated community 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.  Such  evaluation  shall  be as specific as practicable as to each parcel selected for inclusion in the plan. The plan shall establish the priorities for preservation. Funds from the  community  preservation fund  may only be expended for projects which have been included in said plan. Such plan shall be updated not less than once every five years.  A copy  of  the plan shall be filed with 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 fifteen hundred sixty-one of the tax law and shall be made available for  public review  at  the  designated  community  clerk's  office,  at  any public libraries within the designated community, and where practical posted on the municipality's website.   7.  The  governing  body  of  any  designated  community   which   has established a community preservation fund pursuant to this section shall 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 the town law. 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 designated community 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 designated community, all monies from the central bank shall be returned to the community preservation fund.   8. 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 this chapter; provided, however, that nothing in this section shall prevent the governing body from  entering  into  a conditional  purchase  agreement  before  a  public hearing is held. Any resolution of a governing body approving an acquisition of interests  or rights  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 designated community.   9.  Rights  or  interests  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,  hiking  trails,  snowshoe trails, cross country ski trails, 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. In furthering the purposes of this section, the designated community 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 designated community that public accessibility would be detrimental to the lands or any  natural  resources  associated therewith.   10.  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  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  by  section  49-0307  of  the  environmental conservation  law.  Nothing  in this section shall preclude a designated community, 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  a designated  community acquired pursuant to this section, where such sale is made by a development rights bank created by a designated  community, pursuant  to  a  transfer of development rights program established by a designated community pursuant to section two hundred sixty-one-a of  the town  law,  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 four of this section,  and  (b) the proceeds from such sale shall be deposited in the community preservation fund. 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 municipality  may  enter into  agreements  with  corporations  organized under the not-for-profit corporation law that 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 and manage the lands consistent with this section.