NY Town L § 64-G (2021)
2021 New York Laws TWN - Town Article 4 - Town Boards 64-G - Town of Warwick Preservation Funds.

§  64-g.  Town  of  Warwick  preservation  funds.  1.  As used in this section,  the  following  words  and  terms  shall  have  the  following meanings:  (a) "Town" means the town of Warwick.  (b)  "Community  preservation"  shall  mean  and  include  any  of the purposes outlined in subdivision four of this section.  (c) "Board" means the advisory board required pursuant to  subdivision five of this section.  (d)  "Fund"  means the community preservation fund created pursuant to subdivision two of this section.   2. The town board of the town of Warwick 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-F 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. The town of Warwick may only adopt the local law authorized by  this  subdivision if  it  has  incurred  or  authorized bonded indebtedness since nineteen hundred eighty for open space purposes equal  to  or  greater  than  two hundred  dollars  per  town  resident.  The number of residents shall be determined by the 2000 U.S. Census. Said local law shall make a  finding that  the  town  has complied with the per resident financial commitment requirement of this subdivision.   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  nine  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. If the implementation of the community preservation project plan,  adopted  by  the  town  board,  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, including agricultural lands; (c) preservation  of  lands  of  exceptional  scenic  value;  (d) preservation  of aquifer recharge areas; (e) preservation of undeveloped beachlands or shoreline; (f) 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; (g) preservation of unique or threatened ecological areas; (h)  preservation  of  rivers  and  river  areas  in  a  natural, free-flowing   condition;   (i)   preservation  of  forested  land;  (j) preservation  of  public access to lands for public use including stream rights and waterways; (k) 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 (l)  undertaking  any  of  the  aforementioned  in  furtherance  of  the establishment of a greenbelt.   5.  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.   6. 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 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 forty-nine-bbbb of the tax law.   7.  The town board 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 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.   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 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 land 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.   9. Lands 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.   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.   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 legislature. 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 four of this section, and (b) the proceeds from such sale shall  be  deposited  in  the  community preservation fund.