2023 New York Laws › TWN - Town › Article 4 - Town Boards › 64-F - Town of Brookhaven Community Preservation Fund.

§  64-f. Town of Brookhaven community preservation fund. 1. As used in
this section, the following words and terms  shall  have  the  following
meanings:
(a) "Town" means the town of Brookhaven in the county of Suffolk.
(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 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  town  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-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.  The  town  shall  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,  and shall also include in such calculation of its incurred or
authorized  bonded  indebtedness,  the  incurred  or  authorized  bonded
indebtedness  dedicated for open space purposes of the county of Suffolk
within the town. The number of residents shall be determined by the 1990
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,  (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  the  management  and stewardship program, and (e) to make
payments to school, fire, fire protection  and  ambulance  districts  in
connection  with  lands  owned by the state or any municipal corporation
within the central pine barrens area as defined in  subdivision  ten  of
section 57-0107 of the environmental conservation law. 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 said 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 subdivision, 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 town shall apportion such annual payment  on  the
basis  of  the total tax levied by each district within the town for the
year such payment is made. Such payment made by the town shall  be  used
solely  to  reduce the property tax liability of the remaining taxpayers
of the district within said town. 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 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 pine barrens consisting of such
biota as pitch pine, and  scrub  oak;  (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 aforementioned in furtherance of the
establishment of a greenbelt.
5. The town board of  the  town  upon  establishment  of  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 town who shall  serve  without  compensation.  No
member  of  the  town  board 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  of  the  town  upon establishment of a community
preservation fund shall, by local law, adopt  a  community  preservation
project plan. This 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 the plan. The
plan shall establish the priorities for preservation, and shall  include

the  preservation  of  farmland  as its highest priority. Funds from the
community preservation fund shall only be expended  for  projects  which
have  been  included  in  said plan. Said 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 parks, recreation and
historic preservation. Said plan shall be completed at least sixty  days
before  the  submission  of the mandatory referendum required by section
one thousand four hundred forty-one of the tax law.
7. The town board of  the  town  upon  establishment  of  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  in  this  subdivision  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.