2023 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.