2023 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.