2023 New York Laws › TWN - Town › Article 4 - Town Boards › 64-I*2 - Town of Fishkill Preservation Funds.

* §  64-i.  Town  of  Fishkill  preservation funds. 1. As used in this
section,  the  following  words  and  terms  shall  have  the  following
meanings:
(a) "Town" means the town of Fishkill.
(b)  "Community  preservation"  shall  mean  and  include  any  of the
purposes outlined in subdivision five of this section.
(c) "Board" means the advisory board required pursuant to  subdivision
six of this section.
(d)  "Fund"  means the community preservation fund created pursuant to
subdivision two of this section.
(e) "Tax" shall mean the real estate transfer tax imposed pursuant  to
section fourteen hundred thirty-nine-b of the tax law or, if the context
clearly  indicates,  shall  mean  the  real  estate transfer tax imposed
pursuant to article thirty-one of the tax law.
2. The town board of the town of Fishkill 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-A-two 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 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  ten  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.
4.  If  the implementation of the community preservation project plan,
adopted by the town board, as provided  in  subdivision  seven  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.
5. Preservation of community character shall involve one  or  more  of
the following:
(a) preservation of open space;
(b) establishment of parks, nature preserves, or recreation areas;
(c)  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;
(d) preservation of lands of exceptional scenic value;
(e) preservation of freshwater marshes or other wetlands;
(f) preservation of aquifer recharge areas;
(g) preservation of undeveloped beach-lands or shoreline;
(h)  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;
(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 purposes of this subdivision in furtherance
of the establishment of a greenbelt.
6.  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. Board members' terms shall be staggered.
7. 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 town clerk, 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 thirty-nine-b of the tax
law.  If  at  the  time  of  referendum, the town shall have in place an
adopted open space plan, such plan shall be deemed sufficient  to  waive
the  preservation  plan  requirements  of  this  subdivision. Any monies
expended  from  the  community  preservation  plan  shall,  however   be
consistent  with the purposes outlined in subdivisions three and five of
this section and with the open space plan for a  period  not  to  exceed
twelve months.
8.  The town board which has established a community preservation fund
pursuant to this section may 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.
9. 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  rights  or
interest  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 town.
10.  Rights  or  interest  in  real property 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.  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  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.
11. 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  state
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  in  section  49-0307  of such law. 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 five of this section, and (b) the proceeds from such sale
shall be deposited in the community preservation fund.
* NB There are 2 § 64-i's