§ 6-S — Community preservation funds

§ 6-s. Community preservation funds. 1. As used in this section, the\nfollowing words and terms shall have the following meanings:\n (a) "Community preservation" shall mean and include any of the\npurposes outlined in subdivision four of this section.\n (b) "Board" means the advisory board required pursuant to subdivision\nfive of this section.\n (c) "Fund" means the community preservation fund created pursuant to\nsubdivision two of this section.\n (d) "Designated community" means any town or city within the Hudson\nValley counties of Putnam, Ulster, or Westchester.\n (e) "Tax" means the real estate transfer tax payable on a real\nproperty conveyance pursuant to section fifteen hundred sixty-one of the\ntax law, but shall have a different meaning if the context clearly\nindicates such as the real estate transfer tax imposed pursuant to\narticle thirty-one of the tax law.\n 2. The governing body of any designated community is authorized to\nestablish by local law a community preservation fund pursuant to the\nprovisions of this section. Deposits into the fund may include revenues\nof the local government from whatever source and shall include, at a\nminimum, all revenues from a tax imposed upon the transfer of real\nproperty interests in such designated community pursuant to article\nthirty-three-B of the tax law. The fund shall also be authorized to\naccept gifts of any such interests in land or of funds. Interest accrued\nby monies deposited into the fund shall be credited to the fund. In no\nevent shall monies deposited in the fund be transferred to any other\naccount. Nothing contained in this section shall be construed to prevent\nthe financing in whole or in part, pursuant to the local finance law, of\nany acquisition authorized pursuant to this section. Monies from the\nfund may be utilized to repay any indebtedness or obligations incurred\npursuant to the local finance law consistent with effectuating the\npurposes of this section.\n 3. The purposes of the fund shall be exclusively, (a) to implement a\nplan for the preservation of community character as required by this\nsection, (b) to acquire interests or rights in real property for the\npreservation of community character within the designated community\nincluding villages therein in accordance with such plan and in\ncooperation with willing sellers, (c) to establish a bank pursuant to a\ntransfer of development rights program consistent with section two\nhundred sixty-one-a of the town law and section twenty-f of the general\ncity law, (d) to provide a management and stewardship program for such\ninterests and rights consistent with subdivision nine of this section\nand in accordance with such plan designed to preserve community\ncharacter; provided that not more than ten percent of the fund shall be\nutilized for such management and stewardship program, and (e) to make\npayments to school, fire, fire protection and ambulance districts in\nconnection with lands within the designated community that are owned by\nthe state or any municipal corporation. Such payments may only be made\nto districts where more than twenty-five percent of the assessed value\nof such district is wholly exempt from real property taxation pursuant\nto the real property tax law because it is owned by the state or a\nmunicipal corporation. Not more than ten percent of the fund may be used\nfor such purpose in any calendar year. Such payments from the fund shall\nnot exceed the actual tax liability that would have been due if such\nlands of the state or of a municipal corporation had been subject to\nreal property taxation. Where more than one district is eligible for\nsuch a payment under this paragraph, and such payment is less than the\nactual tax liability that would have been due if such lands of the state\nor a municipal corporation had been subject to real property taxation,\nthe designated community shall apportion such annual payment on the\nbasis of the total tax levied by each district within the designated\ncommunity for the year such payment is made. Such payment made by the\ndesignated community shall be used solely to reduce the property tax\nliability of the remaining taxpayers of the district within such\ndesignated community. If the implementation of the community\npreservation project plan, adopted by a governing body, as provided in\nsubdivision six of this section, has been completed, and funds are no\nlonger needed for the purposes outlined in this subdivision, then any\nremaining monies in the fund shall be applied to reduce any bonded\nindebtedness or obligations incurred to effectuate the purposes of this\nsection.\n 4. Preservation of community character shall involve one or more of\nthe following: (a) establishment of parks, nature preserves, or\nrecreation areas; (b) preservation of open space; (c) preservation of\nlands of exceptional scenic value; (d) preservation of fresh and\nsaltwater marshes or other wetlands; (e) preservation of aquifer\nrecharge areas; (f) preservation of undeveloped beachlands or shoreline;\n(g) establishment of wildlife refuges for the purpose of maintaining\nnative animal species diversity, including the protection of habitat\nessential to the recovery of rare, threatened or endangered species; (h)\npreservation of unique or threatened ecological areas; (i) preservation\nof rivers and river areas in a natural, free-flowing condition; (j)\npreservation of forested land; (k) preservation of public access to\nlands for public use including stream rights and waterways; (l)\npreservation of historic places and properties listed on the New York\nstate register of historic places and/or protected under a municipal\nhistoric preservation ordinance or law; (m) undertaking any of the\nparagraphs of this subdivision in furtherance of the establishment of a\ngreenbelt; and (n) preservation of land which is predominantly viable\nagricultural land, as defined in subdivision seven of section three\nhundred one of the agriculture and markets law, or unique and\nirreplaceable agricultural land, as defined in subdivision six of\nsection three hundred one of the agriculture and markets law.\n 5. The governing body of any designated community which has\nestablished a community preservation fund shall create an advisory board\nto review and make recommendations on proposed acquisitions of interests\nin real property using monies from the fund. Such board shall consist of\nfive or seven legal residents of the municipality who shall serve\nwithout compensation. No member of the local legislative body shall\nserve on the board. A majority of the members of the board shall have\ndemonstrated experience with conservation or land preservation\nactivities. The municipal legislative body shall make a reasonable\neffort to appoint at least one active farmer to the board. In any county\nthat has a county agricultural and farmland protection board established\npursuant to section three hundred two of the agriculture and markets\nlaw, the municipal legislative body shall make a reasonable effort to\nappoint at least one member of the county agricultural and farmland\nprotection board to the advisory board. The terms of members of the\nboard first appointed shall be so fixed that the term of one member\nshall expire at the end of the municipal official year in which such\nmembers were initially appointed. The terms of the remaining members\nfirst appointed shall be so fixed that the term shall expire at the end\nof each official year thereafter. At the expiration of the term of each\nmember first appointed, his or her successor shall be appointed for a\nterm which shall be equal in years to the number of members of the\nadvisory board. The board shall act in an advisory capacity to the\ngoverning body.\n 6. The governing body of any designated community which has\nestablished a community preservation fund shall, by local law, adopt a\ncommunity preservation project plan. This plan shall list every project\nwhich the designated community plans to undertake pursuant to the\ncommunity preservation fund. It shall include every parcel which is\nnecessary to be acquired in the designated community in order to protect\ncommunity character. Such plan shall provide for a detailed evaluation\nof all available land use alternatives to protect community character,\nincluding but not limited to: (a) fee simple acquisition, (b) zoning\nregulations, including density reductions, cluster development, and site\nplan and design requirements, (c) transfer of development rights, (d)\nthe purchase of development rights, and (e) scenic and conservation\neasements. Such evaluation shall be as specific as practicable as to\neach parcel selected for inclusion in the plan. The plan shall establish\nthe priorities for preservation. Funds from the community preservation\nfund may only be expended for projects which have been included in said\nplan. Such plan shall be updated not less than once every five years. A\ncopy of the plan shall be filed with the commissioner of environmental\nconservation, the commissioner of agriculture and markets and the\ncommissioner of the office of parks, recreation and historic\npreservation. Such plan shall be completed at least sixty days before\nthe submission of the mandatory referendum required by section fifteen\nhundred sixty-one of the tax law and shall be made available for public\nreview at the designated community clerk's office, at any public\nlibraries within the designated community, and where practical posted on\nthe municipality's website.\n 7. The governing body of any designated community which has\nestablished a community preservation fund pursuant to this section shall\nstudy and consider establishing a transfer of development rights program\nto protect community character as provided for by section two hundred\nsixty-one-a of the town law. All provisions of such section two hundred\nsixty-one-a shall be complied with. If at any time during the life of\nthe community preservation fund a transfer of development rights program\nis established, the designated community may utilize monies from the\ncommunity preservation fund in order to create and fund a central bank\nof the transfer of development rights program. If at any time during the\nlife of the community preservation fund, a transfer of development\nrights program is repealed by the designated community, all monies from\nthe central bank shall be returned to the community preservation fund.\n 8. No interests or rights in real property shall be acquired pursuant\nto this section until a public hearing is held as required by section\ntwo hundred forty-seven of this chapter; provided, however, that nothing\nin this section shall prevent the governing body from entering into a\nconditional purchase agreement before a public hearing is held. Any\nresolution of a governing body approving an acquisition of interests or\nrights in real property pursuant to this section, shall find that\nacquisition was the best alternative for the protection of community\ncharacter of all the reasonable alternatives available to the designated\ncommunity.\n 9. Rights or interests acquired pursuant to this section shall be\nadministered and managed in a manner which (a) allows public use and\nenjoyment in a manner compatible with the natural, scenic, historic and\nopen space character of such lands; (b) preserves the native biological\ndiversity of such lands; (c) with regard to open spaces, limits\nimprovements to enhancing access for passive use of such lands such as\nnature trails, boardwalks, bicycle paths, hiking trails, snowshoe\ntrails, cross country ski trails, and peripheral parking areas provided\nthat such improvements do not degrade the ecological value of the land\nor threaten essential wildlife habitat; and (d) preserves cultural\nproperty consistent with accepted standards for historic preservation.\nIn furthering the purposes of this section, the designated community may\nenter into agreements with corporations organized under the\nnot-for-profit corporation law and engage in land trust activities to\nmanage lands including less than fee interests acquired pursuant to the\nprovisions of this section, provided that any such agreement shall\ncontain a provision that such corporation shall keep the lands\naccessible to the public unless such corporation shall demonstrate to\nthe satisfaction of the designated community that public accessibility\nwould be detrimental to the lands or any natural resources associated\ntherewith.\n 10. Rights or interests in real property acquired with monies from\nsuch fund shall not be sold, leased, exchanged, donated, or otherwise\ndisposed of or used for other than the purposes permitted by this\nsection without the express authority of an act of the legislature,\nwhich shall provide for the substitution of other lands of equal\nenvironmental value and fair market value and reasonably equivalent\nusefulness and location to those to be discontinued, sold or disposed\nof, and such other requirements as shall be approved by the state\nlegislature. Any conservation easements created under title three of\narticle forty-nine of the environmental conservation law, which are\nacquired with monies from such fund, may only be modified or\nextinguished as provided by section 49-0307 of the environmental\nconservation law. Nothing in this section shall preclude a designated\ncommunity, by local law, from establishing additional restrictions to\nthe alienation of lands acquired pursuant to this section. This\nsubdivision shall not apply to the sale of development rights by a\ndesignated community acquired pursuant to this section, where such sale\nis made by a development rights bank created by a designated community,\npursuant to a transfer of development rights program established by a\ndesignated community pursuant to section two hundred sixty-one-a of the\ntown law, provided, however (a) that the lands from which said\ndevelopment rights were acquired shall remain preserved in perpetuity by\na permanent conservation easement or other instrument that similarly\npreserves the community character referenced in subdivision four of this\nsection, and (b) the proceeds from such sale shall be deposited in the\ncommunity preservation fund. Notwithstanding any other provision of this\nsubdivision, there shall be no right to public use and enjoyment of land\nused in conjunction with a farm operation as defined by subdivision\neleven of section three hundred one of the agriculture and markets law.\nIn furthering the purposes of this section, the municipality may enter\ninto agreements with corporations organized under the not-for-profit\ncorporation law that engage in land trust activities to manage lands\nincluding less than fee interests acquired pursuant to the provisions of\nthis section, provided that any such agreement shall contain a provision\nthat such corporation shall keep and manage the lands consistent with\nthis section.\n