HomeMy WebLinkAboutLand Preservation Bank JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETINC HELD ON MARCH 8, 1988:
RESOLVED that pursuant to Article IX of the Constitution, the Town Board
of the Town of Southold hereby requests the enactment of Senate bill No.
S.3058-A, entitled "AN ACT establishing the Southold land preservation
bank to preserve, acquire, hold and manage certain real property in the
town of Southold, county of Suffolk and providing for the repeal of certain
provisions upon expiration thereof." It is hereby declared that a necessity
exists for the enactment of such legislation, and that the Town Board does
not have the power to enact such legislation by local law.
Southold Town Clerk
March 11, 1988
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 8, 1988:
RESOLVED that pursuant to Article IX of the Constitution, the Town Board
of the Town of Southold hereby requests the enactment of Assembly bill
No. A.q042-A, entitled "AN ACT establishing the Southold land preservation
bank to preserve, acquire, hold and manage certain real property in the
town of Southold, county of Suffolk and providing for the repeal of certain
provisions upon expiration thereof." It is hereby declared that a necessity
exists for the enactment of such legislation and that the Town Board does
not have the power to enact such legislation by local law.
Southold To~n Clerk~
March 11, 1988
IMPnRTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution, the .................... ~ .......................... 2 ...... of . ~ . } '" '
~ bill(No, A,.,~042~-A.___.),
..S3~4_.J~hQ~d ........................ (.a.~) ?k ~ ............. ;. _..~..._ requests the enactment of Assembly
entitled" AN /~ esfablishi_ncj the Soathold land preservation bank tz~ preserve,
acx~ire, hold and manage ~ x~l propez-°cy in the f.o~a of 8outhold, cxxmty
of SuffoLk and providin9 for the repeal of ~ provisions upon e. xpixation
It is hereby declared that a necessity' exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
[~The local government doeS"not have the power to enact such legislation by local law.
[] Other facts, as set forth in the following "Explanation" establish such necessity.
is not sufficient, use separate sheet and attach here)"'
Such request is made by: (Check appropriate box)
[] The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body, (See paragraph A below)
[] The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below) ,.~
READ BEFORE SIGNING ./:.'.
A. If the request is made by the chief executive officer and concurred in by a majority of the ~otal mem-
bership of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative I~ody, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed) ....................................................................
(chief executive officer)
Date:
CLERK'S CERTIFICATION
I .......... _Jori_ i.t_h_T_.___Ter_ry. ....................... do hereby certify that I am Clerk of the ...................................
................... T_O w B__BO~aE_cl ............................................ of the ......... _T_Q~ 12
of .................. Sauthold ............................ and that on the .-Sth ..... day of ____March
two-thirds
1988 .... such legislative b, ody, at leasta:~i~''1~''~ of the total membership having voted in favor thereof,
approved ~e foregoing request. Cstrikcoutonc)
INSTRUCTIONS
Copies required:
Two signed copies of this form. specifying the final bill number and title must be filed with each House
of the Legislature,
Examples:
· ' ' (a) ~If the bill has been introduced in only one House of the Legislature, four copies of the request
form must be filed, i.e., two with the Senate and two with the ~sscmbly
...... · ..~ · .,·.· ~: .... ,~:.,· i·~,,. . · ..;.·~ ~': q. · -
' ·-~-~'~ '(b). If. the. ider/tieal,,bill.'h~i§ .... be~h'introduced in I~oth Housesl ~}~i ~:Spi~s~ oj the ~equest form must
" ,, . : . be filed, Lc., two.with the Senate a,nd two with the ,'~ssembl.y for .the'Senate bill 0nd the.
" for the Assembly bill.
Date of request:
The signing of a home rule request or the adoption of a resolution by thc local legislative body approv-~,
lng such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case
of prefiled bills, the actual date of introduction is the first day of the legislative session. The request may be
signed or the resointion adopted the same day as the date of introduction.
Amended bills:
Each time the bill is amended a new request must be filed (with the appropriate number of copies) and the
new request must correctly identify the bill number as last amended· The signing of the request, and thedate of ' ' : ' :'~ ·
the supporting resolution, cannot precede the date of the amendment. '
Transmittal:
The signed ~orms should be sent as follows:
To the Senate:
Home Rule Counsel
Senate Post Office
The Capitol
Albany, N. Y. 12224
To the Assembly:
Home Rule Counsel
Assembly Post Office
The Capitol
Albany, N. Y. 12224
Definition of terms: ;~
Chic! executive officer.
In the case of a county, the elective or appointive chief executive officer, if there be one, or otherwise the
chairman of the board of superv:sors; in the case of a city or village, the mayor (not manager); and in
the case of a town. the supervisor. (Municipal Home Rule Law §40)
Local legislative body.
The board of supervisors, board of aldermen, common council, council, commission, town board, board
of trustees or other elective governing board or body vested by state statute, charter or other law with
lurisdiction to initiate and adopt local laws or ordinances· (Municipal Home Rule Law .§2).
Local government.
A county, city, town or village (Const. Art. IX, §3; Municipal Home Rule Law §2)
Special law
A state statute which in terms and in effect applies to one or more, but not all. counties (other than those
wholly included within a city) cities, towns or villages. (Const. Art. IX §3; Municipal Home Rule Law §2)
· Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law, §§20, 40)
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution. the ................................. ~ .................................. of
(county, city, town or village)
Senate
80~l~O].~1 ........................................... fna,.c~ requests the enactment oft~l~l~~ bill(No.._$_..305.8wg.__ ),
entitled" jx. hI AUi? es'gabli,~'lLncj the Southold land preservation bank t.o preserve,
acxtuire, hold and manage ce..rtaJ, n real property J~ the t. ox~ of Southold, cxxmL--y
of Suffolk and provicl5~ for the repeal of ce. rtaJ.n provisions upon expLration
tho_roof
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: rCheck appropriate box)
[~ The local government does not have the power to enact such legislation by local law.
[] Other facts, as set forth in the following "Explanation" establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
[] The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
[] The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B belowl
READ BEFORE SIGNING
A If the request is made by the chief executive officer and concurred in by a majority of the total mem-
bership of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
CtlIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed) .....................................
(chief executive officer)
Date:
(Print or type name below signature)
(Title of chief executive officer)
CLERK'S CERTIFICATION
I, .. Judith_T.._ 'l'el'r¥ .............. , do hereby certify that I am Clerk of the .........................
........... To.Wn Board ........... of the ..................... Too, vn .......................
of ......... $outhold .............................. and that on the .....
(name)
19 88 ... , such legislative body, at leastatw°-thirds of the total membership having voted in favor thereof,
approved tb~ f6regoing request.
Date: ............. March_: q .......... 19_88,_
(strike out one )
..... ,l_udith T.._ Terry ..............
INSTRUCTIONS
Copies required:
Two signed copies of this form, specifying the final bill number and title must be filed with each House
of the Legislature.
Examples:
"(a)' If the bill has been introduced in only one House of the Legislature, four copies of the request ... form must be filed,.Le., two with the Senat. e a~d. two-w th [he A~embly. _
~b) If th~: Identical bill h~ts b~e'n i~troduced in both Houses. 6ight copies of the request form mu~t
· "" ' be filed,' [e.i t'~vo'with.the ~enaie and two 'with th~ A~s~mbly fo/' t~e-'S6nht~ bill and ih~ same:"!':,
for the Assembly bill. ' :' >~':' :":~)'
Date of request:
The signing of a home rule request or the ailoption of a resolution by the local legislative body appruv-
lng such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case
of pmfficd bills, thc actual date of intreduction is the first day of the legislative session. The request may be
signed or the resolution adopted the same day as the date of introduction.
Amended bills:
Each time the bill is amended a new request must be filed (with thc appropriate number of copies) and the
new request must correctly identify the bill number as last amended. The signing of the request, and the date of
the supporting resolufion, cannot precede the date of the amendment.
Transmittal:
The signed forms should be sent as follows:
To the Senate:
Home Rule Counsel
Senate Post Office
The Capitol
Albany, N. Y. 12224
To the Assembly:
Home Rule Counsel
Assembly Post Office
The Capitol
Albany. N. Y. 12224
Definition of terms:
Chic! executive officer.
In the ease of a county, the elective or appointive chief executive officer, if them be one, or otherwise the
chairman of the board of supervisors; in the case of a city or village, the mayor (not manager); and m
the case of a town. the supervisor. (Municipal Home Rule Law §40)
Local legislative body.
The board of supervisors, board of aldermen, common council, council, commission, town board, board
of trustees or other elective governing board or body vested by state statute, charter or other law with
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2)
Local government·
A county, city, town or village (Const. Art. IX, §3; Municipal Home Rule Law §2)
Special law
A state statute which in terms and in effect applies to one or more, but not all. counties (other than those
wholly included within a city) cities, towns or villages. (Const. Art. IX §3; Municipal Home Rule Law §2)
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law, §§2'fl. 40)
KENNETH P, LAVALLE
isT DISTRICT
CHAIRMAN
COMMITTee ON HIGHER eDUCATION
THE SENATE
STATE OF NEW YORK
February 4, 1988
RECEIVED
FEB 8 988
Mrs. Judith T. Terry
Town Clerk, Town of Southold
Town Hall
53095 Main Road
Southold, New York 11971
Dear Judy:
Constitutional provisions mandate that certain bills require
a Home Rule Request before the Legislature can act upon them.
Senate Bill S.3058-A (A.4042-A) is such a bill.
We respectfully request that your office complete the
enclosed forms and return them to the Home Rule Counsel's Office,
the State Capitol, Albany, New York. (Please see reverse side of
Home Rule Request forms for more specific instructions.)
Thank you for your prompt attention to this request.
Sincerely yours,
~enne~%h P. LaValle
Encs.
STATE OF NEW YORK
S. 3osB--A A. 4042--A
1987-1988 Regular Sessions
SENATE - ASSEMBLY
March 2, 1987
iN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered
printed, and when printed to be committed to the Committee on Local
Government -- committee discharged and said bill committed to the Com-
mittee on Rules -- committee discharged, bill amended, ordered re-
printed as emended and recommltted to said committee
IN ASSEMBLY -- Introduced by M. of A. SAWICKI -- read once and referred
to the Committee on Local Governments -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended, or-
dered reprinted as amended and recornmitted to said committee
AN ACT establishing the Southold land preservation bank to preserve, ac-
quire, hold and manage certain real property in the town of Southold,
county of Suffolk and providing for the repeal of certain provisions
upon expiration thereof
The People of the State of New York~ represented in Senate and Assem-
bly~ do enact as follows:
Section 1. Legislative findings and intent. The legislature finds
2 that the protection and preservation of open space and significant nat-
3 ural areas is a public purpose that greatly enriches the lives of the
4 people of the state. It is further found that conservation techniques
$ like the creation of land banks, permit local governments to carry out
such protections. Therefore, this act is intended to enable the town of
7 Southold, Suffolk county in addition to the other po~eers it now or
8 hereinafter may have to protect and preserve its open space and natural
9 area resources through a land preservation bank, financed by a fee
10 levied on the transfer of real property within the town~
11 S 2. As used in this act, the following words and terms shall have the
12 following meanings:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LB004590-03-7
S. 3058--A 2 A.
1 (al "Fund" shall mean the Southold land preservation bank fund esta~
2 blished pursuant to section nine of this act.
3 (bi "Land bank" shall mean the Southold land preservation bank esta-
4 blished pursuant to section three of this act.
5 (c) "Purchaser" shalt mean the transferee, grantee or recipient of any
6 real property interest.
7 (d) "Purchase price" shall mean all consideration paid or transferred
8 by or on behalf of a purchaser to a seller or his nominee, or for his
· 9 benefit, for the transfer of any real property interest, and shall
10 clude, but not be limited to, all cash or its equivalent so paid or
11 transferred; all cash or other property paid or transferred by or on
12 behalf of the purchaser to discharge or reduce any obligation of the
13 seller; the principal amount of all notes or their equivalent, or other
la deferred payments, given or promised to be given by or on behalf of the
15 purchaser to the seller or his nominee; the outstanding balance of all
16 obligatlons of the seller which are assumed by the purchaser or to which
17 the real property interest transferred remains subject after the trans-
18 fer, determined at the time of transfer, but excluding real estate taxes
19 and other municipal liens or assessments which are not overdue at the
20 time of transfer; and the fair market value, at the time of transfer, of
21 any other consideration or thing of value paid or transferred by or on
22 behalf of the purchaser, including, but not limited to, any property,
23 goods or services paid, transferred or rendered in exchange for such
24 real property interest.
25 (el "Rea] property interest" shall mean every estate or right, legal
26 or equitable, present or future, vested or contingent, in lands, tene-
27 merits or heredltaments, which are located in whole'or in part within the
28 town of Southold. It shall not include a mortgage, a release of mortgage
29 or a leasehold for a stated term of years or part of a year. It shall
30 not include rights to sepulture.
31 (fl "Seller" shall mean the transferor, grantor or immediate former
32 owner of any real property interests.
33 (gl "Time of transfer" of any real property interest shall mean, the
3a time at which such transfer is legally effective as between the parties
35 thereto, and, in any event, wlth respect to a transfer evidenced by an
36 instrument recorded with the Suffolk county clerk, not later than the
37 time of such recording or filing.
38 (hi "Town" shall mean the town of Southold in the county of Suffolk.
39 S 3. The town board of the town of Southold in the county of Suffolk,
mO may establlsh a land preservation bank, to be administered by the town
Al b~ard for the purpose of acquiring, holding and managing land and in-
42 terests in land of the types set forth in section six of this act upon
43 the adoption of a local law to that effect.
44 S 4. The land pres'ervation bank shall be administered by the town
A5 board of the town of Southold who may adopt reasonable rulea and regula~
a6 lions for the conduct of its affairs and the management of the holdings
47 of the Southold land preservation bank not inconsistent with the provi-
48 slons of this act.
a9 S $. The town board of the town of Southold shall, subject to the
50 provisions of this act have the power and authority to (al purchase and
acquire fee simple interests, and any lesser interests, in any land in
52 the town of Southold, of the types set forth in section six of this act
including any improvements thereon; (bi accept gifts of any such in-
terests in land, or of funds to further the purposes Of the land preser-
ration bank; (c) take any such interests in land by eminent domain pur-
S.' 3058--A 3
suant to the provisions of the eminent domain procedure law; (d) dispose
of all or any portion of its interests in any ]and or interests thereon
held by it; (el finance in whole or in part pursuant to the local
finance law any acquisition authorized pursuant to this section but not
$ to exceed the aggregate indebtedness of eight million dollars; (fl hire
such staff and obtain such professional services as are necessary in or-
? der to perform its duties; and (gl administer and manege land and in-
8 terests in land held by it in a manner which all o~s public use and eh-
joyment consistent with the natural and scenic resources thereof.
S 6o Land to be acquired and held as a part of the land preservation
bank. or interests in which are to be so acquired and held shall be sit-
uated in the town of $outhold. and may consist of any of the following
types of land and interest therein; (al ocean, harbor and pond frontage
in the form of beaches, ~ dunes and adjoining backlands; (bi barrier
beaches; (c) fresh and salt water marshes, estuaries and adjoln~ng
uplands; (d) heathland and moors; (el land providing access to ocean,
harbor and pond frontage; (fl land for future public recreational facil-
18 ities and use; (gl recreation land to protect existing aquifer recharge
areas; (hi farmland and development rights to such land; and (il open
20 space or open area as defined by section two hundred forty-seven of the
general municipal law.
S 7. The land bank shall retain any real property lntmrest relating to!il
land and water areas acquired pursuant to this act predominantly in its
2~ natural, scenic or open condition except as provided for by this
~ 2~ section. The town board of the town .of Southo d and where ePpropr ate.-~,
~,~:~ : 26 subJect to the genera aw~s, any specaa] taw, or the constltutiOn~ may:
:i:~;'; ~ 27 provide fo~ improvements therein only as they are consistent with the
28 preservation of the natural, open, scenic and recreational character of
29 the lands. The t~n board may not alienate any interest in lend acquired
J0 by it under the provisions of thls act except upon the adoption of a
local law by a majority plus one of the to~q board of the to~n of
$outhold authorizing the alienation of said interest~ subject to manda-
tory referendum pursuant to section twenty-three of the municipal home
rule law.
S 8. The town shall file annually with the town clerk of the to~n of
Southoid a conservation, public access, and outdoor recreation plan
which aha. il be. as far as possible, consistent with the town master plan
and with any regional planning relating to the area. The town may, from
time to time, amend such plan. The plan shall show all real property in-
tercels then currently held by the land bank including a description of
the use thereof, and all acquisitions, improvements or dispositions of
real property interest held by the land bank at any time during the year
preceding each filing, including the reasons for such acquisition,
provement or disposition.
S 9. The land bank shall meet its financial obligations by drawing
upon an $outhold land preservation bank fund, to be set up aa a
separate fund with the chief fiscal officer of the town of Southold.
Deposits into the fund shall inc]ude (al funds appropriated to be depo-
sited into the fund by the town of $outhold or county of Suffolk'or any
$0 other governmental entity; (bi voluntary contributions of money and
St other liquid assets to the fund; (c) revenues from fees imposed upon the
52 transfer of real property interests as set forth in section eleven of
this act. together with payments of interest and penalties under aec-
lion thirteen of this act, and (d) proceeds from disposal of real
property interests. AIl expenses lawfully incurred in the admi'nlatretlon
1
5
6
7
8
lo
11
13
15
16
~7
~8
2O
21
22
26
~7
~8
29
~o
32
33
35
36
37
~o
~3
~6
~7
~8
~9
5o
52
53
S. 30 A ~ A. ~O~2--A
of the land bank ~n carrying out the provisions of this act shall be
evidenced by proper vouchers and shall be paid by the town board of the
town of Southold only upon submission of warrants duly approved by the
town board of the town of Sou[hold.
S lO. The chief fiscal officer of the town of Southold shall keep a
full and accurate account stating when, from or to whom, and on what ac-
count money has been paid or received relative to the activ~tles of the
commission and the land preservation bank.
S Il. Notw[thstandlng any other provision of law to the contrary, but
subject to the limitations enumerated in this act, the town of Southold,
acting through the town board of the town of Southold, is hereby
authorized and empowered to adopt and amend local laws imposing a fee
not to exceed two percent of the purchase price upon the transfer of any
real property interest in any real property situated in the town of
Southold, Suffolk county. Said fee shall be the liabi)ity of the pur-
chaser of such real property interest, and any agreement between the
purchaser and the seller or any other person with reference to the allo-
~catlon of the responsibility for bearing said fee shall not affect the
)lability of the purchaser. The fee authorized by this act shall be ad-
ministered and col)acted in such a manner as may be provided by local
law with such amendments in respect to administration and collection as
may be enacted except that all fees shall be deposited directly to the
fund, Nothing herein shall limit the authority of a town to enter into
cooperative agreements for collection of the fee imposed by this section
with any person designated as an agent for the collection of the state
real estate transfer fee pursuant to section fourteen hundred seven of
the tax law.
For the purpose of the proper administration of this act and to pre-
vent the evasion of the fee hereby imposed, it shall be presumed that
all deeds are taxable. Where the consideration includes property other
than money, it shall be presumed that the consideration is the value of
the real property or interest therein. These presumptions shall prevail
until the contrary is proven and the burden of proving the contrary on
the purchaser.
. Any local law adopted or amended imposing a fee authorized by this
section sha)l be subject to a mandatory referendum pursuant to section
twenty-three of the municipal home rule law.
~ )2. The following transfers of real property interests shall be
exempt from the fee establlshed by section eleven of this act. Except as
otherwise provided, the purchaser shall have the burden of proof that
any transfer is exempt hereunder.
(al Transfers to the state of New York, or any of its agencies, in-
strumentaiities, political subdivisions, or public corporations, includ-
ing a public corporation created pursuant to agreement or compact with
another state or the Dominion of Canada.
(bi Transfer to the United Nations, the United States of America and
any of its agencies and instrumentalities.
(c) Transfers to any corporation or association, or trust, or commu-
nity chest, fund or foundation organized and operated exclusively for
religious, charitabie or educational purposes, or for the prevention of
cruelty to children or an[mals, and no part of the net earnings of which
inures to the benefit of any private shareholder or individual and no
substantial part of the activities of which is carrying on propaganda,
or otherwise attempting to influence leglslat~on= provided, however,
that nothing in this section shall include an organization operated for
S. 3058--A 5 A. L~O~2--A
I the primary purpose of carrying on a trade or business for profit,
2 whether or not ell of its profits are payable to one or more organlza-
tions described in this section.
(d) Transfers or conveyances of real property without conslderstion
$ and otherwise than in connection with a sale, including deeds conveying
realty as bona fide gifts.
7 (el Transfers given in connection with a tax sale.
8 (fl Transfers given pursuant to mergers, dissolutions or consolida-
tions of corporations or transfers by or to subsidiary corporations by a
10 parent 'corporation for no ¢onslderation other than cancellation or sur-
11 render of the subsldlary's stocks.
12 (gl ~ransfers consisting of a division of marital assets under the
domestic relations law.
(h) The first one hundred twenty-five thousand dollars of the purchase
15 price of any real property interest, where such real property has a bu-
ilding and other articles, and structure~, substructures and superstruc-
17 tures erected thereon as defined by the real property tax law.
18 (1) The first, fifty thousand dollars of the purchase price of any
other real property interest.
20 5 13. R purchaser who fails to pay all Or any portion of the fee esta-
21 bllshed by section eleven of this act on or before the time when the
22 same is due shall be llable for the foll owlng additional payments in ad-
dltion to said fee:
(al Interest: The purchaser shall pay interest on the unpaid amount of
25 the fee to be calculated from the time of transfer at a rate equal to
26 fourteen percent per annum.
27 (b) Penalties: The town, by local law, may impose a penalty for
28 failure to pay the fee imposed by section eleven of this act. Said
penalty shall not exceed that provided for in section one thousand four
hundred eight of the tax law. Any penalty and interest imposed upon a
purchaser pursuant to tax liability imposed by the provisions of this
act, shall cease to accrue against such taxpayer subsequent to the eh-
tering into of' an agreement approved by the town board requiring such
purchaser to repay the tax liability and the town board may not impose
pena]ties and interest against such purchaser beyond the date such
agreement is consummated.
37 S 1~. (al The town shall notify a purchaser by registered or certified
mall of any failure to discharge in full the amount of the fee due under
this act and any penalty or.interest assessed. The town shall grant a
hearing on the matter of the imposition of said fee, or of any penalty
or interest assessed, if a petition requesting such hearing is received
by the town within thirty days after the maillng of said notice. The
town shall notify the purchaser in writing by registered or certified
mall of its determination concerning the deficiency, penalty or interest
within fifteen days after said hearing. Any final determination of the
town concerning a deficiency, penalty or interest may be reviewed by the
supreme court in a manner provided by article seventy-eight of the civil
practice law and rules upon application of the aggrieved party. Every
notice to be given under this section by the town shall be effective if
50 mailed by certified or registered mail to the purchaser at the address
51 stated in the recorded or registered instrument by virtue of which the
52 purchaser holds any interest in land, the transfer of which gives rise
to the fee which is the subject of such notice~ and if no address is
stated or if such transfer is not evidenced by an instrument recorded or
registered in the public records in Suffolk county, such notice shall be
S. 3058--A 6
A. bO~,2--A
1 effective when so mailed to the purchaser in care of any person appear-
2 lng of record to have a fee interest in such land, at the address of
3 such person as set forth in an instrument recorded or registered in Suf-
~ folk county.
$ (b) All fees, penalties and interest required to be paid pursuant to
6 this act shall constitute a oersonal debt of the purchaser and may be
7 recovered in an action of contract or iq any other appropriate action,
8 su|t oP proceeding brought by the town.
9 (c) If any purchaser liable to pay the fee established by this act ne-
lO glacts or refuses to pay the same, the amount, including any interest
ll and oenalty thereon, shall be a lle~ in favor of the town upon arll
12 property and rights to property~ whether real or personal, belonging to
13 such purchaser, Said lien shall arise at the time of transfer and shall
tm continue until the liability for such amount is satisfied. Said lien
19 shall not be valid as against any mortgagee, pledgee, purchaser or judg-
16 ment creditor unless notice thereof has been filed by the town (il with
17 respect to real property or fixtures, with the county clerk of Suffolk
18 county, which has the effect of imparting contructlve notice thereof
19 against any party sought to be bound thereby, or (ii) with respect to
20 personal property, in the office in which a security or financing state-~
21 ment or notice with respect to the property would Pe filed in order to
22 perfect a nonpoasessory security interest belonging to
23 in the relevant notice.
2~ In any case where there has been a refusal or neglect to pay any ~ee,
25 interest or pe~eltles impused by this act, whether er ~t.l.ev~.h~rs,,,,
26 made, the to~ft, ih addition to other modes'of relief,
27 action to be filed to enforce the lien of the town under this section
28 with respect to such liability or to subject any property of whatever
29 nature, of the delinquent, or in which he has any right, title or in-
)0 tercel, to the payment of such liability.
~1 The t~wn ;ay issue a waiver or release of any lien imposed by this
~2 sect|on. Such waiver or release shall be conclusive evidence that the
33 lien upon the property covered by the waiver or release is extinguished,
· 3~ S 15. Severability, f any provision of this act or the application
~$ thereof shall for any reason be adjudged by any court of competent
3~ jurisdiction to be invalid, such judgment shall not affect, impair, or
~7 ;nvalidate the remainder of this act. but sha]l be confined in its opmr-
38 ation to the provision thereof directly involved in the controversy in
3~ which such judgment shall have been rendered.
hO ~ 16. This act shall take effect immediately, provided however, that
ql section eleven of this act shall remain in full force and effect only
~2 unti) January first, nineteen hundred ninety-four, and upon such date
~3 the provisions of such section shal] be deemed to be repealed.
S. 3058-A As~'~-~ly A. 4042-A
Spca'~.qors: W,-...,l.~,~s of Se~at~: LAV~TZR
draft of bill
Title of Bill: AN ACT establishing the So~thold land preservation bank to
preserve, acquire, bold and manage certain real property.in the town of
Southold, county of Suffolk and providing for the repeal of certain
provisions upon expiration t_hereof.
Pu~--F~se: To establish a town laD~] preservation bank funded by up to a 2%
levy on transfers of real property within the town to enable the town to
preserve open spaces, recreational areas and envirorm~ntally sensitive
land.
~,,.. ,~
S~: iThis bilt would establish a town land preservation bank by the
town board. The Town Board shall be ~wered to purchase and acquire
interest in certain properties and to incur debt not exceeding $8 millionJ'
Properties which may be acquired shall consist of the following ocean,
harbor and pond frontage, barrier beaches, fresh and salt watar marshes,
land providing access to ocean, harbor and pond frontage, land for public
recreational facilities, land to protect land aoquifer recharge areas, and
farmland and develu~L~nt rights to such farmland. The land preservation
bank shall be funded by a fee equal to 2% of the purchase price of the
transfer of any real property interest within the town. Transfers will be
ex~L~t on the first $125,000 where such transfer is improved real property,
and transfer~'qill be ex~pt up to $50,000 where such property is
unimproved, ~ithoutbuildings, structures, or sub-structures.
Justlf/ua~: Many local gove~.,e_nts have undertaken progr~s to protect
and preserve open space and significant natural areas and resources.
Pressures to develop natural areas are unprecedented on the eastern end of
Long Island as many acres of farmland, marsh areas and waterfront property
have recently been used for residential development purposes. East End
towns have undertaken ambitions programs to preserve natural and scenic
areas but lack the financial capabilities to enable such programs to have a
significant impact upon improve~_nt of the environment. In addition, the
eastern portion of Long Island depends entirely upon acquifers to provide
fresh drinking water. In an att~t to slow growth and preserve natural
beauty, scme towns have drastically upzoned re~aining undeveloped parcels
of land. By establishing a tc~n land bank, the town, through the
collection of a 2% real property transfer fee, would have the fiscal
capacity to /mpl~ment in~ortant environmental protection and preservation
programs.
Fiscal T,,~.]~.~e~,w,s: Would increase revenues to certain towns for specific
purposes.
Effecti~ Date: This act shall ti~e effect i~mediately, provided however,
that section eleven of this act shall r~in in full force and effect only
until J~D11a~y first, nineteen hlmdred ninety-four and upon such date the
provisions of such section shall be deemed to be repealed.
File:
N.Y.S. - Home Rule Requests
N~.Y.S. - Assembly
Land Preservation Bank