Loading...
HomeMy WebLinkAboutLand Preservation Bank JUDITII T. TERRY Tokk~ CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 March 27, 1986 Home Rule Counsel's Office The Capitol Albany, New York 12224 Gentlemen: Transmitted herewith are Home Rule Requests for submission to the New York State Legislature for action on Senate Bill S.5514-A and Assembly Bill A.6370-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." Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (8) cc: Senator LaValle Assemblyman Sawicki KENNETH p, LAVALLE THE SENATE STATE OF NEW YORK March 17, 1986 Judith Terry, Town Clerk Town of Southold, Town Hall 53095 Main Road Southold, NY 11971 Dear Judith: Constitutional provisions mandate that certain bills require a Hc~e Rule Request before the Legislature can act upon them. Senate Bill 5514-A is such a bill. ~7~ respectfully request that your office cc~plete the enclosed forms and return them to the Hc~e R~le Counsel's Office, the State Capitol, Albany, New York. (Please see reverse side of Hcme Rule Request forms form ore specific instructions.) Thank you for your prompt attention to this request. Sincerely yours, E~cs. 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 ................. '.i~__}.___ TOWel ............................. o! Senate . - · _Soul:hold ................................................requests the enactment of ~._~.. bdl(No..$ ,55].4~'.A_ ), entitled" ' · · ' AN ACT establishing ~he 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 o such leg~slatmn and that the establishing such necessity are as follows: (Check appropriate box) · · :,, ,,, ,~,.' ~': ' ' [~ The local government does not have the power to e~a~t such legislation by lOCal law.' ] ~] Other facts, as set forth in the following ','Explanation" esta Such request is made by: (Check appropriate box) [] The chief executive officer of such local government, concurred by a majority of the total membership of the lOCal legislative body. (See paragraph A below) The local legislative body of such l~al government, at least two-th~rds of the total membership thereof hay ng voted n favor of such request (See paragraph B be o ) ........ ~ , READ BEFORE SIG~NG · A. ][ ~e request ~s made by ~e chief ex~u~ve o~cer and concurred m by a majomy bership of the local legislative body, both the chief executive ofricer 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 mu, st sign below. In such case use the words "two-thirds" below, ': CHIEF EXECUTIVE OFFICER'S SIGNATURE Date: ............................. 19 ..... (Signed) .......................................................... ................ :__:_ ~. ........ ~:2_Z:___2:______'_ .............. ' CLERK'S CERTIFICATION - · I .........~l.~l~.t.h ._T_~ _._T__~r_ry ....................... do hereby certify that I am Clerk of the _~Z:. :_: ....................... .............. .Tg~o _Boar_d.. ....................................... of the .... '[ow_n of ............ $.outh..o_ld .............. and that on the ..___2.~..____ day of ____M_.a__r__c_h_ .................. least atw°-thirds 19.85 _.. such legislative body, at n~j~N~9 of the total membership having voted in favor thereof, - /;-. ", approved the forOg~ag r~qu~st Date'. ...... ....... ,_::_, ..... ............ Judith _T,.__:ri~t~y ..................... ':0 Cooies required · Two signed copies of this form, spcclfying the final bill number and title must bc filed with each House ,~s,a~.re ,, : · , (a) Jt the bill has .been ~ntroduced ]n only one House of the Legislature four cop]es of the request form must befied e twowth the Se ate and two w th the Assembly , , (b) If the ~dent~cal b has been ntroduced n botl Houses eight cop es of the request form must !,~'-.. :,'...L!' ~71 .be filed, t.e.(two-w]th the Senat9 and two. w~t.h the Assembly for the Senate bill and the same · ~ssemo,. · ! ~':, ~The signiffg of a home rule request or the adoption 0fa res01utlon by the locai legislative body approv' hag 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 the ~s01ution ad~pt'ed the~ ~ame'day" Amended bills :' Each time the bill is amended a new request must be filed (with th~ appropriate number of copies) 'hew'r~que'st midst coi'rectly identify the biil numbe~ as last amended. The Signing 6f the r~qu~st~'and the date of The signed forms should be sent as To the Senate: Home Rule ¢ '. - Senate Post Office ~, The Capitol Albany, N. Y. 12224 of terms: Chief executive officer. To the Assembly: i' Home Rule Counsel ': Assembly Post Office The Capitol N.Y. 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) 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 supervisors; 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) Locallegislative 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) IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE HOME RULE REQUEST (Request by a Local Government for Enactment of a Special Law) To tile Legislature: Pursuant te Article 1X of the Constitution, the ............................... -~-own ......... ~ ...................... of , (county, city town or village) . of ~ bill(No~.63~O~'..~--- ), _ _ Southold .................. }.[ ....................... requests the enactment Assembly (name) : [strike out one) entitled" AN ACT establishing the Southold land preservation bank to preserve, acquire, hold and manage certain real property in the town of $outhold, 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 legislationj and that the facts establishing such necessity are as follows: (Check appropriate box) [~XThe local go~,ernment does not have the power to enact such legislation by local law. :: ·. ', · [] Other facts, as set forth in the following "Explanation" establish such · . EXPLANATION (If space below is not sufficient, use separate sheet and attach here: Such request is made by: (Checl~ ~" · 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 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. CHIEF EXECUTIVE OFFICER'S SIGNATURE Date: ' 19 ....... CLERK'S CERTIFICATION (Signed) ................................ ~ ................................. I, _ Ju_..d_[t_.13_.T. __'[.gr_ry _ _' __': ......... do hereby certify that I am Clerk of the'_ .................................. ................ T__o. wD_Board .................................. of the ..... Town .................................................... of .............. Southold ................................... and that on the ...___2_5~ ...... day of _.__._M_a___r.u .h_ ................... two-thirds of 19 86. , such legislative.body, at leasta the total membership having voted in favor thereof, ' h~or~~'~ 'ues~ approved t goi~l~ tr~q /._ (') V ~ e d~~~ s~c o~ [or;,c (Sign ~ ' { &, _ .......... J udi~h___T ,_.!.erry ................ \ M Date: ........ arch__25 ........... % 19 B6 __ Copies required: INSTRUCTIONS Two signed copies of this form, specifying the final bill number and title must be filed with each House of the Legislature. Examnles: (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 Assembly. (b) If the identical bill has been introduced in both Houses. eight copies of the request form must be filed, i.e. two with the Senate and two with the Assembly for the .Senate .bill and the same '~ '" for'the Assembly bill.. . . ~ . · ..... .,., . . ,.: ..... ,, , .. The signing of a home role request or the adoption of a resolution by the local legislative body approv- ing 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 resolution adopted the same day as the date of introduction. '~ 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 the date of the support ng '~es61ution 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 Definition of terms: Chief executive o[ficer. To the Assembly: ~'"' Home Rule Counsel '" ~' Assembl The Capitol 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 supervisors; 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 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, §§20, 40) STATE OF NEW YORK 5514--A 1985-1986 Regular Sessions IN SENATE May 2, 1985 Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -. racom- mitred to the Committee on Local Government in accordance with Senate Rule 6, see. 8 -- committee discharged, bill amended, ordered re- printed as amended and recommitted 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- b_blly, do enact as follows: 1 Section 1. Legislative findings and intent. The legislature finds that the protection and preaervation of open sp~ce and significant nat- S 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 hanks, permit local governments to carry out 6 such protections. Therefore, this act ia intended to enable the town of 7 $outhold, Suffolk county to protect and preserve its open space and nat- 8 ural area resources through a land preservation bank, financed by a fee 9 levied on the transfer of real property w/thin the town. 10 § 2. As used in this act, the following words and terms shall have the 11 following meanings: 12 (al "Commission" shall mean the Southold land preservation bank eom- 13 mission established pursuant to section four of this act. 14 (b) "Fund" shall mean the Southold land preservation bank fund esta- 15 blished pursuant to section nine of this act. 16 (c) "Land bank" shall mean the Southo]d land preservation bank esta- 17 blished pursuant to section three of this act. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13086-O1-6 S. 5$1&--A 2 I (d) "Purchaser" shall mean the transferee, grantee or recipient of any 2 real property interest. 3 (e) "Purchase price" shall mean all consideration paid or transferred 4 by or on behalf of a purchaser to a seller or his nominee, or for his 5 benefit, for the transfer of any real property interest, and shall in- .6 elude, but not be limited to, all cash or its equivalent so paid or 7 transferred; all cash or other property paid or transferred by or on 8 behalf of the purchaser to discharge or reduce any obligation of the 9 seller; the principal amount of all notes or their equivalent, or other 10 deferred payments, given or promised to be given by or on behalf of the 11 purchaser to the seller or his nominee; the outstanding balance of all 12 obligations of the seller which are assumed by the purchaser or to which 13 the real property interest transferred remains subject after the trans- 14 far, determined at the time of transfer, but excluding real estate taxes 15 and other municipal liens or assessments which are not overdue at the lS time of transfer; and the fair market value, at the time of transfer, of 17 any other consideration or thing of value paid or transferred by or on 18 behalf of the purchaser, including, but not 1/m/ted to, any property, 19 goods or services paid, transferred or rendered in exghange for such 20 .real property interest. 21 (f) "Real property interest" shall mean every estate or right, legal 22 or equitable, present or future, vested or contingent, in lands, tens- 23 ments or heraditaments, which are located in whole or in part within the 24 town of Southold. It shall not include a mortgage, a release of mortgage 25 or a leasehold for a stated term of years or part of a year. It shall 26 not:'include rights to sepulture. 27 (g) "Seller" shall mean the transferor, grantor or immediate former 28 owner of any real property interests. 29 (h) '!Time. of transfer" or,any real propert~ interest shall mean, the 30't~me at which such transfer la,legally effective as between the parties 31' thereto, and, in any. event, with respect to a tranaf&r evidenced by an 32 instrument recorded with the ~appropriata ragiat,ry of deeds or filed with 33 the aaaista~t.~racordar of the~appropriata ~agiatry district, not later 3i than the time,of such racordini'orSflling (i) "Town" shall mean the town'of Southold ih =the cdunty of Suffolk. § 3. The town board of the town of Southolg in %he COUnty of Suffolk, may establish a land prasarvatimn bank, to ba adminii~arad by the town 3S board ands. commission for the purpose of acqui~ing, holding and manag- ing land and interests in land of ths'~ypes set forth in aectimn six of 40 this act upon the adoption of a'tocll 'law to thai affect. Such local, law 41 shall be subject to · mandator~ ~af~endum. § &. Ths land prmserVatio~~ bank shall be administered by the to~rn board of the to~n of SouthOld and a commission consisting of five per-' sons a~i~i~d by the town board of the town of Southold for five year terms except that of the first five appointments, one of whom shall years, one of whom shall serve a term of three years and one of whom shall serve a term of four years. The town board of Southold shall designate a chairman and shall fill vacancies for the remainder of the 50 term. ~embers shall be legil residents of the to~n of Southold and shall 51 serve without compensation. No member of the tovm board shall serve as a 52 member of the commission. The commission shall elect a secretary from among its members, and may adopt reasonable rules and regulations for the conduct of its affairs and the management of the holdings of the 55 Southold land preservation bank not inconsistent with the provisions of 10 11 12 13 15 17 19 2O 21 2~ 25 2~ 27 28 29 30 31 32 ~5 37 35 39 4,0 ~6 48 ~9 $0 52 · S. 3 1 this act. Decisions of the COmmission shall be by majority vote of those 2 present and voting and no business shall be transacted without three 3. members present. The commission shall keep accurate records of its meet- ings end actions and shall file $ be subject to the provisions of an annual report. The commission shall articles six and seven of the public of- 6 ficers law. The Commission shall act in an advisory capacity to the town ? board of Southold with regard to land acquisitions made pursuant to this 8 act. 9 § 5. ]'he town board of the town of Southold shall, subject to the provisions of this act and Upon approval of the COmmission have the power and authority to (a) purchase and acquire fee simple interests, and any lesser interests, in any land in the town of Southold, of the types set forth ~n section slx of this act lncludlng any improvements thereon; (b) accept gifts of any such interests in land, or of funds to further the purposes of the land preservation bank; (c) take any such interests in land by eminent domain pursuant to the eminent domain procedure law, and only by a vote of the commission in which at least four members vote in favor of such taking and further only after having been authorized to do so in each instance by a two-thirds vote of the town board of the town of Southold and further provided that a reasona- ble effort shall first be made to negotiate the acquisition thereof by purchase prior to such taking; (d) dispose of all or any portion of /ts interests in any land or interests thereon held by it; (e) issue revenue anticipation notes in an aggregate principal amount ndt to exceed five million dollars, pledging the full faith and credit of the town b6ard'of the town of Southold only after having been authorized to do so by a two-thirds vote of the town.board of the town of Southold; (f) hire such staff and obtain such professional services as are necessary in order to perform its duties; .and (gl ~dminister~and manage land and lnterest~ land held by it in a manner Which~at~ows public!use ~n~ ' sistent with thg natural and Scenic resource~ 'thereo~-- ~joyment con- § 6. Land t6 be acquired ian4 ~,~d a$~a part o~ the 'land preservation beaches; (c) fresh 'and salt wat~: g cklands; (b) barrier uplands; (d)i h'eat~land and moors; (e) land proved/rig access to-oce~° harbor and pohd 'frontage; (f) land ~gr future ities and use~ '(g) recreation land'~o protect public recreational facill, . existing aquifer~ recharge areas; and (h) farmland and developmen~ ~igh~s to such land. § 7. The land bank shall retain a~y rgal pFoperty interest relating to land and water areas acquired pursuant t~ tht~ act predomin natural, scenic or open condition 'except a- ._ antly in its section· Except upon the approval of *~- __r ~ provlaed for by this COnservation and the to~rn board of the town of Southold and where appro- priate, subject to the general laws, any special law, or the constitu- tion, the commission shall not allow (a) construction or placing of ildings, roads, signs, billboards, or other advert/sing utilities or other structures on or above the surface, (b) dumping or placing of soil or other substance trash, waste or or material as landfill, or dump/nS or placing of · unsightly or offensive materials, (c) removal or des- truction of trees, shrubs, or other vegetation, (d) excavation, dredg- ing, or removal of loam, peat, gravel, so/l, rook~ or other mineral sub- Stance in such manner as to affect the surface, (e) surface use except S. 5514--A 1 for purposes permitting the land or water area to remain predominantly 2 in its natural condition, (f) activities detrimental to drainage, flood 3 control, water conservation, erosion control, or soil conservation, or 4 (g) other acts or uses detrimental to such retention of land or water 5 areas, (h) the alienation of any interest in land acquired by it under 6 the provisions of this act except upon the adoption of a local law by a ? majority plus one of the town board of the town of $outhold authorizing 8 the alienation of said interest, subject to mandatory referendum by the 9 electors of the town of Southold. In determining whether or not to ap- 10 prove a request from the commission to use, improve or dispose of any ll real property interest acquired by said commission in a manner otherwise 12 prohibited by this section, the commissioner of environmental conserva- 13 .tion and the town board of the town of Southold shall consider whether 14 such request is in the interest of conservation and any natural, state, 15 regional or local program in furtheranae thereof, and also any public, 16 state, regional or local comprehensive land uss or development plan af- l7 fecting the land, and any known proposal by a governmental body. for use 18 of the land. 19 § 8. The commission shall file annually with the commissioner of eh- 20 vtronmental conservation and the town clerk of :he town of Southold a 21 conservation, public access, and outdoor recreation plan which shall bs, 22 as far as possible, consistent with the town master plan and with any 23 regional planning relating to the area. The commission may, from time to 24 t/me, amend such plan. The plan shall show all real property interests 25 then currently held by the land'bank including a description of the use 26 thereof, and all acquisitions, improvements or dispositions of real 27 property interest held by the land bank at any time during the year 28 preceding each filing, including the reasons for such acquisition, im- 29 provement or disposition; the ommissionerof envi.ronmental conservation 30 and the town clerk of the town of Southold'ma~ require any other in- 31 formation they deem important.!'~'~ · · ': 32 § 9. The :z~and bank shall~ meet' i%s financial o~ltgations by drawing 33 upon a Southold land preservation %ank fund} %o be: set Up as a revolving 34 or sinking account with the treasury 6f thelt6Wn'Of Southold. Deposits 35 into the fund shall' include (a) fundsappro~iated~tb be deposited into 36 the fund by the town of Sout[o}d os county of ~uffolk; (b) vollnltary 37 contributions of moneyS:and 6ther liquid assets to:%~e f~nd; (c) revenues 38 from fees imposed upon the transfe~ of real property interests as set 39 forth in section eleven of this act, ~6gether with pay~pn~s iof interest 40 and penalties.under Section thirteen of this act, and.(d).proceeds from 41 disposal of real propeMty interestS!iAii expenses lawfullN! incurred in 42 the administration~:~f the l~dfba~k ~n carrying out the p~ovisions of 43 this act shall be evt4enced by'~6per'vouchers and shall be ~aid by the 44 town board of the ~toWn:of Sd6~hold only upon submission of warrants 45 duly approved by the 'tOwn board of'the town of Southold. 46 § 10. The commission shall keep a full and accurate account of its ac- 47 tions including a record as ~o when, from or to whom, and on what ac- 48 count money has been paid or received relative to this act, and as to 49 when, from and to whom a~d for what consideration real property in- 50 terests have been acquired, improved, and disposed of. 51 The supervisor of the town of Southold shall keep a full and accurate 52 account stating when, from or to whom, and on what account money has 53 been paid or received relative to the activities of the commission and 54 the land preservation bank. 5 7 8 9 10 1! 13 15 · 17 18 28 30 31 33 36 37 38 3~ 40 44 46 47 48 $1 S. $$14--A $ 1 § Il. Notwithstanding any other provision of law to the COntrary, but 2 subject to the limitations enumerated in this act, the town of Southold, 3 acting through the town board of the town of Southold, is hereby authorized and empowered to adopt and amend local laws imposing a fee ~o exceed two percent of the purchase price Upon the transfer of any real property interest in any real property situs old~ Suffolk COUnty. Sa:J . ted in seller or any other person with reference to the allo- cation of the responsibility for bearing said fee shall not uetween the liability of the purchaser. The fee authorized by this affect the enter into cOOperative agreements f Il ti · ng aerein shall ~mit.?e authority of a -- to ~r cozzection of the tax tm;~d by this section with any Person designated as an agent for the collection dred 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 sh~ll.? on the purchaser, and the burden of nrovt-~ - exempt f,om the fee e;;:bllf~f~;Sse~[ ~a~ ~per~, interests ,hal~l be provtded~ the purchaser shall have the burden of proof :hat (a) Transfers to the state of New Yor~ or any of its agencies, in- ~trumentalities, political subdivisions, or publi~ corporations, includ- another state or the Dominion of Canada. (b) Transfer to the Un/ted NattoriS, the United States of America and any of its agencies andinstrUmental'ities. ' (c) Transfers to any eo~poratioh ' ~ nity chest, fund or foundation orgahi~ association''or trust, or commu- ?ldr.n or eni..ls, and suDstantial part of the _~..ny prayers shareholder - ?=mings of Which that nothine in .u?~pu[ng to influence l"o~ Carrying on propa£and.- the primary purpose of Carrying on a tradeganlzatl°n Operated for (d) Transfers or COnveyances of real property without consideration and otherwise than /n connect/on with a sale. including deeds conveying render of the subsidiary's Stock~. than cancellation or sur- S. 551~--A 6 1 (g) Transfers consisting of a division of marital assets under the 2 domestic relations law. 3 (h) The first one hundred thousand dollars of the purchase price of 4 any real property interest, where such real property has a building and 5 other articles, and structures, substructures and superstructures 6 erected thereon; or 7 (i) The first twenty-five thousand dollars of the purchase price of 8 any other real property interest. 9 § 13. A purchaser who fails to pay all or any portion of the fee esta- 10 blished by section eleven of this act on or before the i1 same is due shall be liable for the following additional time when the 12 dition to said fee: . payments in ad- 13 (a) Interest: The purchaser shall pay interest on the unpaid amount of , 14 the fee to be calculated from the time of transfer at a rate equal to 15 fourteen percent per annum. 16 (b) Penalties: A town, by local law, may impose a penalty for failure 17 to pay the fee imposed by section eleven of this act. Said penalty shall 18 not exceed that provided for in section one thousand four hundred eight 19 of the tax law. Any penalty and interest imposed upon a purchaser put~ 20 suant to tax liability imposed by the provisions of this act, shall 21 cease to accrue against such taxpayer subsequent to the entering into of 22 an agreement approved by the commission requiring such purchaser to 23 repay the tax liability and the commission may not impose penalties and 24 interest against such purchaser beyond the date such agreement is 25 consummated. 26 § 14. (a) The commission shall notify a purchaser by registered or 27 certified mail of any failure to discharge in full the amount of the fee 28 due under this act and any penalty or interest assessed. The commission 29 shall grant a hearing on the matter of the imposition of said fee, or of 30 any penalty or interest assessed, if a petition requesting such hearing 31 is received by the commission within thirty days after the mailing of 32 said notice. The commission shall notify the purchaser in writing by 33 registered or certified mai] of its determination concerning the defi- 34 ciency, penalty or interest within fifteen days after said hearing. Any 35 final determination of the commission concerning a deficiency, penalty 36 or interest may be reviewed by the supreme court in a manner provided by 37 article seventy-eight of the civil practice law and rules upon applica- 38 tion of the aggrieved party. Every notice to be given under this section 39 by the commission shall be effective if mailed by 40 mail certified registered to the purchaser at the address stated in recorded or registered 41 instrument by virtue of which the purchaser the transfer of which gives rise to the fee holds any interest in land, which is the subject of such 43 notice; and if no address is stated or if such transfer is not evidenced 44 by an instrument recorded or registered in the public records in Suffolk 45 county, such notice shall be effective when so mailed to the purchaser 46 in care of any person appearing of record to have a fee interest in such 47 land, at the address of such person as set forth in an instrument 48 recorded or registered in Suffolk county. 49 (b) All fees, penalties and interest required to be paid pursuant to 50 this act shall constitute a personal debt of the purchaser and may be 51 recovered in an action of contract or in uny other appropriate action, 52 suit or proceeding brought by the commission. 53 (c) If any purchaser liable to pay the fee established by this act ne- 54 glects or refuses to pay the same, the amount, including any interest 55 and penalty thereon, shall be a lien in favor of the commission upon all S. 5514--A 1 7 property and rights to property, 2 such purchaser. Said lien Shall whether reel or personal, belonging to arise at the time of transfer and shall 3 continue until the liability for such amOUnt is satisfied. Said lien 4 shall not be valid as against any mortgagee, pledgee, purchaser or judg- 5 ment creditor unless notice thereof has been filed by the commission [i) 6 with respect to real property or fixtures, with the County Clerk of Suf- 7 $ t~ere°~ against any party sought to he boun 9 folk COUnty, which has the effect of impartin respect to personal pro e ~ constructive nOtice ll ~xea in order to -e-~v' no.zee with resne~-._-3~ca a securit 12 the person named in the relevant notice. ~ -~rest belonging to 13 In any case where there has been e refusal 14 interest or penalties imposed by this act, or neglect to pay any fee, whether or not levy has been 15 made, the commission, in addition to other modes of relief, may direct a 16 civil aCt/on to be filed to enforce the lien of the COmmission under 17 this section with respect to such liabilit~ or to subject any property 18 of whatever nature, of the delinquent, or 19 title or interest, to the a 20 in which he has any right, The commission .... P ymant of such liability. 21 -'~ ~SSue a waiver or release of 22 this s~ctton. Such waiver the lzen -Upon t ~ or release shall ~ ~ . any lien imposed 23 extinguished. h~ property cOVered ~-b~-i°nc~ustve evidence ~.b~ 25 sect/on eleven of this act shall remain in full force and effect only uaa=ely, provided hOWever, that 26 until January first, nineteen hundred ninety-two, and Upon such date the 27 provisions of such seCt/on shell be deemed to be repealed. Bi)l Spa .qors: ~ubmJtLed in accord:m(.e wJLh A~sembly Rule 1]], N,,mb~,': As~emh]y~-A Senal e S.55)4 -A Member~ of Asscmb]y__~AWZCK] ]nlioduced aL Title of Bill: to preserve, of Southold §](e) thc Reqnest of AN ACT establishing the Southola land preservation bank acquire, hold and manage certain real property in the town county of Suffolk and providing'for the repeal of certain- provisions upon expiration thereof. Purpose or Ceneral Idea of Bill: To establish a town land preservation bank funded by a 2~ levy on transfers of real property within the town to enable the town to preserve open spaces, recreational areas and environmentally sensitive land. Summnry of Specific Provisions: Would establish a town land preservation bank to be administered by a commission consisting of 5 persons appointed by the town board. The initial terms shall be staggered and subsequent terms ah'all be for 5 years. Commission shall be empowered to purchase and acquire interest in certain properties and to incur debt not exceeding $5 million only after having been authorized to do so by a 2/3 vote of the town board. Properties wbicln may be acquired shall consist of the following: ocean, harbor and pond frontage, barrier beaches, fresh and salt water marshes, land providing access to ocean, harbor and pond frontage, land for public recreational facilities, land to protect land acquifer recharge areas, and farmland and development rights to such farmland. The land preservation bank shall be funded by a fee equal to 2P of the purchase price of the transfer of any real prpperty interest within the town. Transfers will be exempt on the first $100,000 where such transfer is improved real property, and transfers will be exempt up to $25,000 where such property is unimproved, without buildings structures, .~c~r sub-atnNctures. ' ~leccs ut lresent 'Law which this Bill would Alter: Special act. Justification: Many local governments have undertaken programs 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 ambitious programs to preserve natural and scenic areas but lack the financial capabilities to enable such programs to have a significant impact upon improvement of the environment. In addition, the eastern portion of Long Island depends entirely upon acquifers to provide fresh drinking water. In an attempt to slow growth and preserve natural beauty, some towns have drastically unzoned remaining undeveloped parcels -z:~ . By establishing a town lan0 bani:, c.~ cuwa, through the collection of a 2% real property transfer fee, would have the fiscal capacity to implement important environmental protection and preservation programs. Prior l.cli~;].~ ;J live IlJsto;y: Fi.nc;,] Imj~]icaLions for Stale ;,.d 14,cai (;ovcrnnmnts: Would increase revenue available to certain towns for specific purposes.