HomeMy WebLinkAboutLL-1988 #02LOCAL LAW NO. 19~8
A Local Law in relation to Open
Sp~ce or Open Area Preservation
Sections 29-1 through 29-9.
section 29-10 Title.
Chapter 29
(Reserved)
This Chapter shall be known and may be cited as the "Open Space or
Open Area Preservation of the Town of Southold".
Sections 29-11 through 29-19. (Reserved)
Section 29-20 Purpose.
The Town Board of the Town of Southold finds that the acquisition of
open space or open area in lands located in the Town of Seuthold which
areas or spaces if preserved and maintained in their present open state is
in the public interest and a proper purpose of the town in accordance with
the findings and determination of the New York State Legislature, as set
forth in Section 247 of the General Municipal Law.
Sections 29-21 through 29-29. (Reserved)
Section 29-]0 Definitions.
As used in this chapter, the terms used herein are defined as follows:
ACQUISITION - To accept by purchase, gift, grant, bequest, devise,
lease or o~herwise, the fee or any lesser interest or right in real
property i~cluded, but no= limited to, development rights.
ALIENATION - The transfer of the fee or any lesser interest or right
in real property from the Town of Southold to another.
COMMITTEE - The Southold Town Open Space Committee.
DEVELOPMENT RIGHT - The permanent legal interest or right to prohibit
or restrict the use of land fo= any purpose other than open space or
open area.
OPEN SPACE or OPEN AREA - Any space or area characterized by
natural scenic beauty or, (2) whose existing openness, natnral
condition, or presen~ state of use, if retained, would maintain or
enhamce uhe conservation of natural or scenic, resources.
STRUCTURE - Anything constructed or erected in, on or under the
ground or atsached ~o a~ything having a location, on or under the
qround, inclu=ing fences.
Sections 29-3i through 29-39. (Reserved]
S~ction 29-40.
Sections 29-41 through 29-49.
Section 29-50.
Upon authorization by the Town
bein~ offered.
[Reserved)
The fee or any lesser intmrest or right ac~ired by the town
pRrsRant to the provisions uf this chapter shall not ~hs~after '
be alienated, eKcept upon the a£firma~ive votm of a majority of
the Town Board after a public hearing thereon and upon th~
approval by the electors of the town voting un a propositi~n
submitted at a special or biennial town election. N~
s~bsequent amendment of the provisions of ute s~section shall
al~er t~e limitation imposed upon the ali~natiun of the fee or
any lesser interest or rights ~cquired by the t~wn prior to any
s[~ch amendment.
The [nstr'ament o~ conveyance transferrin~ the fee or any lesser
interest or right is real property to the Town of Southold
shallDe eKecuted by the Bdpervisor on behalf of the Town of
Southold and the grantors arid shall contain a covenant
specifically set=ing forth the limitations on the alienation o~
the fee or any lesser interest or right and the limitations on
the use and enjoymeat of the estate or interest reserve~ by the
grantor as the same are set forth as of the date of the contract
for the sale of said f~¢ or any lesser 12retest ~r right.
Open Space Commit=em.
Th~ Co~ittee shall consist of five (5) members ~o be
appointed'by and serve at thc pleasure of the Town Board.
The ChaLrma~ of the Cor~J tree shall be designated k~f the
Town Board.
~,dditio hal fm ms for filing local lax;s with this of[ice will be forwarded upon
(Please Use this Form for Filing your Local Law with the Secretary o! State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining ~o indicate new matter.
Crd~f of s ou.t.4o k4 ..........................................
Town ........
Local Law No....2 ..................... of the year 19. ~.S .......
in relation to open space or open area ~reservation
A local law ....................................................................................
(Insert title)
Be it enacted by the ..... .Town. ~QarA .................................................... of the
(Name of Legislative Body)
~Y~ of Southold .................................................... as follows:
Town .......................
I. The Code of the Town ~~7~SOuthold is hereby amended by adding
a new Chapter thereto, to be Chapter 59, to read as follows:
Sections 59-1 through 59-9 (Reserved)
Section 59-10 Title
This chapter shall be known and may be cited as the"Open space
or Open Area Preservation of the Town of Southold".
Section 59-11 through 59-19. (Reserved)
Section 59~20 Purpose.
The Town Board of the Town of Southold finds that the acquisition
of open space or open area in lands located in the Town of Southold
which areas or spaces if preserved and maintained in their present
open state is in the public interest and a proper purpose of the Town
in accordance with the findings and determination of the New York
State Legislature, as set forth i~:/Section 247 of the General Munincipal
Law.
Sections 59-21 through 59-29. Reserved
Sections 59-30 Definitions. Jr-
As used in this chapter, the terms used herein are defined as
follows:
ACQUISITION_ To accept by purchase, gift, grant, bequest, devise,
lease or otherwise, the fee or any lesser interest or right in
real property included, but not limited to, development rights.
ALIENATION - The transfer of the fee or any lesser interest in
real property from the Town of Southold to another.
CO?LMITTEE - The Southold Town Open Space Committee.
DEVELOPMENT RIGHT - The perm~ent legal interest or right to
prohibit or restrict the use of land for any purpose other than
open space or open area. ~o ?~
OPEN SPACE OR OPEN AREA - Any space or area characterized by (1)
natural scenic beauty or, (2) whose existing o~ness, natural
condition, or present state of use, if retained, would ma$~ntain
(If additional space is needed, pk~se attach sheets o~ the same si~e: as this and number each),
or enhance the conservation of natural or sceni'c resources.
STRUCTURE - Anything constructed or erected in, on or under the ground
or attached to anything having a location, on or under the ground,
including fences.
SECTIONS 59-31 through 59-39 (Reserved)
SECTIONS 59-40. Acquisition of open space or open area.
Ce
Upon authorization by the Town Board, the Supervisor shall solicit
offers for the sale to the Town of the fee or any lesser interest
or right in real property as may be recommended by the committee.
Upon the receipt of such offer or offers, the Town Board shall
cause an appraisal or appraisals to be made of the market value
of the fee or any lesser interest or right in such real property
being offered.
After receipt of such appraisal or appraisals, the Town Board shall
hold a public hearing on the question of the acceptance of such
offer or offers.
D. Within sixty (60) days after such hearing, the Town Board shall
adopt a resolution either accepting or rejecting such offer or
offers.
SECTIONS 59-41 through 59-49 (Reserved)
SECTIONS 59-50
Cm
The fee or any lesser interest or right acquired by the town pursuant
to the provisions of this chapter shall not thereafter be alienated,
except upon the affirmative vote of a majority of the Town Board
after a public hearing thereon and upon the approval by the electors
of the town voting on a proposition submitted at a special or
biennial town election. No subsequent amendment of the provisions
of the subsection shall alter the limitation imposed upon the
alienation of the fee or any lesser interestor right acquired by
the town prior to any such amendment.
The instrument of conveyance transferring the fee or any lesser
interest or right in real property to the Town of Southold shall be
executed by the Supervisor on behalf of the Town of Southcld and
the grantors and shallcontain a~ covenant specifically setting forth
the limitations on the alienation of the fee or any lesser interest
or right and the limitations on the use and enjoyment of the estate
or interes reserved by the use and enjoyment of the estate or
interest reserved by the grantor as the same are set forth as of
the date of the contract for sale of said fee or anyj~_esser interest
or right. ~_-
Open Space Committee
(1) The committee shall consist of five (5) members to be appointed
by and serve at the pleasure of the Town Board. The Chairman of the
Committee shall be designated by the Town Board.
(2) Duties of the committee
(a) The committe shall perform the f0116wing duties:
(1) To recco~'~nd to the Town Board lands in which the fee or
any lesser i~erest or rights should be acquired by the Tow~?
(2) To review all matte~ relevant to open space or open areas~
(3) To serve as a review board for the granting of permits
for the construction , reconstruction and additions
of and to structures in or on the lands in which the
fee or any lesser interest or rights have been acquired
by the town.
(4) To promulgate such rules and regulations as may be
deemed necessary to govern the administration,
procedures and duties of the Committee, which rules
and regulations shall not become effective until
approved by the Town Board.
(5) To prepare, amend and maintain appropriate maps
delineating open space or open area lands, lands
in which the fee or any lesser interests or rights
havebeen acquired, lands in which the fee or any
lesser interest or rig-hts are proposed to be acquired
and such other information as may be deemed appropriate.
(6) To perform such other duties and functions as may, from
time to time, be directed by the Town Board.
(b) The Committee shall be authorized to incur such expenses
in the performance of its duties as shall be appropriated
therefor by the To~_Board.
Sections 59-51 through 59-59. (Reserved)
Sections 59-60. Severability
Should any provisions of this chapter be adjudged invalid
by a court of competent jurisdiction, such adjudication shall
not affect the validity of any other provisions of this chapter.
II. This local law shall take effect upon its filing with the
Secretary of State.
(lb)
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the rentier
therein which is not applicabl.e..)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
of the C~%Yx Southold .........................................
Town of ................ was duly passed by the Town Board
(Name of Legislative Body)
on ......~..a..r..c..h....2..2. ........ 19...8..8.... in accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........
County
. . City
ot tt~eTown of ................
Village
on ............................. 19 ........
was duly passed by the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer*
and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable
provisions of law.
(Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
. . City
ot tneTown of ................
Village
on ............................. 19 ........
was duly passed by the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer*
on .................................. 19 ..........Such local law was submitted to the people by reason of a
mandatory
permissive referendum, and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on ............................. 19 ......... in accordance with the applicable
annual
provisions of law.
(Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No~-: ........ of 19 ........
County ' -
.. City
otme Town of ................
Village
on ............................. 19 ........
was duly passed by the .........................................
(Name of Legislative Body)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive Officer*
on .................................. 19 .......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted
on ............................. 19 ......... in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county;~fde basis or, if
there be none, the chairman of the county legislati~c~body, the mayor of a city or villa~g~::.:?r the supervisor of a town where such
officer is vested with power to approve or-Veto Ioea-llaws or ordinances.
~(2)
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .........of 19 ........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of 217 of the Municipal Home Rule Law, and having received the affirmative vote of a
sPec:~aal1
majority of the qualified electors of such city voting thereon at the gene election held on ............
............ 19 ......... became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No .......... of 19. ........
of the County of ...................... State of New York, having been submitted to the Electors at the
General Election of November ............ ,19 ....... pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certifica-
tion.)
I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraPh ..... ./. ...... above.
~Cle~'~ ~f the County legislative body, City, Tow~r Village.Clerk or
officer designated by local legislat~,v~ body '
Judith T. Terry, Town Clerk
Date: March 24, 1988
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
'other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ..S..u..f..f..o..~..k. ..................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed here3o:~ ·
Signature ' '
James A. Schondebare, Town Attorney
Title
Date: March 24,1988 c~fi&~ of Southold
Town ..................................
x~
(3)
PUBLIC HEAl'.[ NG
SOUTHOLD TOWN BOARD
8:05 P.M.
MARCH 8, 1988
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO
OPEN AREA PRESERVATION."
OPEN SPACE OR
Supervisor Francis J. Murphy
Justice Raymond W- Edwards
Councilwoman Jean W. Cb~bran
Councilman G~rge L. Penny IV
Councilwoman Ruth O. Oliva
Councilwoman Ellen M. Larsen
Town Clerk Judith T. Terry
Town Attorney James A- Schondebare
SUPERVISOR MURPHY: I will open the second hearing, which is on a proposed "Local
Law in relatiou to Open Space or Open Area Preservation-" This is concerning the
bond resolution that was voted upon on the last November election, which was approved
by the people ir, the amount of $1,750,000. Ruth wiU read the official notice,
COUNCILWOMAN OLIVA: "Leal Notice, Notice of Public Hearin~ on Local Law. Public
Notice is hereby given that there has beer) presented Lo the Town Board of the Town
of Bouthold, Suffolk County, New York, on the 23rd day of February, 1988, a Local
Law entJtled¢ r'A Local Law in relation to Open Space or Open Area Preservation."
Notice is further given that the Town Board of the Town of Southold will hold a
public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road,
Southold, New York, on the 8th day of March, 19@8, at 8:05 o'clock P-M-, at which
time all interested persons will be heard. This proposed "Local Law in relation to
Open Space or Open Area PreservaUon" reads as follows:" It's basically just a Local
Law authorizing the bond issue that we voted ol~ in Novon]bet.
[ have an affidavit here from The Long Island T~ ave]er Watchman that it was
printed in that paper. There is al~o an affidavit from The Suffolk Times that it
was published in The Suffolk Times. And an affidavit from Judith Terry that it
was posted on the Town Clerk% Bulletin Board. There are no other further
communciatior~s.
SUPERVISOR MURPHY: Thar~k you, Ruth. You've I]eard the official reading, Is
there anyone here Jn the audience would like to address the Town Board on this
proposed Local Law7 Over here on the left? Middle? Bob?
ROBERT VILLA: Hi, I'm Bob Villa. I'm Chairman of the Farmland Preservation
Committee, which was basically the committee that I think brought about the second
bored issue, based on the fact that there were other lands that had been offered
to the Far-roland Committee which we couldn't address under that particular bond
issue. ]~m here tonight because [ do have some problems with the local law, Jn that
I don~t really think it addresses some of the issues that we had expre=sed concerns
with. Jtis written as an open space or' open space preservation law, and I think
our committee had expected a little bit broader interpretation of that so thut we could
Page 2 PH-LL-Open Spa.. -
space, period. I don't think that was the intent oF the purposes that we had
mind when our committee actually came up and asked for a second bond issue.
know Bud is the'formal- chairman of the committee and I think he's her~ tonight.
Bud, am I co;~rect in my thoughts on this?
BUD CYBULSKI: Yes_
ROBERT VILLA: So, I don't know, I have some doubts or some concerns with the
law the way it's written. Ruth, I see you shaking your head too. You were sitting
in on many of those meetings. George? We were sort of coming from a different
petsDective. I don't kt~ow, Z had writter] a draft and submitted it ir,, and I know
Mr. $chondebare rewrote it, because he had to put it in terms. I'm sure he did
what h~ felt wa5 I-ight, possibly what the bond issue said, but I do think there are
some problems with it.
'tOWN ATTORNEY $CHONDEBARE; The issue is what was presented to the voters
last November a= fei- as the bond issue was contel-ned. I remember we reviewed
that, as well as the Town Law that authorizes this, and some of the concepts that
you had in your proposal, of TDR's, etceter[4, which we don't have in the Town,
didn't fall within the proposal submitted Lo the voters. I know what you're saying,
but I don't know how you're going to get it out of this bored resoJutlot~.
ROBERT VILLA: I know that when I put up the draf[ -put the draft together, I
tried to be all inclusive and put everything in thei:e that we h~d disc[issed, and
[ didn't know whether some of those things were legally feasible aL the tin]e, and
that!s why we a~ked you to review it and revamp it or what have you. But I still
think it's very lacking in where were hoping to come from. One of the big [Ql.li-poses
was to be able to get some land to set aside fei- water supply purpose.~. Now if
you buying aJ~d just keep;St for open space that precludes you from every utilizi~]g
the site as a well field, and that J5 not what we were /ookJng for.
TOWN ATTORNEY $CHONDEBARE: This is open space and you're n~t going to be
able to build on it. Th~s is similar- to yo[~r farmland preservation.
SUPERVISOR MURPHY: Would you be able ~o put a well?
TOWN ATTORNEY $CHONDEBARE: No, you can't drop a well on it.
SUPERVISOR MURPHY; If there was a well there?
TOWN ATTORNEY SCHONDEBARE: The well already in place? Yot~'ve got a well
in place, but you're not going to put one i~. Thk~ is ~imilar to fa~'mland p[-eservation
where you're buying the development Kights ~nd then you tKy to go back to put
~ building on top of the premises. You've got the_s~me~problem that you're going
to have in this particular o~le. I got the impt-ession fl~m some of the Board members
that we were thinking of another band resolution with regard to the water shed or
water col'e area, and it wasn't this one that you were thinking of at the time you
passed this one.
COUNCILMAN PENNY: O~e of the reasons:~hat we were hoping ~o expedite this particular
law was the fact that we had a potential ac~luisitJon of about 30 acres. And ] think
Page 3 - PH LL Opem~p~ .... .,~
COUNCILWOMAN OLIVA: Can we do that, Jay?
TOWN ATTORNEY SCHONDEBARE: It all depends what you want to do with it.
COUNCILWOMAN OLIVA: I meal~, can you specify it as water shed area, but you
cannot put anything on it. It just has to be open space according to the way it
TOWN ATTORNEY SCHONDEBARE: It's ~:question of what was voted on, and I think
we have somewhere--I remember reviewing it--as to how it was presented to the voters~
and it was presented as open space to the voters when they voted on it in November.
JUSTICE EDWARDS: I'd like to make a a3mment, Frank.
ROBERT VILLA: We~d still be keeping it as basically open space, but to have the
limited use of it, which is certainly within the confi~es of the er)vJronmentaJ issue
of the whole Town. No one is ant[~:ipating going out there and using it for anything
TOWN ATTORNEY SCHONDEBARE;=. Why don't you hold off on passing it since the
idea of putting it in now was to get that 30 acres .....
SUPERVISOR MURPHY: This is just the public hea~h)g. We don~t have to pass it
tonight.
TOWN ATTORNEY SCHONDEBARE: Hold off on it and tau me what limited basis
you want to do, if that's what the ~oard wants to do.
COUNCILMAN PENNY: Can your committee meet with the Town Board and let's review
this, Bob.
ROBERT VILLA: By all means.
TOWN ATTORNEY SCHONDEBARE: Tell me what you want to do. I think you're
going to be limited to what the ¥oter~ approved in November. That's going to be
your problem, Bob. No matter how you look at it, that[5 going to be your problem.
ROBERT VILLA: it's a legal interpretation of what is open ~pace and what you can
do with it. It's just like farmland, you can build certain things on farmland--you
can't build residential.
SUPERVISOR MURPHY: Not all in the ~'arml~nd program. Our program you can't
build a house on.
ROBERT VILLA: That's right. I said you can build, but not residential. You can
build structures as long as they're not residential, and there should be a way of
being able to do it in a limited extent on this as well, as long as it's not environmentally
co~trary to what you're trying to do.
TOWN ATTORNEY SCHONDE[~ARE: Don'~ forget, the Town's Farmland Program to
buy development rights, as well a~ the program to allow you to buy open space, is
in the same paragraph of the Town Law--not Coul~ty. It's limited in the Town Law
fei- that definition.
COUNCILWOMAN LARSEN: When we Bt;st looked &t this, Bob, and we met with the
DEC shortly a~er the first of January, we also discussed in lieu of our recharge
area, of having the DEC i~vestigate the possibility of helping the Town roll over
~ I~age 4 PH LL-Ope~ S[~a,_'
Judith T. Terry ~/ -
5outhold ITown C Icj' k~
~:~:[~???.~ ~ ..~T~d:. has been regularly published
COUNTY OF SUFFOLK
r;,w entitfe~ "A Dxa 'Law ~n
*'~ial~°ntaO~Sl~mO£°pehI OPEN SPACE or OPF~
, N O 1 leu iS mm-H~R.diO_
I.~attizeS~UlhotdToa~ ' h'~ r~a{n~l, Raid maintain or
S~if~?-I zhr0ugh 2¢-9. ii,; Town l~aard, the Supervisor
-~ uf 'ah,ch the .¢nnexed
........ , ' ...... ; form thc foEowin8 duties: