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HomeMy WebLinkAboutLL-1998 #12Local Law iFiling NEW YOP.,K STATE DEPARTMENT OF STATE 162 WASHINGTON_ AVENUE, ALBANy, NY 127.31 (Use this form to file a local law with the Sect'emU of State.) Text of law'should be ~ven as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. of ..... .s..°_U.t_.h.-°J_¢. ...................................................................... Town Local Law No ............ !_2_ ..................... of the year 19.OJl_. A local law-.j_.n__B.e.!.a_t!_o_n..t_o_._C___r.e__a.t_!ng_._a.n..d_!$__t_a_b Ils_hi..na.A_U~mmuu[ty_.Px~r×ulio~.-- .£._u_n_.~_ ....................................................................... Be it enacted by the Town Board ~q~ o f __..S__o..u..t_hol d Town ............................. of the .......................... as follows:. LOCA~ LAW NO. 12 -1998 A Local Law to Establish the Community Preservation Fund as authorized by New York State Town Law section 64-e. BE IT E~ACTED by the Town Board of the Town of $outhold as follows: The Southold-Town Code is hereby amended to add a new Chapter thereto, to be Chapter 6, $outhold Community Preservation Fund, /krticle 1 of said.'chapter to read as follows: (If additlonai space is needed, attach pages the sam., size as this sheet, and number each.) DOS-~, (~-,. ~t) (1) CHAPTER 6 .... COP~K3NITY PRESERVATION FUND ARTICLE I Southold Cc~unity Preservation Fund ~6-1 Title. ' This chapter of the $outhold Town Code shall be known and may be cited as the "Community Preservation Fund." 6-2 through 6-6. (Reserved) 6.7 FINDINGS: The Town of Southold possesses a rich heritage of scenic, historic and natural resources, which are vital to the Town's sense of place and to its economic success as a community. The lands which comprise these resources are rapidly being lost to development, however, and the Town's special identity is in danger of being damaged forever. In furtherance of its objective of preserving the Town' s remaining natural, scenic, and historic treasures, the Southold Town Board finds it necessary to establish a dedicated fund for their conservation. Such fund is specifically authorized under ~ 64-e of the New York Town Law and is necessary to the enactment of a two percent (2%) real estate transfer tax, which is also authorized bv Town Law § 64-e and Tax Law Article 31- D and which the Town Board finds to be necessary to effectuate the Town's community preservation goals. 6-8 through 6-11. (reserved) ~ 6-12 Purposes. It is the purpose of this Chapter to establish and create the Southold Community Preservation Fund for the purpose of Community Preservation as that term is defined in Town Law section 64-e(1)(b) and section 6-16 of this Chapter. Community Preservation includes protecting and preserving open and undeveloped lands in the Town of Southold, including wetlands, woodlands, agricultural lands, shorelands, and the other natural resources of the Town; for the purpose of protecting historic places and properties within the Town; and for the purpose of providing the Town's v~sitors and residents with outdoor recreational opportunities, all in accordance with the provisions of § 64-e of the New York State Town Law and as more fully set forth therein. 6-13 through 6-15. (reserved) 6-16. Definitions. - As used in this chapter, the followin~ words and terms shall have the meanings indicated: ADVISORY BOARD - shall mean the Southold Community Presergation Fund Advisory Board to be established and created by the Town Board pursuant to Town Law section 64-e (5). COMMUNITY. PRESERVATION - shall mean preservation of community character which shall involve one or more of the following purposes: A. Establishment of parks, nature preserves, or recreational areas; Preservation of open spa~e, including agricultural lands; Preservation of lands of exceptional scenic value; Preservation of fresh and saltwater marshes wetlands; Preservation of aquifer recharge areas; or other Preservation of undeveloped beach lands, shorelands or shoreline; Establishment of wildlife refuges for the purpose of maintaining native animal species diversity, including the protection of habitat essential to the recovery of rare, threatened, or endangered species; Ho Preservation of pine barrens consisting of such biota as pitch pine and scrub oak; I. Preservation of unique or threatened ecological areas; Preservation of brooks or streams, rivers and river areas in natural, free-flowing condition; K. Preservation of foreSted land; Preservation of p~3blic access to lands for public use including stream rights and waterways; Preservation of historic places and properties listed on the New York State Register of Historic Places and/or protected under a municipal or local historic preservation ordinance or local law; and Undertaking any of the aforementioned in furtherance of the establishment of a greenbelt. COMMUNITY PRESERVATION PROJECT PLAN - shall mean the Southold Co~unity Preservation Project Plan to be adopted by the Southold Town Board pursuant to Town Law § 64-e (6) which shall be known as the Southold Community Preservation Project Plan. FUND - shall mean the Southold Co~nity Preservation Fund established and created by this Chapter pursuant to Town Law § 64-e. 6'17 through 6-19. (reserved) § 6-20 Southold Community Preservation Ftmd established. no The Southold Community Preservation Fund is hereby established as authorized by ~ 64-e of the New York Town LaW. Deposits into the fund may include revenues of the Town from whatever source, and shall include, at a minimum, all revenues from a real estate transfer tax imposed by the Town pursuant to Article 31-D of the New York Tax Law. The fund shall also be authorized to accept gifts of any such interests in land or of funds. Interest accrued by monies deposited in the fund shall be credited to the fund. In no event shall monies deposited in the fund be transferred into any other account. Nothing contained in this chapter shall be construed to prevent the financing in whole or in part, pursuant to the New York Local Finance Law, of any acquisition authorized pursuant to this chapter. Monies from the fund may be utilized to repay any indebtedness or obligations incurred pursuant to the Local Finance Law, consistent with effectuating the purposes of this chapter. F. Since 1980 the Town of $outhold has incurred or authorized bonded indebtedness in the amount of approximately $11,000,000.00 (Eleven million dollars) for open space purposes. The number of residents of the Town of Southold per the 1990 U.S. Census was approximately 20,000. The Town Board hereby determines and finds that the Town has incurred or authorized bonded indebtedness since 1980 for open space purposes equal to or greater than two hundred dollars per Town resident and thus the Town has complied with the per resident financial commitment requirement set forth in Town Law section 64-e (2). 6-21 through 6-23. (reserved) 6-24 Purposes of the fund. A. The purposes of the fund shall be exclusively: (1) To implement the Southold Community Preservation Project Plan for Community Preservation as required by § 64-e (6) of the Town Law; (1) (2) (3) allows public use and ~njoyraent in a manner compatible with the natural, scenic, historic, and open space character of such lands or interests in real property; preserves the native biological diversity of such lands or interests in real property; With regard to lands as open space (as opposed to lands acquired for active recreation use or public water access, or improved lands acquired for historic preservation reasons), improvements shall be limited to those designed to enhance access for passive use of such open space lands, such as naEure trails, boardwalks, bicycle paths, and peripheral parking areas, provided that such improvements do not degrade the ecological value of the land or threaten ~bsential wildlife habitat; and (4) preserves cultural property, historic properties, historic and cultural resources in a manner which is consistent with accepted standards for historic preservation. The Town may enter into agreements with corporations organized under the New York Not-For-Profit Corporation Law and which engage in land trust activities, in order to provide for the management of lands acquired pursuant to this Chapter, including less than fee interests in land. Any such agreements shall, however, provide that such corporations shall keep the lands under management accessible to the public unless such corporations shall demonstrate to the satisfaction of the Town Board that public access would be detrimental to the lands or to any natural resources or features associated therewith. 6-33 through 6-35 (reserved) 6-36 Alienation of land aoquired using the fund. ae Rights or interests in real property which are acquired with monies from the fund shall not be sold, leased, exchanged, donated, or otherwise disposed of or used for other than the purposes permitted by this chapter without the express authority of an act of the State Legislature, which legislature is required to provide for the substitution of other lands having equal environmental and fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold, or disposed of, and such other requirements as shall be approved by the legislature. Bo In addition to an act of the State Legislature, real property acquired with monies from the fund shall not be sold, leased, exchanged, donated, or otherwise disposed le - (2) (3) To acquire interests or rig~S in real property for the preservation of ~omm~mity characte~ within the Town, including the portion of any village therein, in accordance with Said plan; To establish a bank pursuant to a transfer of development rights program consistent with § 261-a of the Town Law, at the sole discretion of the Town Board; (4) To provide a management and stewardship program for such rights and interests acquired by the fund, consistent with the provisions of this chapter and in accordance with the Southold Community Preservation Plan. ~ The acquisition of interests and rights in real property under the fund shall be in~ cooperation with willing sellers. Ce Not more than ten percent (10%) of the fund shall be utilized for the management and stewardship program provided for in paragraph A (4) of this section. If the implementation of the Southold Community Prese£vation Project Plan has been completed, and funds are no longer required for the purposes set forth in paragraph 6-24 (A) , any remaining monies in the fund shall be applied to reduce any bonded indebtedness or obligations incurred to effectuate the purposes set forth in paragraph 6-24 (A). 6-25 through 6-27. (reserved) 6-28 AcquisitiOn of interests in property; public hearing and other requirements. ae Bo No interest(s) or right(s) in real property shall be acquired pursuant to this Chapter until a public hearing is held as required by ~ 247 of the New York General Municipal Law. However, nothing herein shall prevent the Town Board from entering into a conditional purchase agreement before a public hearing is held. Any resolution of the Town Board approving an acquisition of land pursuant to this Chapter shall include a finding that acquisition was the best alternative for the protection of community character of all reasonable alternatives available to the Town. A. Land(s) or interest(s) in real property acquired pursuant to this chapter shall be administered and managed in a manner which: - Id- 6-32 Management of lands aoquiredp~rsuant to chapter. 6-29 through 6-31 (reserved) of ¢~'~'lsed for other than the p!~oses permitted by this chapc~'r, except after complianc_.~with the alienation procedures set forth in the Open Space - Preservation Chapter of this Code, specifically Chapter 59. This section shall not apply to the sale of development rights by the Town acquired pursuant to this chapter, where said sale is made by a central bank created by the Town and pursuant to a transfer of development rights program established by the Town pursuant to § 261-a of the Town Law, provided however, that: (1) The lands from which said development rights were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set fort~b, in the definition of "Community Preservation" in this Chapter; and (2) That the proceeds from'~ any such sale shall be deposited in the Southold Community Preservation Fund. 6-37 through 6-38 (reserved) 6-39 SEVERABILITY: If any clause, sentence, paragraph, section, or part of this Article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. 6-40 E~'~CTIVE DATE: This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Clerk August 25. 1998 -l f- (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.} 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, desi~-nated as local law No ................ _1_2_ .................of 19--9--8._ of t. Lhe ~0~4( .~f)07own)(g~k~ of .... _S._o_.u.t._h._o_[_d.._ ............................................. . was duly passed by the .... -I--°--w-'-n----°-O-a--r--q ......................... on __A.o_~$.t_25 19 .gJ], in accordance with the applicable provisions of law. fiVame of Legidadve B~dy) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No ................. ' --- of 19 ...... of the (County)(City)(Town)(Vlllage) of ............................................................... was duly passed by the ............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after (b'a. me of. Ltgidad~'e Bo~y) disapproval) by the ................................................ and was deemed duly adopted on .............. 19 .... , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No ................................ of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 ...., and was (approvedXnot approved)(repassed after (3lame o/Legislative disapproval) by the ................................................. on ................... 19- .... Such local taw was submitted (Etecd*~ Chief Executive Offw~r~) to the people by reason of a (mandatory)(.permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(specialXannual) election held on .................. 19---- , in accordance with the applicable provisions of law. 4. (Subject to pet missive referendum and final adoption because no valid petition was Cried requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................. of 19 ...... of the (County)(City)(Town)(Village) of ................................................................ was duly passed by the ................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after [tVame of LegiMati,.e Body) disapproval) by the .................................................. on .................. 19 .... Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of .................. 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- wide basis or, if there be none, the chairperson of the county, legislative body, the mayor ora city or village, or the supervisor 0fa town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (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 .............. -. .............................. haviag been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) 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 o£ the Municipal Home Rule Law, and having received the affn'mative vote Bf a majority of the qualified electors of the cit- ies of said county as a unit and a majoriqt 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 certification.) I further certify that I have compared the preceding local law with the original on file ia th~s 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 ia- dicated in paragraph .....! ...... , above. Clcr~ of t~ Cmmty legislative body, CitydrTo~ra or V;n~ge Cle~ or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Seal) Date: Auqust 2eL 1998 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) s~'°v ~'w ~= FO LK COUNTY OF I, the undersigned, hereby certify that the foregoing local law contain~ the correct text and that all proper proceedings have been had or taken for the enactment of the local law ~xed hereto. Gregory F. Ya'Eaboski, Town Attorney Title ~Y of Southold Town Date: Affgust 2~, 1998 (3) ALEXANDER F. TREADWELL SECRETARY OF STATE STATE Of NEW YOrK DEPARTMENT OF STATE ALBANY, NY 12231 -O001 1519 ELIZABETH A. NEVILLE TOWN HALL 53095 MAIN ROAD SOUTHOLD, NY 11971 September 10, 1998 RE: Town of Southo!d, Local Law 12, 1998, filed 08/28/98 The above referenced material was received and filed by this office as indicated. law filing forms will be forwarded upon request. Additional local Sincerely, Jaffice G. Durfee Principal File Clerk Bureau of State Records (518) 474-2755 JGD:ml printed on recycled paper PUBLIC HEARING SOUTHOLD TOWN BOARD AUGUST 4, 1998 5:00 P.M. ON THE PROPOSED "LOCAL LAW IN RELATION TO CREATING AND ESTABLISHING A SOUTHOLD TOWN COMMUNITY PRESERVATION FUND". Present: Absent: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman William D. Moore Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Councilman John M. Romanelli SUPERVISOR COCHRAN: We have a public hearing on the 2% Land Bank Bill. Councilman Murphy, a member of the Land Preservation Committee, will read the public notice. COUNCILMAN MURPHY: "Public Notice is hereby given that there has presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of July, 1998, a Local Law entitled, "A Local Law in Relation to Creating and Establishing a dedicated fund for the preservation of open space within the Town of Southold (to be known as the "Southold Community Preservation Fund), said Local Law to establish Article 6 ("Community Preservation Fund") of the Southold Code. NOTICE IS FURTHER CIVEN that the Town Board of the Town of Southold will hold a public bearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the ~th day of August, 1998, at 5:06 P.M. at which time all interested persons will be heard. This proposed "Local Law in Relation to Creating and Establishing a Southold Town Community Preservation Fund", which reads as follows: CHAPTER 6 COMMUNITY PRESERVATION FUND ARTICLE I COMMUNITY PRESERVATION FUND pg 2 - PH ~6-1 Title. This chapter of the So~thold Town Code shall be known and may be cited as the "Community Preservation Fund." 6-2 through 6-6. (Reserved) § 6.7 FINDINGS: The Town of Southold possesses a rich heritage of scenic, historic and natural resources, which are vital to ~he Town's sense of place and to its economic success as a resort community. The lands which comprise these resources are rapidly being lost to development, however, and the Town's special identity is in danger of being damaaed -forever. In furtherance of its objective of preserving the Town's remaining natural, scenic, and historic treasures, the Southold Town Board finds it necessary to establish a dedicated fund for their conservation. Such fund is specifically authorized under ~ 64-e of the New York Town Law and is necessary to the enactment of a two percent (2%) real' estate transfer tax, Which is also authorized by Town Law ~ 64-e and Tax Law Article 31- D and which the Town Board finds to be necessary to effectuate the Town's community preservation goals. 6-8 through 6-11. _(reserved) 6-12 Purposes. It is the purpose of this Chapter to establish and creage Community Preservation Fund for the purpose of Community Preservation as that term is defined in Town Law section 64-e(1)(b) and section 6-16 of this Chapter.. Community Preservation includes protecting and preserving open and undeveloped lands in the Town of Southold, including wetlands, woodlands, agricultural lands, shorelands, and the other natural resources of the Town; for the purpose of protecting historic places and properties within the Town; and for the purpose of providing the Town's visitors and residents with outdoor recreational opportunities, all in accordance with the provisions of $ 64-e of~he New York Town Law and as more fully set forth therein. 6-13 through 6-15. (reserved) pg 3 - PH ~ 6-16. Definitions. As used in this chapter, the following words and terms shall have the meanings indicated: ADVISORY BOARD - shall mean the Town of Southold Community Preservation Fund Advisory Board to be established and created by the Town Board pursuant to Town Law section 64-e (5). COMMUNITY PRESERVATION - shall mean preservation of community character which shall involve one or more of the following: A. Establishment of parks, nature preserves, or recreational areas; B. Preservation of open space, including agricultural lands; C. Preservation of lands of exceptional scenic value; D. Preservation of fresh and saltwater marshes or other wetlands; E. Preservation of aquifer recharge areas; F. Preservation of undeveloped beach lands, shorelands or shoreline;.. G. Establishment of wildlife refuges for the purpose of maintaining native animal-~pecies diversity, including the protection of habitat essential to the recovery of rare, threatened, or endangered species; H. Preservation of pine barrens consisting of such bioEa as pitch pine and scrub oak; I. Preservation of unique or threatened ecological areas; J. Preservation of brooks or streams, rivers and river areas in natural, free-flowing condition; K. Preservation of forested land; L. Preservation of public access to lands for public use including stream rights and waterways; M. Preservation of historic places and properties listed on the New York State Register of Historic Places and/or protected under a municipal or local historic preservation ordinance or local law; and N. Undertaking any of the aforementioned in furtherance of the establishment of a greenbelt. pg It - PH ~ COMMUNITY PRESERVATION PROJECT PLAN - shall mean Community Preservation Project Plan to be adopted by the Southold Town Board pursuant to Town Law § 64-e (6) which shall be known as the Town of Southold Co.mmgnity Preservation Project Plan. FUND - shall mean the Community Preservation Fund established and created by this chapter. 6-17 through 6-19. (reserved) 6-20 A. C~L~unity Preservation Fund established. The Community Preservation Fund is hereby established as authorized by § 64-e of the New York Town Law. Deposits into the fund may include revenues of the Town from whatever source, and shall include the revenues from a real estate transfer tax impQ~ed by the Town pursuant ~o Article 31-D of the New York Tax Law. The fund shall also be authorized to accept gifts of any such interests in land or funds. Interest accrued by monies deposited in the fund shall be credited to the fund. De In no event shall monies deposited in the fund be transferred into any other account. Eo Nothing contained in this chapter shall be construed to prevent the financing in whole or in part, pursuant to the New York Local Finance Law, of any acquisition authorized pursuant to this chapter. Monies from the fund may be utilized to repay any indebtedness or obligations incurred pursuant to the Local Finance Law, consistent with effectuating the purposes of this chapter. F. Since 1980 the Town of $outhold has incurred or authorized bonded indebtedness in the amount of approximately $11,000,000.00 (Eleven million dollars) for open space purposes. The number of residents of the Town of Southold per the 1990 U.S. Census was approximately 20,000. The Town Board hereby determines and finds that the Town has incurred or authorized bonded indebtedness since 1980 for open space purposes equal to or greater than two hundred dollars per Town resident and th6s the Town has · complied with the per resident financial commitment requirement set forth in Town Law section 64-e (2). pg 5 - PH 6-21 through 6-23. (reserVe) 6-24 Purposes of the fund. A. The purposes of the fund shall be exclusively: (1) (2) To implement the Town of Southold Commmunity Preservation Project Plan for Community Preservation as required by ~ 647e (6) of the Town Law; . To acquire interests or rights in real property for the preservation of qommunity character within the Town, including the portion of any village therein, in accordance with said plan; (3) To establish a bank pursuant to a transfer of development rights program consistent with § 261-a of the Town Law, at the sole discretion of the Town Board; (4) To provide a management and stewardship program for such rights and interests acquired by the fund, consistent with the provisions of this chapter and in accordance with the Community Preservation Plan. The acquisition of interests and rights in real property under the fund shall be in cooperation with willing sellers. Not more than ten percent (10%) of the fund shall be utilized for the management and stewardship program provided for in paragraph A (4) of this section. If the implementation of the Community Preservation Project Plan has been completed, and funds are no longer required for the purposes set forth in subsection A above, any remaining monies in the fund shall be applied to reduce any bonded indebtedness or obligations incurred to effectuate the purposes of subsection A. 6'25 through 6-27. (reserved) pg 6 - PH 6-28 Aoquisition of interests in property,; %~ublic hearing and other requirements. No interest or right in real property shall be acquired by the fund until a public hearing is held as required by § 247 of the New York General. 'Municipal Law. However, nothing herein shall prevenk -the Town Board from entering into a conditional purchase agreement before a public hearing is held. Be Any resolution of the Town Board approving an acquisition of land pursuant to this Chapter shall include a finding that acquisition was the best alternative for the protection of community character of all reasonable alternatives available to the Town. §§ 6-29 through 6-31 (reserved) 6-32 Management of lands aoquiredpursuant to chapter. ke ~ands or interests in real property acquired pursuant to this chapter shall be administered and managed in a manner which: (1) allows public use and enjoyment in a manner compatible with the natural, scenic, historic, and open space character of such lands or interests in real property; (2) preserves the native biological diversity of such lands or interests in real property; (3) With regard to lands as open space (as opposed to lands acquired for active recreation use or public water access, or improved lands acquired for historic preservation reasons), improvements shall be limited to those designed to enhance access for passive use o$ such open space lands, such as nature traiis, boardwalks, bicycle paths, and peripheral parking areas, provided that such improvements do not degrade the ecological value of the land or threaten essential wildlife habitat; and (4) preserves historic properties, historic and cultural resources in a manner which is consistent with accepted standards for historic preservation. pg 7 - PH Bo The Town may enter into agreements with corporations organized under the New York Not-For-Profit Corporation Law and which engage in land trust activities, in order to provide for the .management lands acquired by the fund, including less than fee interests in land. Any such agre. ements shall, however, prgvide that such corporati6ns shall keep the lands- Under management accessible to the public unless such corporations shall demonstrate to the satisfaction of the ToWn Board that public access would be detrimental to the lands or to any natural features associated therewith~ 6-33 through 6-35 (reserved) 6-36 Alienation of land ac~tuiredusing the fund. Rights or interests in real property which are acquired with monies from the fund shall not be sold, leased, exchanged, donated, or otherwise disposed of or used for other than the purposes permitted by this chapter without the express authority of an act of the State Legislature, which legislature is required to provide for the substitution of other lands having equal environmental and fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold, or disposed of, and such other requirements as shall be approved by the legislature. In addition to an act of the State Legislature, real property acquired with monies from the fund shall not be sold, leased, exchanged, donated, or otherwise disposed of or used for other than the purposes permitted by this chapter, except after compliance with the alienation procedures which are set forth in Open Space Preservation Chapter of this Code, specifically Chapter 59. This section shalI ~ot apPly to the sale of development rights by the Town acquired pursuant to this chapter, where said sale is made by a central bank created by the Town and pursuant to a transfer of development rights program established by the Town pursuant to ~ 261-a of the Town Law, provided however, that: (1) The lands from which said development rights were acquired shall remain preserved in perpetuity by a permanent conservation~ easement or other instrument that similarly preserves community character as pg 8 - PH defined and set forth in the definition of "Community Preservation" in this Chapter; and (2) That. the proceeds from any such sale shall be deposited in the Community Preservation Fund. 6-37 through 6-38 (reserved) 6-39 SEVERABILITY: If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. 6-40 EFFECTIVE DATE: This Local Law shall take effect immediately upon filing with the Secretary of State as provided.by law. SUPERVISOR COCHRAN: Thank you. Is there anyone that would like to speak either in opposition, or support of the Local Law for the creation of the Community Preservation Fund? Would anyone llke to make a comment either for, or against? RAY HUNTINGTON: My name is Ray Huntington speaking for the Save Open Space Now group. We certainly support this law. It is the law that would permit us to go ahead on a voluntary program, that extends great options for all of the members of our community to preserve farmland, and open space, and our way of life. As such it is really a win, win type of law, because it gives us opportunities to do the things we would like to do, and we really do support it wholeheartedly. We would hope it that it would be past. SUPERVISOR COCHRAN: Thank you. Anyone else? Mr. Gold? JOE GOLD: Joe Gold, Southold. I, too, strongly urge the Board to pass this bill. This is a remarkable initiative because we know that everybody in town is in favor of open space, because we have passed $2,000,000 bond issues year after year, after year, and the landowners in this town have raised $11,000,000 to pay for open space. This gives us another source of funding, and a source that can be shared between existing property owners, and people desirous of moving into the town. That is one of the great benefit. The other great benefit is, the people who think this is a pg 9 - PH burden on the sale of a house ought to reminded that it is the beauty of our open spaces that has increased our real estate values, and that if we add open space to our existing inventory, those real estate values will only continue to increase, so this, as Ray said, is truly a win, win, and I really strongly support the Board to do so. SUPERVISOR COCHRAN: Would anyone else like to address the Town Board either in support or opposition? (No response) If not, I would like to have a motion to recess the hearing until August 12th, when we go to Fishers Island, and then we bring it back here on the 18th. I don~t want to close it. Moved by Councilman Murphy, seconded by Councilman Moore, it was RESOLVED that a recess be called at this time, and to be reconvened at the Fishers Island meeting on August 12, 1998, and at the Regular Town Board meeting on August 18, 1998. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Moore, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Ehzabeth A. Nevdle Southold Town Clerk .~O'l'l( ;I,'. 01: .~,l)()l)'l'lO~ pul~lk'.hct.'inf:, ~,'t% hukt hv 1.0~%1 {t);!'IX[ 0{' I}1C [t)~%J "% I..O('%1 I ~%%'1~i'()~1~(~ Fill: (,'ONVEY %XCI. ()F 'll~ltl'.N'l'N I~ RILAI PI~OI'- I'.RIY IN Till: I'()WN O1' I'1 II, 'IN('()I(P(')I~,'¥1'I~I) VII · I'I'EI') I~ 'l'llr~ ~ouI'IIOI,I) 'I'i(.)N Fl iNI) F()R, I'1 I1: I'[ iR- I)()SU OF I)RI~SI.3~VIN(i OPI;]N SPACI~ A'NI) HIS- TOWN" alJlOlltJJll~ thc Codc or thc 'l'o~n o[' Southold b)' add- 6 (Uommunity' Ih'L'scr%'atiun oiTiJHcrcsls'in ~c~l propm'l~'in thc iown. wiJh lJlo I'0¥OllllC~ thoro- upon s~cc. ,si~[IJi]cunl ,nalu~l arc~s.'und hbloric plac~,s witllhl This I,,ocal [.t~w shall Iilko provul ut lllc ~cflcral tluciio[i to ' }[y ol'lh~, qut, lJl]cd cJCClO]S of"lJlR cci ~,-31. %JOIltJ;IV [JlrouEh Friduv. I'iY ()1~'1),1~1( OI7 I I I1~ I'OWN [)1' SOIJIIIOI D. XI:W Y()RI< I'()%~ N ("1 I~I(K COU~TY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says'that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the n°- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for ......................................... ./.. ........................... weeks ~uccessively, co m m~/~.~ o n ~h; j ~..~ ........... Sworn to before ~~.. .............. day ~of ............................... ?..... !~....~....f..1."..~.. ,19..~ ......... ............ Notary Public BARBARA A. ~CHNEI.D~ NOTARY PUBUC, State of New York No, 4806846 ({ualified in Suffolk ColJlly ~ I.I'X ;AL .~O'I'ICI'~ · qq¢)'l'l(?l': OF' · I,I..'BI.IC IIE'AR'I~(: 0~' ... 'I..O(LM..I.A~.' '" :: I~UBI:i(":: N()'I~I(3~ "'1~''~ B'( u~;'d ~).1' Iht':' I'0~% Jl pi' Somhold.. Lhc )l~t da~' ~)l' Juh' i*}9~, a' I .o~d '1.'~ '~n'lhl~,d:';'A: J .a~F.h) ]{cJ;Hh)J) Ih ('J'CaLJh~ and J'or .1~]~*'~l~ro~cl'~ alion oJ' open ' ~pa~'wilhhl Thu' i'o~Cn.61'. ~ 6-16. I)clinitihn~. ' · .%outhord (io 'h~.' blo~%u as ]fie ' As.usud':m"LIh~' .chapw~, thc "% ,u hokl ('ommun[Lv I~f'es~'r~ fi- IblloLvifig'~ ord~al)d tcr~l~ shall LJ( n I Lind.. ). ~a]d. . I.ocal.,,. I.a~. k hn~c (h~ hi~;mit~S.'i{idica{~f: csLablih i ~ruclc (,.( .(?mnmz, . A'I)~'ISOI~Y'1~,~:~'1~1): ~hal'l nil) I rc~cryalton I'LLI}d')AH.~I)c mmimt Ihc'T4~L~'n:ol'.Southold . ~(mlhold I'ox~n'('odcC'~.<~'~ .'. ?~')' Coml]lLJmlilv I'm'd~di;Vai'ion'l:undl' ihaL Iht Im~ u Boa~l bi'die I o&&,,, lishcd mfd crcaicLlb~ 'kEc o' Scut. hold will I'u:d~l it pb61ib" I'Juarm~ oh Ih6 af~)r6~u d i.&al'. I.a~ nl.Lhc SoLqhold :l'0¢vn 5]095 Main n)ad;'Sou{hold.. YorL on Lhe 4th day o~' I~ ~ )g. nl ~:d0 [ ~ .M: ~;~' x~'hK:h~imb all int~J'~%ted .p~r~(?n~ Will Ilcm'd. Ibis proposed "l:ocal la&( iff" RcluLion lo Crcafin~ ~nd I:sL~th? [ishin~ a SOLIthold Town (~)Jn- nmuiLy I)re~er~ aLi'(m FLmd". ~% I'Jich reads a% Ibl I.(X:AI. L.AW NO.'- I BF rr EN:,~CTEI) I~oaf'd of. the I own of Soulhold 'l"he Soulhold 'l'o~vn C(~dc hc~by mnendud to add Chapter 6 Ihermo' and thc Ibllm~ in~ pro- ~ Kimls. IO be fimnd al C'llapLcr 6. ("ComnlLulity [)l'C~er~ aLi(m I:und") of Lhe Town .Code al Ar- dc'lc I ol'~id cJmplCl', said.pro- vision5 Lo r6ad as Ibllows:.. CI I,.?'I'ER 6 COMM [ ~ ~ I'I'Y PRESI:RVA I'[(')N I'U ~1) ARTICI.E I Commufiity PreservaLion .Fund ~ 6-I.TiLIc I'his'.cl',.'lj~ter of thc Southold pitch pirie bnc~'~i:ruh bilk':. . Im~n.Cocle shall h~ knox~n and ' I. Prc~rvaliOn of unique or max he cited as thc '?mlm0uitv. ' thl~aten~d..ecological a'rea~: J)I'~SCI%'aLiOt1'f:LUld.' ' ' ' J. l?rbser~ution'of brooks or ~ 6.7 FI% DI NC~S~ ' nuLural. Ircc-Ilowin~ condilkm. hJstoJ'ic arid nattlraJ, %%llidl,:lrc \ ital to the 'l'bwn'5. sense o1' ~Jhc~ and Id' its ceo-' nomic SL,eCCSS US a',~si~n'mn-. nmniLv..The, lands which c.om~ · prisd fhcS6'tcsourc'~s hcb:rapidl¢ ..' ~:cing Io,~L t0 dca'eloping'iL ho''~ <cr,"a d[.chf '('m~.n'..'. ~ )'~ial' ' idenLi[~ i~ iu.dan~e~ 6f h~in~ .". dm'mi~d .Ib~ver. I~ I~r'Lhei'an~ of ils i~bjecLive or )~se~ ing I'h~: ' nic and hist(h'id~Lrgusu'rL,~: the South61d 'l'own'l'~6ml Iinds. h ' necessary, lu e~t~hJi~h .'d dedi-. CaLed I'u~d Ibr II~eii c0n~er~.a-. Lion. ~ueh I~lnd i~ s~ecili~al'l~. auLhori/ed under f6~z¢ df II~q. ~%~. York '1'o~ n I.m~ and is ncc-. cbs'aD .LoJhc cna¢LlllOnL ol'a K. Presefx:atioa or I'orc~tcd . land: .' ' ' . E'."PA:~crx:ation o1' public: tess to lands' Ibr phblic use ,in- cludbg strums'fights and Water- ~a~'s;', . M. P. rcser%aLion 'of hi'sr(yri~: pklccs'tiiid:pr6 ~rtics' I stbd on' the Nc~':'Yor[ Sthte'Rc~istc~ o1" II is~oric: RIm'c'g and.'oq~oteclcd . uudcY fi:m'unici~al or Iob;il his-. took' prcser'~tion ordinbncL.'m' Iocal'l~}~';'and . .' : '' N.'i',~dem/khm' m'q'.of ~d' tdbix'menti[~r~ed in~'UrLh~run'cc o1' thd fi~lablisl)] e t.9, } g 'ce ~bc.. COMMUNI'I Y' 'I'IOS PR(')JI:CT PI.AN -~lmll mCail Collununil~ Pl:CS'~l'~a~k)u Project lihm m'bc~ldo ?lcd hv Ih}'. S0~"l;oId 'i i~x~ n Board. i0i~ualil'. tO 'lm~ n'lb~: ¢ ~i4-c (6) x~ c ~".. shull be knm~ n .as..thc 'l'owu..bJ' pcrcm'u (:2",,).rcal:eslale rails- ' SLzL]lh'old.(:'o])lmtnlil','l~'csc-~- '1 own: Board finds m bc ncco~r Ii>hod mid created hx this chap- sarv tn cl'lkclume thc 'l'qx~n's ter. ' "' ' c(,hmunily preservalion goals... ~'~ .6- 1'7 'lhrtJu~h' 6-Ig. (J'c- ~¢ 6-8 Ihrough. 6-11. (Fez .'~ervcd) scr~ ed) . ~s ~-_0, ~ Ct~fiununilv I rcser~a- ~ 6-l~ Purposes. . titan Fired C~l~d, lJsh~rd . h is thc purpose (}l'tliis Chap- A. rhc Community Ih'c~crva- tot. lo establish, and create. Corn- lion Fdhd is hercbv~slabl/shed munib' Ihx'sc~x'ation I'und Ibrihc ' tis authofi/ed by ~ 64-e of thc puq)osc of Communily Preset- New York'los~n'Lm~. B. r)el')Osils into thc .Ihrld 'incltldc :req.'clmes 'of thc I?om ~ Ilii't6'~'er sou'me, ilnd shall ' inclu?e thc're~'e/iu6s Ii:om ff ~al ' . estalc tft 1~ ~r It x nlposc( .kbv. · Lhc '~b~if1~t(mgtiaJYi,l~)',Srl.i61e ~,'12 '. C. 'Fh~limd. ~hhll also hc,~id:" ' ~uch jnte,'egL~ml ma3d.br Ibnd~. ' Inlorc~L.a~:crued by fi~0hics )o~it~d ih'Lhe I'Lmd~hull iled:'Lo tllu' I~ind. dc ~o~iLcd .~n t.ll~x Jillld be ti:timid- est'cd iiltd nnv tither a~'~L/il!.' .. chapter .~li'~HI .b~'. ~pust~:~ed' 19' pre~ 6n~ th~. I~nandhlg'.'in '.~ or ii1 ptirL 'lSfi'rsuqt~f.io York I.ocal Einhnde law. or~m' ' ~ cqidsi( bn uiitli~)~ i'd3 hL ~ ~iid~... tbnd film' b~ tiiili~cd ti:~'re~i~ ~d~' ~6d ~e~".r 'o ~ gaff ~. is'he . .. carr~d'pdrsudht to ~hc Li~ca~ Fir ' nal~cc hl~, .Ct~llSiSt'Cl~l' ~' ith e. lt~q- :.. ch~lpl~J'. . · :, St)ulhokt l~as incun~d J(~.r aulh~)- ." .ri/ed' bonded indeblcdness in Ilie . anlounl of.approxim~lelv SI I,(}00,000.00 ([}~x'm~ J ion dollars).lbr open space pu ~)s0~ I'he ilunlbcr t)f'l'csidenls . (q'dic 'lknx n ol'Soutl?ld per the 199(~ [;.S. { 'cnsas 5~ as approx r I[~ y 20,000.' 'he'l owrl Bbard hereby dmermines an[t finds Lhal. ll~e Town has ihcun'ed orhutho- · riTed bonded indcbtcdnes~ sincb 1980 Ibr open spaCC'l~L{rposcs . CqLlaJ lo.or gF~tl[Cl; Jhtln [~ O hun- dmd dolhu'~ pcr'l'm~n r~d~nL ' alld thLl~ Ih~ 'ro~ n ha~.compficd ~Ohll[l~tnl~l~L I'CL.LI h'~i~Tl~ n L (~.' ~ 6~1 through 6-~. (rc- ~r~ ~d) .' ' ~ 6-~ I)u~'~o~c'~ oJ:~hc tim& .. ,,~. 'rh~ I~urp()~d of th~ J'LJnd ~hull ~ ~OLILhoI~ (:~onlnlurl[tv Pr~l'Va- ' .. don Pn)i~ct I)hLn'lbr ~'omnlLinh:v · c (6) di'lh~ '1'o~ n I..aw; ' ~?) '1'o acquh:~ ifiLer~L~ or ~l'~m~ a~Joh o~oUlillUfiiw ~har- Jn~Jcc~)[~ancc,wJLh 8fdd pJan; ' (3) T(~'estt~btish ~ butik pm'sO- . anl to a'lmnstkr'oJ'd~veh~pment ri~lllS im)~ram.consislL'l~f with. ~ ~26 I-a olhhe Town I.mi ,.~11 the sclc dis~}'etion oiVthe 'l~)wn' B/)arcJ: (4) '[o pmvid~ u mahag~rnerlt and s~ex~urd~hip pro~rmn q~ch ri~hLs and inlereslS' quif~d.bv Ilic':fimd: 'consistm, ~ ith ihe i~rik i~sk)d~:oC:this Let' ~nld' in a~cor~tance x~ ith Ih~ C(,mmLnl'itv P~es~rx ~iion Plnn. ' B: Thc a~qui~itimi or interests and rights in'real pr/)pcr[y under Lhc'liJnd shnll.bc in.c(x)p~raliod ~ ith.williug C. ~i,I m~)rc ~h'ufi Lcn percenl f 1'0%).of Lhe I~lrlc~ shMI he' uti- Ii/ed .fin: 1.1~ nlarla~enl~ml, and . ~t~a~dship progranr im,~'id~d Iht.in pamgrhph A (4).t)l'fllis {ioo. ' D. If ~hc iml)lenl~nLmion ol'lhe ('om nlLm.i~y 'Pr'escrx inion PJ'~ZjCCl Phm :has. bdcn pitted, and ll,nds m'e no'h)n~er J'CqLii~:~d fin' :tlic pLn'pbscs ~L Ibl'(h hi ~L~b~C~lk)u..~'a{m% e. arb rcnmining m~)uics in t'he 'fired ~hall hc upplied t/) reduce any houdcd indcbledncss'o~ obli~- ' 'lions' incurred Io efl~'cma~c thc pUl'l~OS~ of'suhsectior~ &. ' ~ 6-25 Lhr(m.gh 6-2~. trc- sun ~ 6-~8 Acqui.siti&~ ol'inlcrests in 'properly: p~blic hcarin~ and other r~,qu h~lClllS. ,.V No intercsl 'or right in real pr(~pi2rLv s huh:. bg: ac~.lUii'¢d .t/y held a~rcquircd by ~.247 ol'the Nc~' 5.o}'k '(i~nci'al Mui~ici I .m(', ,I Ip(~c~ qr.';.~}kh h'iqg herein pLJr'ch['is~' aE~:(~cm~i/l:: t~'dforc a '..~..6732 'X.hme.cnifi'nt '61' I~mds ~hcl '. '. '.:" (I') alh)ws i~Llblic"u~c'~ffld 'en- o~% nlOnl iu a mahriq~ con.~ ~mihle Jands or mlcrests in real prop- .(~) )reserves t'he' nalive bio- I(mimd dix:crsit~' o fsukh:lm~ds' or in ~'¢b~s I~ reaJ (3) Will'~ regard Lo.latlds open spats (~is oRposed Lo hinds acquired li)r adh~' uso or public ~aler a~ccss..o.r irnpro~ cd hinds a?quired litr his- Ior[c prcsorlalJoll rgah(ins), ira- ' Lnlii~. hqardwalks, bicyoIc paLJls. · and I~rJpJlm'al parkin~ pro~ i(.Jgd Ihal ~LI~J', [rnprdvgnl~'Um (4) j)l~gl'VU~ hislo['ic prol)cr- dard~ I~)r Jl[~LorJc. pr~ation. B. 'rhu J'owrl ma~ clllcr Jnlo a~I'OL'nlL'IILS with Ci)l'pbraLi~ms orgalii/ed ul~d~'r tile Ne~.Y.ork Not-For-I~ro. fil Corporatim'l I..a~ aud which engage in land i~LISt t/c[i.x /lies/ .in .qrder..to pro- x d.c Ibr L lC nallag~.' Ic~ oct uircd b~:. thc llmd, includin'g ess t mJ~ ~cc inleJ'eSls in hind. /~n>'such u~rcmi'/eni'~ slmll, how- ertl', prm kit thai such cof. l~ora- Ii(ms shall keep [I)c hinds LJJ)der managenlcnt, aeccssihlc io thc public' u~lcss' such 'coiporations shall dcnloustrat~ 'Io Lhc satis- IhcLion :o1~ the 'l o~ ~1 Board Ihal. public acccs~ ~OL(kl. 5e d6tri- nlenl~l t(~ Iht ']ands or 1o ~JlV naLurtil I'dhtLf~;~' associate~l LherewiLh. ' ] 6-36 Alib~ation 'o1' huld 'uc- qujred u~in~ fl~e.lbnd. A.. Ri~h~s oJ' imcreHs :in propc[~y xk hiQi are ucqui~[I ~ ilh nl(hlieS Ih)n1 the Iimd shall not oF Lt~ed Ibr other dlafi thu poses permil&'d hy Ihix 'chap- tcr ~ ilh()Lll Iht ux ~'css mllJ'lor- is[nlin:d, whicl~ lu~i~laLurc 'is required Io imk'idc Ibr Iht ~uh- ~titution 61'other bnd~ ha~.ifig L;(ILlaJ' Ull~ ironnlcnlnl dnd Ihir c} ~fivt~lenl usclbhlds<tJ~l~ It.)ct[- t~on. Lo lJlose to bc dna(') ued,'~it, d 'o' d/~posed o/: shall be bppi'd~ cd bv the [~. In addhioh ~o an uct (.)l'Lhe .~tulc I.e~islalur¢. ~al propcrL~ IbFtl'i a- tioJ ~t put 'h'di-6:F I')Ur ::~.il:d~q.'~l-. III COILS Ell~~ d~'li Ih'cs~l'~ ~' ~() lis D,\'i2r~2' ac~ in' '1~,r,~.5i21;,~ c~l !:.br. Llflib,' arid · :. (',J)' I'lml. I I~J".'i';r',)io~ls ~'om. nn.x' su;,:h sale' st;;~ll' 'bd dc ~6.~- ilcd'in .lhc"~.'6ihmL. mibl.'lh.c~crZ ~tlll~h~ I;ulld.. · ~ (,-35 Ihl:oubh'6-38 (rc- qCl'~ cd)' ?' .... ~.6-39 SI':.VI RABll grdj*h.Y sccdoh2' or. '[ .oebl I,ax~ .shalJ be. ad udgcd till5. ~otU'l ~)1' co11~ pelCnl .lUl'i~- dtction iq'be.: itJtl~JlleJll slmll :l~ai~;~. &;;.in~:alidalc.lh~ rL, maid- del Iher~,ol; .l~ul ~hall finc~: iii 'i~ :oi)c~adoh. n~ ~hc ~ecuon. o ~1~ "hcr¢o.I directly involve;d .i~ thc..codlrovcr~ ~ hich.shchjud~n~cnl shall.ha~:e ~ 6-40 IWI/ECTIVE DA'I E:" ThN Local I.aw,hnll I~ct. immediately., u~on. filin~L ~ i[h Ihe ~ccrchu'v: m~/v'~dci'l I~~ hRv ' ' n~ailahle in the' ()t3~cc.of.fife 'l'o~:n Clerk Io uny iuter~ed KI(12AI~{(~TI I A.f~FVI;I .l'.t~hi SQ~ I'1 IO1.1).1 ':' I X'-? .3(.) 98(.24.~)