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S06847 Summary:

S06847 Actions:

S06847 Committee Votes:

S06847 Floor Votes:

S06847 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6847                                                  A. 7647
 
                               2021-2022 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                      May 19, 2021
                                       ___________
 
        IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment
 
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Local Governments

        AN ACT to amend the town law, in relation  to  the  Peconic  Bay  region
          community  preservation fund; and providing for the  repeal of certain
          provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions 5, 9 and 10 of section 64-e of the town law,
     2  as amended by chapter 551 of the laws of 2015, are amended  to  read  as
     3  follows:
     4    5.  The  town  board  of  any town in the Peconic Bay region which has
     5  established a community preservation fund shall create an advisory board
     6  to review and make recommendations on proposed acquisitions of interests
     7  in real property or water quality improvement projects using monies from
     8  the fund. Such board shall consist of five or seven legal  residents  of
     9  the  municipality who shall serve without compensation. No member of the
    10  local legislative body shall serve on  the  board.  A  majority  of  the
    11  members  of  the board shall have demonstrated experience with conserva-
    12  tion and land  preservation  activities  or  water  quality  improvement
    13  activities,  or historic preservation activities. The board shall act in
    14  an advisory capacity to the town board. At least one member of the board
    15  shall be an active farmer.
    16    9. Lands acquired pursuant to this section shall be  administered  and
    17  managed  in  a  manner  which  (a)  allows public use and enjoyment in a
    18  manner compatible with the natural,  scenic,  historic  and  open  space
    19  character  of  such lands; (b) preserves the native biological diversity
    20  of such lands; (c) with regard to open spaces,  limits  improvements  to
    21  enhancing  access  for  passive use of such lands such as nature trails,
    22  boardwalks, bicycle paths, and peripheral parking  areas  provided  that
    23  such  improvements  do  not  degrade the ecological value of the land or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11291-01-1
        S. 6847                             2                            A. 7647
 
     1  threaten essential wildlife habitat;  and  (d)  preserves  historic  and
     2  cultural  property consistent with accepted standards for historic pres-
     3  ervation and permits adaptive reuse of such properties that is  consist-
     4  ent with the historic character of the property, while maximizing public
     5  use  to  the  maximum  extent practicable. In furthering the purposes of
     6  this section, the town  may  enter  into  agreements  with  corporations
     7  organized  under  the  not-for-profit corporation law and engage in land
     8  trust activities to manage  lands  including  less  than  fee  interests
     9  acquired  pursuant  to the provisions of this section, provided that any
    10  such agreement shall contain a provision  that  such  corporation  shall
    11  keep  the  lands  accessible to the public unless such corporation shall
    12  demonstrate to the satisfaction of the town  that  public  accessibility
    13  would  be  detrimental  to the lands or any natural resources associated
    14  therewith.
    15    10. Rights or interests in real property  acquired  with  monies  from
    16  such  fund  shall  not be sold, leased, exchanged, donated, or otherwise
    17  disposed of or used for  other  than  the  purposes  permitted  by  this
    18  section  without  the  express  authority  of an act of the legislature,
    19  which shall provide for the substitution of other lands of  equal  envi-
    20  ronmental  value and fair market value and reasonably equivalent useful-
    21  ness and location to those to be discontinued, sold or disposed of,  and
    22  such  other requirements as shall be approved by the legislature.  Noth-
    23  ing in this section shall preclude a town, by local law, from establish-
    24  ing additional restrictions to the alienation of lands acquired pursuant
    25  to this section. This subdivision shall not apply to the sale of  devel-
    26  opment  rights  by  a town acquired pursuant to this section, where said
    27  sale is made by a central bank created by a town, pursuant to a transfer
    28  of development rights program established by a town pursuant to  section
    29  two  hundred sixty-one-a of this chapter, provided, however (a) that the
    30  lands from which said development  rights  were  acquired  shall  remain
    31  preserved  in  perpetuity  by a permanent conservation easement or other
    32  instrument that similarly preserves the community  character  referenced
    33  in subdivision four of this section, and (b) the proceeds from such sale
    34  shall  be deposited in the community preservation fund.  Nothing in this
    35  section shall preclude a town from utilizing development rights acquired
    36  with monies from the fund from being utilized to provide community hous-
    37  ing, provided that such  development  rights  have  not  been  expressly
    38  extinguished  at  the  time of acquisition. The   lands  from which said
    39  development rights were acquired shall remain preserved in perpetuity by
    40  a permanent conservation  easement  or other  instrument that  similarly
    41  preserves  the  community  character referenced in subdivision  four  of
    42  this section. Where such development rights are sold, the  proceeds from
    43  such  sale  shall  be  deposited in the community preservation fund. For
    44  purposes of this subdivision, "community housing" shall mean  a  primary
    45  residential property where the purchase price limit shall not exceed one
    46  hundred  fifty  percent  of the purchase price limits established by the
    47  state of New York mortgage agency low  interest  rate  loan  program  in
    48  non-target categories for the county.
    49    §  2. Severability clause. If any provision of this act or application
    50  thereof shall for any reason be  adjudged  by  any  court  of  competent
    51  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    52  invalidate the remainder of the act, but shall be confined in its opera-
    53  tion to the provision thereof directly involved in  the  controversy  in
    54  which the judgment shall have been rendered.
    55    § 3. This act shall take effect immediately.