N.Y. Town Law § 64-e

§ 64-e. Peconic Bay region community preservation funds. 1. As used in\nthis section, the following words and terms shall have the following\nmeanings:\n (a) "Peconic Bay region" means the towns of East Hampton, Riverhead,\nShelter Island, Southampton and Southold.\n (b) "Community preservation" shall mean and include any of the\npurposes outlined in subdivision four of this section.\n (c) "Board" means the advisory board required pursuant to subdivision\nfive of this section.\n (d) "Fund" means the community preservation fund created pursuant to\nsubdivision two of this section.\n (e) "Water quality improvement project" means: (1) wastewater\ntreatment improvement projects; (2) non-point source abatement and\ncontrol program projects developed pursuant to section eleven-b of the\nsoil and water conservation districts law, title 14 of article 17 of the\nenvironmental conservation law, section 1455b of the federal coastal\nzone management act, or article forty-two of the executive law; (3)\naquatic habitat restoration projects; (4) pollution prevention projects,\nand (5) the operation of the Peconic Bay National Estuary Program, as\ndesignated by the United States Environmental Protection Agency. Such\nprojects shall have as their purpose the improvement of existing water\nquality to meet existing specific water quality standards. Projects\nwhich have as a purpose to permit or accommodate new growth shall not be\nincluded within this definition.\n (f) "Wastewater treatment improvement project" means the planning,\ndesign, construction, acquisition, enlargement, extension, or alteration\nof a wastewater treatment facility, including alternative systems to a\nsewage treatment plant or traditional septic system, to treat,\nneutralize, stabilize, eliminate or partially eliminate sewage or reduce\npollutants in treatment facility effluent, including permanent or pilot\ndemonstration wastewater treatment projects, or equipment or furnishings\nthereof. Stormwater collecting systems and vessel pumpout stations shall\nalso be included within the definition of a wastewater improvement\nproject.\n (g) "Aquatic habitat restoration project" means the planning, design,\nconstruction, management, maintenance, reconstruction, revitalization,\nor rejuvenation activities intended to improve waters of the state of\necological significance or any part thereof, including, but not limited\nto ponds, bogs, wetlands, bays, sounds, streams, rivers, or lakes and\nshorelines thereof, to support a spawning, nursery, wintering,\nmigratory, nesting, breeding, feeding, or foraging environment for fish\nand wildlife and other biota.\n (h) "Pollution prevention project" means the planning, design,\nconstruction, improvement, maintenance or acquisition of facilities,\nproduction processes, equipment or buildings owned or operated by\nmunicipalities for the reduction, avoidance, or elimination of the use\nof toxic or hazardous substances or the generation of such substances or\npollutants so as to reduce risks to public health or the environment,\nincluding changes in production processes or raw materials; such\nprojects shall not include incineration, transfer from one medium of\nrelease or discharge to another medium, off-site or out-of-production\nrecycling, end-of-pipe treatment or pollution control.\n (i) "Stormwater collecting system" means systems of conduits and all\nother construction, devices, and appliances appurtenant thereto,\ndesigned and used to collect and carry stormwater and surface water,\nstreet wash, and other wash and drainage waters to a point source for\ndischarge.\n (j) "Vessel pumpout station" means a project for the planning, design,\nacquisition or construction of a permanent or portable device capable of\nremoving human sewage from a marine holding tank.\n 2. The town board of any town in the Peconic Bay region is authorized\nto establish by local law a community preservation fund pursuant to the\nprovisions of this section. Deposits into the fund may include revenues\nof the local government from whatever source and shall include, at a\nminimum, all revenues from a tax imposed upon the transfer of real\nproperty interests in such town pursuant to article thirty-one-D of the\ntax law. The fund shall also be authorized to accept gifts of any such\ninterests in land or of funds. Interest accrued by monies deposited into\nthe fund shall be credited to the fund. In no event shall monies\ndeposited in the fund be transferred to any other account. Nothing\ncontained in this section shall be construed to prevent the financing in\nwhole or in part, pursuant to the local finance law, of any acquisition\nor water quality improvement project authorized pursuant to this\nsection. Monies from the fund may be utilized to repay any indebtedness\nor obligations incurred pursuant to the local finance law consistent\nwith effectuating the purposes of this section. Where a town finances an\nacquisition or water quality improvement project, in whole, or in part,\npursuant to the local finance law, the resolution authorizing such\nindebtedness shall be accompanied by a report from the town supervisor\ndemonstrating how said indebtedness will be repaid by the fund. Said\nreport shall include an estimate of projected revenues of the fund\nduring the period of indebtedness. The report shall also provide an\naccounting of all other indebtedness incurred against the fund to be\nrepaid for the same period. The town board shall make findings by\nresolution that there will be sufficient revenue to repay such\nindebtedness in its entirety from the fund before authorizing such\nindebtedness.\n 3. The purposes of the fund shall be exclusively, (a) to implement a\nplan for the preservation of community character as required by this\nsection, (b) to acquire interests or rights in real property for the\npreservation of community character within the town including villages\ntherein in accordance with such plan and in cooperation with willing\nsellers, (c) to establish a bank pursuant to a transfer of development\nrights program consistent with section two hundred sixty-one-a of this\nchapter, (d) to provide a management and stewardship program for such\ninterests and rights consistent with subdivisions nine and nine-a of\nthis section and in accordance with such plan designed to preserve\ncommunity character; provided that not more than ten percent of the fund\nshall be utilized for the management and stewardship program, and (e) to\nimplement water quality improvement projects in accordance with a plan\nto preserve community character. A maximum of twenty (20) percent of the\nfund may be utilized for the implementation of water quality improvement\nprojects; provided that where such water quality improvement funds are\nutilized for the operation of the Peconic Bay National Estuary Program,\nthe use of such funds shall only be utilized to match federal, state,\ncounty, or other public or private funds on a dollar for dollar basis,\nnot to exceed ten (10) percent of the annual amount appropriated for\nwater quality improvement projects. If the implementation of the\ncommunity preservation project plan, adopted by a town board, as\nprovided in subdivision six of this section, has been completed, and\nfunds are no longer needed for the purposes outlined in this\nsubdivision, then any remaining monies in the fund shall be applied to\nreduce any bonded indebtedness or obligations incurred to effectuate the\npurposes of this section.\n 3-a. Preliminary and incidental costs in connection with the\nacquisition of interests or rights in real property, pursuant to\nsubdivision three of this section, shall be deemed part of the cost of\nthe acquisition for which they were incurred. Such expenditures may\ninclude any administrative or other expenditures directly arising\ntherefrom. No expenditure shall be charged to the fund, unless\nauthorized by law. A full accounting of such costs for each acquisition\nof land shall be provided to the town board.\n 4. Preservation of community character shall involve one or more of\nthe following: (a) establishment of parks, nature preserves, or\nrecreation areas; (b) preservation of open space, including agricultural\nlands provided, however, that farm buildings and structures used for the\nmarketing of farm products produced on such agricultural lands where at\nleast fifty percent of the gross annual income results from sales of\nproducts produced on such lands and, in addition the sale of any other\nlocally sourced and/or produced food and plant products shall be\npermitted; (c) preservation of lands of exceptional scenic value; (d)\npreservation of fresh and saltwater marshes or other wetlands; (e)\npreservation of aquifer recharge areas; (f) preservation of undeveloped\nbeachlands or shoreline including those at significant risk of coastal\nflooding due to projected sea level rise and future storms; (g)\nestablishment of wildlife refuges for the purpose of maintaining native\nanimal species diversity, including the protection of habitat essential\nto the recovery of rare, threatened or endangered species; (h)\npreservation of pine barrens consisting of such biota as pitch pine, and\nscrub oak; (i) preservation of unique or threatened ecological areas;\n(j) preservation of rivers and river areas in a natural, free-flowing\ncondition; (k) preservation of forested land; (l) preservation of public\naccess to lands for public use including stream rights and waterways;\n(m) preservation of historic places and properties listed on the New\nYork state register of historic places and/or protected under a\nmunicipal historic preservation ordinance or law; and (n) undertaking\nany of the aforementioned in furtherance of the establishment of a\ngreenbelt. Preservation of community character shall also include the\nprotection and improvement of the quality of all water resources.\n 5. The town board of any town in the Peconic Bay region which has\nestablished a community preservation fund shall create an advisory board\nto review and make recommendations on proposed acquisitions of interests\nin real property or water quality improvement projects using monies from\nthe fund. Such board shall consist of five or seven legal residents of\nthe municipality who shall serve without compensation. No member of the\nlocal legislative body shall serve on the board. A majority of the\nmembers of the board shall have demonstrated experience with\nconservation and land preservation activities or water quality\nimprovement activities. The board shall act in an advisory capacity to\nthe town board. At least one member of the board shall be an active\nfarmer.\n 6. The town board of any town in the Peconic Bay region which has\nestablished a community preservation fund shall, by local law, adopt a\ncommunity preservation project plan. This plan shall list every project\nwhich the town plans to undertake pursuant to the community preservation\nfund. It shall include every parcel which is necessary to be acquired in\nthe town in order to protect community character. Such plan shall\nprovide for a detailed evaluation of all available land use alternatives\nto protect community character, including but not limited to: (a) fee\nsimple acquisition, (b) zoning regulations, including density\nreductions, cluster development, and site plan and design requirements,\n(c) transfer of development rights, (d) the purchase of development\nrights, and (e) scenic and conservation easements. Said evaluation shall\nbe as specific as practicable as to each parcel selected for inclusion\nin the plan. The plan shall establish the priorities for preservation,\nand shall include the preservation of farmland as its highest priority.\nSaid plan shall also list every water quality improvement project which\nthe town plans to undertake pursuant to the community preservation fund\nand shall state how such project would improve existing water quality.\nProjects which have as their purpose the accommodation of new growth as\nopposed to the remediation of water quality shall not qualify for\nfunding under this section. Funds from the community preservation fund\nmay only be expended for projects which have been included in said plan.\nSaid plan shall be updated not less than once every five years, but in\nno event until at least three years after the adoption of the original\nplan. A copy of the plan shall be filed with the commissioner of\nenvironmental conservation, the commissioner of agriculture and markets\nand the commissioner of the office of parks, recreation and historic\npreservation. Said plan shall be completed at least sixty days before\nthe submission of the mandatory referendum required by section one\nthousand four hundred forty-nine-bb of the tax law. As part of, or in\naddition, to said community preservation fund project plan, each town\nboard may also adopt a management and stewardship plan for interests or\nrights in real property acquired pursuant to this section. No monies\nfrom the fund shall be expended for management and stewardship, except\nas approved in said plan. Said plan may provide management and\nstewardship projects for up to a three year period and shall provide a\ndescription and estimated cost for each project. Said plan shall be\napproved and adopted by local law and may be updated from time to time\nat the discretion of the town board. Only management and stewardship\nprojects permitted pursuant to subdivision nine-a of this section shall\nbe eligible to be included in the plan.\n 7. The town board of any town in the Peconic Bay region which has\nestablished a community preservation fund pursuant to this section shall\nstudy and consider establishing a transfer of development rights program\nto protect community character as provided for by section two hundred\nsixty-one-a of this chapter. All provisions of such section two hundred\nsixty-one-a shall be complied with. If at any time during the life of\nthe community preservation fund a transfer of development rights program\nis established, the town may utilize monies from the community\npreservation fund in order to create and fund a central bank of the\ntransfer of development rights program. If at any time during the life\nof the community preservation fund, a transfer of development rights\nprogram is repealed by the town, all monies from the central bank shall\nbe returned to the community preservation fund.\n 8. No interests or rights in real property shall be acquired pursuant\nto this section until a public hearing is held as required by section\ntwo hundred forty-seven of the general municipal law; provided, however,\nthat nothing herein shall prevent the town board from entering into a\nconditional purchase agreement before a public hearing is held. Any\nresolution of a town board approving an acquisition of land pursuant to\nthis section, shall find that acquisition was the best alternative for\nthe protection of community character of all the reasonable alternatives\navailable to the town.\n 9. Lands acquired pursuant to this section shall be administered and\nmanaged in a manner which (a) allows public use and enjoyment in a\nmanner compatible with the natural, scenic, historic and open space\ncharacter of such lands; (b) preserves the native biological diversity\nof such lands; (c) with regard to open spaces, limits improvements to\nenhancing access for passive use of such lands such as nature trails,\nboardwalks, bicycle paths, and peripheral parking areas provided that\nsuch improvements do not degrade the ecological value of the land or\nthreaten essential wildlife habitat; and (d) preserves cultural property\nconsistent with accepted standards for historic preservation. In\nfurthering the purposes of this section, the town may enter into\nagreements with corporations organized under the not-for-profit\ncorporation law and engage in land trust activities to manage lands\nincluding less than fee interests acquired pursuant to the provisions of\nthis section, provided that any such agreement shall contain a provision\nthat such corporation shall keep the lands accessible to the public\nunless such corporation shall demonstrate to the satisfaction of the\ntown that public accessibility would be detrimental to the lands or any\nnatural resources associated therewith.\n 9-a. (a) Except for interests or rights in real property acquired for\nhistoric preservation purposes, management and stewardship projects\nshall be only expended for (1) projects which promote the protection or\nenhancement of the natural, scenic, and open space character for which\nthe interests or rights in real property were acquired, or (2) accessory\nuses related to the purpose for which the interests or rights in real\nproperty were acquired consistent with subdivision nine of this section,\nor (3) restoration of acquired real property to its natural state\nincluding the demolition of existing buildings and structures.\n (b) In the case of interests or rights in real property acquired for\nhistoric preservation purposes, funds may be expended only for the\nrestoration and rehabilitation of buildings and structures consistent\nwith accepted standards for historic preservation.\n (c) Expenses related to the customary operation and maintenance of\nacquired interests or rights in real property shall not be permitted\nfrom the fund.\n (d) Any project funded pursuant to this subdivision must have a useful\nlife of five years or more under section 11.00 of the local finance law.\n (e) Any expenditure from the fund for a purpose other than that\npermitted, herein, shall be deemed to be prohibited.\n 10. Rights or interests in real property acquired with monies from\nsuch fund shall not be sold, leased, exchanged, donated, or otherwise\ndisposed of or used for other than the purposes permitted by this\nsection without the express authority of an act of the legislature,\nwhich shall provide for the substitution of other lands of equal\nenvironmental value and fair market value and reasonably equivalent\nusefulness and location to those to be discontinued, sold or disposed\nof, and such other requirements as shall be approved by the legislature.\nNothing in this section shall preclude a town, by local law, from\nestablishing additional restrictions to the alienation of lands acquired\npursuant to this section. This subdivision shall not apply to the sale\nof development rights by a town acquired pursuant to this section, where\nsaid sale is made by a central bank created by a town, pursuant to a\ntransfer of development rights program established by a town pursuant to\nsection two hundred sixty-one-a of this chapter, provided, however (a)\nthat the lands from which said development rights were acquired shall\nremain preserved in perpetuity by a permanent conservation easement or\nother instrument that similarly preserves the community character\nreferenced in subdivision four of this section, and (b) the proceeds\nfrom such sale shall be deposited in the community preservation fund.\n 11. Notwithstanding any provision of law to the contrary, towns may\nenter into intermunicipal agreements pursuant to article five-G of the\ngeneral municipal law for the following purposes: (a) to jointly acquire\ninterests or rights in real property, consistent with the purposes of\nthis section, where the acquisition of such interests or rights promotes\na regional public benefit for two or more towns pursuant to a regional\nplan,\n (b) to establish an office or department among all five towns to\nrender legal opinions and interpretations to facilitate the efficient\nand consistent administration of each fund created under this section,\n (c) to provide for an independent financial audit of each town's fund,\n (d) to hire employees necessary to implement the provisions of this\nsection.\n 12. Each town shall annually commission an independent audit of the\nfund. The audit shall be conducted by an independent certified public\naccountant or an independent public accountant. Said audit shall be\nperformed by a certified public accountant or an independent public\naccountant other than the one that performs the general audit of each\ntown's finances. Such audit shall be an examination of the fund and\nshall determine whether the fund has been administered consistent with\nthe provisions of this section and all other applicable provisions of\nstate law. Said audit shall be initiated within sixty days of the close\nof the fiscal year of each town and shall be completed within one\nhundred twenty days of the close of the fiscal year. A copy of the audit\nshall be submitted annually to the state comptroller and the town clerk.\nA copy of the audit shall be made available to the public within thirty\ndays of its completion. A notice of the completion of the audit shall be\npublished in the official newspaper of the town and posted on the\nofficial sign board of the town within ten days of its filing with the\ntown clerk. Said audit and notice shall also be posted on the internet\nsite for the town. The cost of the audit may be a charge to the fund.\n 13. The cost of employees and independent contractors to implement the\nprovisions of this section, may only be paid for by the fund where the\nduties and responsibilities of said employees and independent\ncontractors are directly dedicated to implementing the provisions of\nthis section. Where such employees and independent contractors are not\nexclusively dedicated to implementing the provisions of this section, no\nmore than the cost of the actual time expended directly dedicated to\nimplementing the provisions of this section may be charged. Such costs\nshall be expressly identified in the town budget and any plan adopted\npursuant to this section before funds for such costs may be expended. In\naddition, such costs must be documented by a time accounting system,\nsubject to audit. Costs relating to the activities of elected officials\nimplementing the purposes of this section may not be a charge to the\nfund.\n