S. 5324 2 A. 7471
WATER CONSERVATION DISTRICTS LAW, TITLE 14 OF ARTICLE 17 OF THE ENVIRON-
MENTAL CONSERVATION LAW, SECTION 1455B OF THE FEDERAL COASTAL ZONE
MANAGEMENT ACT, OR ARTICLE FORTY-TWO OF THE EXECUTIVE LAW; (3) AQUATIC
HABITAT RESTORATION PROJECTS; (4) POLLUTION PREVENTION PROJECTS, AND (5)
THE OPERATION OF THE PECONIC BAY NATIONAL ESTUARY PROGRAM, AS DESIGNATED
BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. SUCH PROJECTS
SHALL HAVE AS THEIR PURPOSE THE IMPROVEMENT OF EXISTING WATER QUALITY TO
MEET EXISTING SPECIFIC WATER QUALITY STANDARDS. PROJECTS WHICH HAVE AS A
PURPOSE TO PERMIT OR ACCOMMODATE NEW GROWTH SHALL NOT BE INCLUDED WITHIN
THIS DEFINITION.
(F) "WASTEWATER TREATMENT IMPROVEMENT PROJECT" MEANS THE PLANNING,
DESIGN, CONSTRUCTION, ACQUISITION, ENLARGEMENT, EXTENSION, OR ALTERATION
OF A WASTEWATER TREATMENT FACILITY, INCLUDING ALTERNATIVE SYSTEMS TO A
SEWAGE TREATMENT PLANT OR TRADITIONAL SEPTIC SYSTEM, TO TREAT, NEUTRAL-
IZE, STABILIZE, ELIMINATE OR PARTIALLY ELIMINATE SEWAGE OR REDUCE POLLU-
TANTS IN TREATMENT FACILITY EFFLUENT, INCLUDING PERMANENT OR PILOT
DEMONSTRATION WASTEWATER TREATMENT PROJECTS, OR EQUIPMENT OR FURNISHINGS
THEREOF. STORMWATER COLLECTING SYSTEMS AND VESSEL PUMPOUT STATIONS SHALL
ALSO BE INCLUDED WITHIN THE DEFINITION OF A WASTEWATER IMPROVEMENT
PROJECT.
(G) "AQUATIC HABITAT RESTORATION PROJECT" MEANS THE PLANNING, DESIGN,
CONSTRUCTION, MANAGEMENT, MAINTENANCE, RECONSTRUCTION, REVITALIZATION,
OR REJUVENATION ACTIVITIES INTENDED TO IMPROVE WATERS OF THE STATE OF
ECOLOGICAL SIGNIFICANCE OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED
TO PONDS, BOGS, WETLANDS, BAYS, SOUNDS, STREAMS, RIVERS, OR LAKES AND
SHORELINES THEREOF, TO SUPPORT A SPAWNING, NURSERY, WINTERING, MIGRATO-
RY, NESTING, BREEDING, FEEDING, OR FORAGING ENVIRONMENT FOR FISH AND
WILDLIFE AND OTHER BIOTA.
(H) "POLLUTION PREVENTION PROJECT" MEANS THE PLANNING, DESIGN,
CONSTRUCTION, IMPROVEMENT, MAINTENANCE OR ACQUISITION OF FACILITIES,
PRODUCTION PROCESSES, EQUIPMENT OR BUILDINGS OWNED OR OPERATED BY MUNI-
CIPALITIES FOR THE REDUCTION, AVOIDANCE, OR ELIMINATION OF THE USE OF
TOXIC OR HAZARDOUS SUBSTANCES OR THE GENERATION OF SUCH SUBSTANCES OR
POLLUTANTS SO AS TO REDUCE RISKS TO PUBLIC HEALTH OR THE ENVIRONMENT,
INCLUDING CHANGES IN PRODUCTION PROCESSES OR RAW MATERIALS; SUCH
PROJECTS SHALL NOT INCLUDE INCINERATION, TRANSFER FROM ONE MEDIUM OF
RELEASE OR DISCHARGE TO ANOTHER MEDIUM, OFF-SITE OR OUT-OF-PRODUCTION
RECYCLING, END-OF-PIPE TREATMENT OR POLLUTION CONTROL.
(I) "STORMWATER COLLECTING SYSTEM" MEANS SYSTEMS OF CONDUITS AND ALL
OTHER CONSTRUCTION, DEVICES, AND APPLIANCES APPURTENANT THERETO,
DESIGNED AND USED TO COLLECT AND CARRY STORMWATER AND SURFACE WATER,
STREET WASH, AND OTHER WASH AND DRAINAGE WATERS TO A POINT SOURCE FOR
DISCHARGE.
(J) "VESSEL PUMPOUT STATION" MEANS A PROJECT FOR THE PLANNING, DESIGN,
ACQUISITION OR CONSTRUCTION OF A PERMANENT OR PORTABLE DEVICE CAPABLE OF
REMOVING HUMAN SEWAGE FROM A MARINE HOLDING TANK.
2. The town board of any town in the Peconic Bay region is authorized
to establish by local law a community preservation fund pursuant to the
provisions of this section. Deposits into the fund may include revenues
of the local government from whatever source and shall include, at a
minimum, all revenues from a tax imposed upon the transfer of real prop-
erty interests in such town pursuant to article thirty-one-D of the 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 into
the fund shall be credited to the fund. In no event shall monies depos-
ited in the fund be transferred to any other account. Nothing contained
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in this section shall be construed to prevent the financing in whole or
in part, pursuant to the local finance law, of any acquisition OR WATER
QUALITY IMPROVEMENT PROJECT authorized pursuant to this section. 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 section. Where a town finances an acquisition OR
WATER QUALITY IMPROVEMENT PROJECT, in whole, or in part, pursuant to the
local finance law, the resolution authorizing such indebtedness shall be
accompanied by a report from the town supervisor demonstrating how said
indebtedness will be repaid by the fund. Said report shall include an
estimate of projected revenues of the fund during the period of indebt-
edness. The report shall also provide an accounting of all other indebt-
edness incurred against the fund to be repaid for the same period. The
town board shall make findings by resolution that there will be suffi-
cient revenue to repay such indebtedness in its entirety from the fund
before authorizing such indebtedness. [A town in the Peconic Bay region
may only adopt the local law authorized by this subdivision if it has
incurred or authorized bonded indebtedness since nineteen hundred eighty
for open space purposes equal to or greater than two hundred dollars per
town resident. The number of residents shall be determined by the 1990
U.S. Census. Said local law shall make a finding that the town has
complied with the per resident financial commitment requirement of this
subdivision.]
3. The purposes of the fund shall be exclusively, (a) to implement a
plan for the preservation of community character as required by this
section, (b) to acquire interests or rights in real property for the
preservation of community character within the town including villages
therein in accordance with such plan and in cooperation with willing
sellers, (c) to establish a bank pursuant to a transfer of development
rights program consistent with section two hundred sixty-one-a of this
chapter, [and] (d) to provide a management and stewardship program for
such interests and rights consistent with subdivisions nine and nine-a
of this section and in accordance with such plan designed to preserve
community character; provided that not more than ten percent of the fund
shall be utilized for the management and stewardship program, AND (E) TO
IMPLEMENT WATER QUALITY IMPROVEMENT PROJECTS IN ACCORDANCE WITH A PLAN
TO PRESERVE COMMUNITY CHARACTER. A MAXIMUM OF TWENTY (20) PERCENT OF THE
FUND MAY BE UTILIZED FOR THE IMPLEMENTATION OF WATER QUALITY IMPROVEMENT
PROJECTS; PROVIDED THAT WHERE SUCH WATER QUALITY IMPROVEMENT FUNDS ARE
UTILIZED FOR THE OPERATION OF THE PECONIC BAY NATIONAL ESTUARY PROGRAM,
THE USE OF SUCH FUNDS SHALL ONLY BE UTILIZED TO MATCH FEDERAL, STATE,
COUNTY, OR OTHER PUBLIC OR PRIVATE FUNDS ON A DOLLAR FOR DOLLAR BASIS,
NOT TO EXCEED TEN (10) PERCENT OF THE ANNUAL AMOUNT APPROPRIATED FOR
WATER QUALITY IMPROVEMENT PROJECTS. If the implementation of the commu-
nity preservation project plan, adopted by a town board, as provided in
subdivision six of this section, has been completed, and funds are no
longer needed for the purposes outlined in this subdivision, then any
remaining monies in the fund shall be applied to reduce any bonded
indebtedness or obligations incurred to effectuate the purposes of this
section.
3-a. Preliminary and incidental costs in connection with the acquisi-
tion of interests or rights in real property, pursuant to subdivision
three of this section, shall be deemed part of the cost of the acquisi-
tion for which they were incurred. Such expenditures may include any
administrative or other expenditures directly arising therefrom. No
expenditure shall be charged to the fund, unless authorized by law. A
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full accounting of such costs for each acquisition of land shall be
provided to the town board.
4. Preservation of community character shall involve one or more of
the following: (a) establishment of parks, nature preserves, or recre-
ation areas; (b) preservation of open space, including agricultural
lands; (c) preservation of lands of exceptional scenic value; (d) pres-
ervation of fresh and saltwater marshes or other wetlands; (e) preserva-
tion of aquifer recharge areas; (f) preservation of undeveloped beach-
lands or shoreline including those at significant risk of coastal
flooding due to projected sea level rise and future storms; (g) estab-
lishment 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; (h) preserva-
tion of pine barrens consisting of such biota as pitch pine, and scrub
oak; (i) preservation of unique or threatened ecological areas; (j)
preservation of rivers and river areas in a natural, free-flowing condi-
tion; (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 munici-
pal historic preservation ordinance or law; and (n) undertaking any of
the aforementioned in furtherance of the establishment of a greenbelt.
PRESERVATION OF COMMUNITY CHARACTER SHALL ALSO INCLUDE THE PROTECTION
AND IMPROVEMENT OF THE QUALITY OF ALL WATER RESOURCES.
5. The town board of any town in the Peconic Bay region which has
established a community preservation fund shall create an advisory board
to review and make recommendations on proposed acquisitions of interests
in real property OR WATER QUALITY IMPROVEMENT PROJECTS using monies from
the fund. Such board shall consist of five or seven legal residents of
the municipality who shall serve without compensation. No member of the
local legislative body shall serve on the board. A majority of the
members of the board shall have demonstrated experience with conserva-
tion [or] AND land preservation activities OR WATER QUALITY IMPROVEMENT
ACTIVITIES. The board shall act in an advisory capacity to the town
board. At least one member of the board shall be an active farmer.
6. The town board of any town in the Peconic Bay region which has
established a community preservation fund shall, by local law, adopt a
community preservation project plan. This plan shall list every project
which the town plans to undertake pursuant to the community preservation
fund. It shall include every parcel which is necessary to be acquired in
the town in order to protect community character. Such plan shall
provide for a detailed evaluation of all available land use alternatives
to protect community character, including but not limited to: (a) fee
simple acquisition, (b) zoning regulations, including density
reductions, cluster development, and site plan and design requirements,
(c) transfer of development rights, (d) the purchase of development
rights, and (e) scenic and conservation easements. Said evaluation shall
be as specific as practicable as to each parcel selected for inclusion
in the plan. The plan shall establish the priorities for preservation,
and shall include the preservation of farmland as its highest priority.
SAID PLAN SHALL ALSO LIST EVERY WATER QUALITY IMPROVEMENT PROJECT WHICH
THE TOWN PLANS TO UNDERTAKE PURSUANT TO THE COMMUNITY PRESERVATION FUND
AND SHALL STATE HOW SUCH PROJECT WOULD IMPROVE EXISTING WATER QUALITY.
PROJECTS WHICH HAVE AS THEIR PURPOSE THE ACCOMMODATION OF NEW GROWTH AS
OPPOSED TO THE REMEDIATION OF WATER QUALITY SHALL NOT QUALIFY FOR FUND-
ING UNDER THIS SECTION. Funds from the community preservation fund may
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only be expended for projects which have been included in said plan.
Said plan shall be updated not less than once every five years, but in
no event until at least three years after the adoption of the original
plan. A copy of the plan shall be filed with the commissioner of envi-
ronmental conservation, the commissioner of agriculture and markets and
the commissioner of the office of parks, recreation and historic preser-
vation. Said plan shall be completed at least sixty days before the
submission of the mandatory referendum required by section one thousand
four hundred forty-nine-bb of the tax law. As part of, or in addition,
to said community preservation fund project plan, each town board may
also adopt a management and stewardship plan for interests or rights in
real property acquired pursuant to this section. No monies from the fund
shall be expended for management and stewardship, except as approved in
said plan. Said plan may provide management and stewardship projects for
up to a three year period and shall provide a description and estimated
cost for each project. Said plan shall be approved and adopted by local
law and may be updated from time to time at the discretion of the town
board. Only management and stewardship projects permitted pursuant to
subdivision nine-a of this section shall be eligible to be included in
the plan.
7. The town board of any town in the Peconic Bay region which has
established a community preservation fund pursuant to this section shall
study and consider establishing a transfer of development rights program
to protect community character as provided for by section two hundred
sixty-one-a of this chapter. All provisions of such section two hundred
sixty-one-a shall be complied with. If at any time during the life of
the community preservation fund a transfer of development rights program
is established, the town may utilize monies from the community preserva-
tion fund in order to create and fund a central bank of the transfer of
development rights program. If at any time during the life of the commu-
nity preservation fund, a transfer of development rights program is
repealed by the town, all monies from the central bank shall be returned
to the community preservation fund.
8. No interests or rights in real property shall be acquired pursuant
to this section until a public hearing is held as required by section
two hundred forty-seven of the general municipal law; provided, however,
that nothing herein shall prevent the town board from entering into a
conditional purchase agreement before a public hearing is held. Any
resolution of a town board approving an acquisition of land pursuant to
this section, shall find that acquisition was the best alternative for
the protection of community character of all the reasonable alternatives
available to the town.
9. Lands acquired pursuant to this section shall be administered and
managed in a manner which (a) allows public use and enjoyment in a
manner compatible with the natural, scenic, historic and open space
character of such lands; (b) preserves the native biological diversity
of such lands; (c) with regard to open spaces, limits improvements to
enhancing access for passive use of such lands such as nature trails,
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 (d) preserves cultural property
consistent with accepted standards for historic preservation. In
furthering the purposes of this section, the town may enter into agree-
ments with corporations organized under the not-for-profit corporation
law and engage in land trust activities to manage lands including less
than fee interests acquired pursuant to the provisions of this section,
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provided that any such agreement shall contain a provision that such
corporation shall keep the lands accessible to the public unless such
corporation shall demonstrate to the satisfaction of the town that
public accessibility would be detrimental to the lands or any natural
resources associated therewith.
9-a. (a) Except for interests or rights in real property acquired for
historic preservation purposes, management and stewardship projects
shall be only expended for (1) projects which promote the protection or
enhancement of the natural, scenic, and open space character for which
the interests or rights in real property were acquired, or (2) accessory
uses related to the purpose for which the interests or rights in real
property were acquired consistent with subdivision nine of this section,
or (3) restoration of acquired real property to its natural state
including the demolition of existing buildings and structures.
(b) In the case of interests or rights in real property acquired for
historic preservation purposes, funds may be expended only for the
restoration and rehabilitation of buildings and structures consistent
with accepted standards for historic preservation.
(c) Expenses related to the customary operation and maintenance of
acquired interests or rights in real property shall not be permitted
from the fund.
(d) Any project funded pursuant to this subdivision must have a useful
life of five years or more under section 11.00 of the local finance law.
(e) Any expenditure from the fund for a purpose other than that
permitted, herein, shall be deemed to be prohibited.
10. Rights or interests in real property acquired with monies from
such fund shall not be sold, leased, exchanged, donated, or otherwise
disposed of or used for other than the purposes permitted by this
section without the express authority of an act of the legislature,
which shall provide for the substitution of other lands of equal envi-
ronmental value and fair market value and reasonably equivalent useful-
ness and location to those to be discontinued, sold or disposed of, and
such other requirements as shall be approved by the legislature. Noth-
ing in this section shall preclude a town, by local law, from establish-
ing additional restrictions to the alienation of lands acquired pursuant
to this section. This subdivision shall not apply to the sale of devel-
opment rights by a town acquired pursuant to this section, where said
sale is made by a central bank created by a town, pursuant to a transfer
of development rights program established by a town pursuant to section
two hundred sixty-one-a of this chapter, provided, however (a) that 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 the community character referenced
in subdivision four of this section, and (b) the proceeds from such sale
shall be deposited in the community preservation fund.
11. Notwithstanding any provision of law to the contrary, towns may
enter into intermunicipal agreements pursuant to article five-G of the
general municipal law for the following purposes: (a) to jointly acquire
interests or rights in real property, consistent with the purposes of
this section, where the acquisition of such interests or rights promotes
a regional public benefit for two or more towns pursuant to a regional
plan,
(b) to establish an office or department among all five towns to
render legal opinions and interpretations to facilitate the efficient
and consistent administration of each fund created under this section,
(c) to provide for an independent financial audit of each town's fund,
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(d) to hire employees necessary to implement the provisions of this
section.
12. Each town shall annually commission an independent audit of the
fund. The audit shall be conducted by an independent certified public
accountant or an independent public accountant. Said audit shall be
performed by a certified public accountant or an independent public
accountant other than the one that performs the general audit of each
town's finances. Such audit shall be an examination of the fund and
shall determine whether the fund has been administered consistent with
the provisions of this section and all other applicable provisions of
state law. Said audit shall be initiated within sixty days of the close
of the fiscal year of each town and shall be completed within one
hundred twenty days of the close of the fiscal year. A copy of the audit
shall be submitted annually to the state comptroller and the town clerk.
A copy of the audit shall be made available to the public within thirty
days of its completion. A notice of the completion of the audit shall be
published in the official newspaper of the town and posted on the offi-
cial sign board of the town within ten days of its filing with the town
clerk. Said audit and notice shall also be posted on the internet site
for the town. The cost of the audit may be a charge to the fund.
13. The cost of employees and independent contractors to implement the
provisions of this section, may only be paid for by the fund where the
duties and responsibilities of said employees and independent contrac-
tors are directly dedicated to implementing the provisions of this
section. Where such employees and independent contractors are not exclu-
sively dedicated to implementing the provisions of this section, no more
than the cost of the actual time expended directly dedicated to imple-
menting the provisions of this section may be charged. Such costs shall
be expressly identified in the town budget and any plan adopted pursuant
to this section before funds for such costs may be expended. In addi-
tion, such costs must be documented by a time accounting system, subject
to audit. Costs relating to the activities of elected officials imple-
menting the purposes of this section may not be a charge to the fund.
S 2. Where a town extends the provisions of article 31-D of the tax
law in relation to the date of expiration of chapter 114 of the laws of
1998 as authorized by section three of this act, or where a town adopts
the provisions of section one of this act in relation to including water
quality improvement projects under the definition of the preservation of
community character, such action shall be implemented by local law
subject to a mandatory referendum pursuant to section 23 of the munici-
pal home rule law.
S 3. Section 5 of chapter 114 of the laws of 1998, amending the town
law and other laws relating to authorizing certain towns in the Peconic
Bay region to establish community preservation funds, as amended by
chapter 391 of the laws of 2006, is amended to read as follows:
S 5. This act shall take effect immediately; provided that article
31-D of the tax law, as added by section three of this act shall remain
in full force and effect until December 31, [2030] 2050 when upon such
date the provisions of such section three of this act shall expire and
be deemed repealed, provided however, that the tax authorized by section
three of this act shall not take effect before July 1, 1998.
S 4. This act shall take effect immediately.
