Senate Bill S666

2009-2010 Legislative Session

Authorizes towns, villages and counties to offer additional means and incentives for the preservation of farms and open areas

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Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local government
Jan 12, 2009	referred to local government

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2009-S666 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Add Art 16 Title 2 §§288 - 288-d, amd §261-b, Town L; redesig Art 7 §§7-700 - 7-742 to be Title 1, add Art 7 Title 2 §§7-751 - 7-755, Vil L; add Art 13-E §§300 - 304, Gen Muni L; amd §333, add §333-d, RP L; add §203, RPT L

2009-S666 (ACTIVE) - Summary

Authorizes towns, villages and counties to offer additional means and incentives for the preservation of agricultural lands and farms, and open, scenic and natural spaces, areas, woodlands and wetlands; requires disclosure of the open space status of real property upon its conveyance; authorizes the state board of real property services to provide assistance in maintaining open spaces to municipalities.

2009-S666 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S666

 TITLE OF BILL :

An act to amend the town law, the village law, the general municipal
law, the real property law and the real property tax law, in relation
to special open space zoning provisions


 PURPOSE :

This bill grants to this State's municipalities additional powers to
grant expanded benefits to landowners in municipally designated open
space zoning districts to encourage such owners to keep land in
agriculture or as open space. Open space can include, farms,
woodlands, waterfront access areas, and wetlands.

 SUMMARY OF PROVISIONS :

Section 1: A technical amendment to redesignate Sections 261 through
section 285 of the Town Law as Title 1.

Section 2: Adds a new Title 2 to Article 16 of the Town Law. This
Title authorizes municipalities to create Special Open Space Zoning
Districts. The provisions are as follows:

- Section 288-a is the definitions section. It defines terms such as
agricultural assessments, agricultural assessment value, crops,
livestock and livestock products, farm woodland, land used in
agricultural production, conversion, gross sales value, farm
operation, commercial horse boarding operation and open, scenic and
natural spaces and areas as the same terms are defined in section 301
of the Agriculture and Markets Law. In addition, in creating open
space districts, municipalities can expand the definitions stated
above to grant additional benefits to landowners that comply with the
terms of each municipality's open space program. For example, wood
lands that produce over $10,000 in gross value in wood products can
obtain an agricultural assessment and thereby reduce an owner's real
property taxes. To encourage more wood lands to be retained, under
this bill, a municipality could reduce or eliminate the $ 10,000 gross
sales value standard that is set in state law to encourage more
landowners to preserve woodlands. To obtain such a benefit, the
municipality may require that the public has access to hiking trails
that are located on such properties. As another example, a
municipality could reduce the gross value sales standard or the size
of parcels of land (7 acres) that qualify for a agricultural real
property tax assessment to keep certain pasture lands as pastures.

- Section 288-b grants to towns the authority to acquire by purchase,
gift, grant or lease development rights, easements and covenants to
preserve certain open spaces that are located in open space zoning
districts. Allows towns to craft their own individual municipal open
space districts that convey additional benefits to property owners in
addition to those benefits granted by state law. Those benefits could
include, shifting development right credits to other parts of the
town, special land use clustering initiatives, reduced real property
tax assessment, reduced ad valorem taxes for libraries.

- Section 288-c establishes the procedure to adopt a special open
space zone within a town.

- Section 288-d requires land owners that receive benefits under this
program to disclose such benefits and obligations to receive such
benefits on any contract to sell such real property. Such disclosure
shall also be recorded on the property transfer report.

Section 3 and 4: Makes technical changes to the law.

Section 5: Adds a new title 2 to Article 7 of the Village Law to grant
similar authority and powers as stated above to villages that
designate special open space districts.

Section 6: Adds a new Article 13-E to the General Municipal Law to
grant similar authority and powers as stated above to cities that
designate special open space districts.

Section 7: Amends Real Property Law section 333(1-e)(ii) (5) to
mandate that a county clerk shall not accept any deed for recording if
the transfer report that accompanies the deed of conveyance does not
have a statement indicating whether or not the parcel has been the
subject of the provisions of a local open space zoning local law.
This is a notice provision so that a new property owner is made aware
of any restrictions that have been placed on the property by the
previous property owner.

Section 8: Adds Real Property Law section 333-d to require a similar
disclosure of the benefits and obligations placed on such property by
the previous property owner that has property located in an open space
district. This disclosure provision must be included in any real
property sales contract.

Section 9: Adds Real Property Tax Law section 203 to authorize the
Real Property Services Department to offer municipalities technical,
scientific, and financial assistance for the establishment and
maintenance of open space and open space districts.

 EXISTING LAW :

While municipalities are authorized under current law to create
special open space zoning districts, municipalities are not empowered
to give additional benefits that are tailored by the local community
to property owners located in such designated districts.

 JUSTIFICATION :

In areas around New York City and other expanding urban and suburban
areas, municipalities have articulated a need to preserve open spaces
such as farms, woodlands, wetlands and waterfront public access areas.
The State of New York has done much to help communities preserve open
spaces by providing funds to purchase development rights, instituting
expanded real property tax assessment reductions and tax credits for
those who operate farms, purchasing additional parklands, and
instituting real property transfer tax assessments to be used to
purchase or lease farms and other open spaces.

Municipalities also have powers to preserve open space by designating
agricultural zones, providing for the shifting of development rights
from one portion of a municipality to another, and requesting the
State Legislature to grant a municipality the ability to institute
real property transfer tax assessments to purchase open spaces.

However, state law does not give municipalities the power to craft
their own open space plans that can give expanded benefits to
landowners above and beyond those contained in state law.  This bill
gives a municipality the authority to craft their own individualized
open space districts that are tailored to their own open space needs
and resources.

 LEGISLATIVE HISTORY :

S.6861 of 2005/2006, S576 of 2007/2008

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
180 Days after it shall have become law.

2009-S666 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   666

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 12, 2009
                               ___________

Introduced by Sens. LARKIN, DeFRANCISCO, LEIBELL, MORAHAN, SALAND, YOUNG
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Local Government

AN  ACT  to  amend  the town law, the village law, the general municipal
  law, the real property law and the real property tax law, in  relation
  to special open space zoning provisions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Sections 261 through 285 of article 16 of the town law  are
designated title 1 and a new title heading is added to read as follows:
                           GENERAL PROVISIONS
  S  2. Article 16 of the town law is amended by adding a new title 2 to
read as follows:
                                 TITLE 2
                      SPECIAL OPEN SPACE PROVISIONS
SECTION 288. PURPOSE.
        288-A. DEFINITIONS.
        288-B. AUTHORIZATIONS.
        288-C. APPLICABILITY OF PROVISIONS OF OTHER LAWS.
        288-D. DISCLOSURE.
  S 288. PURPOSE. 1. IN ACCORDANCE WITH PREVIOUS  LEGISLATIVE  FINDINGS,
THE  LEGISLATURE  NOTES  THE CONTINUING LOSS OF OPEN, SCENIC AND NATURAL
SPACES AND AREAS AS THEY ARE CONVERTED TO VARIOUS USES, AMONG THE  CHIEF
CONCERNS  BEING THE LOSS OF AGRICULTURAL LAND AND THE REDUCTION OF AGRI-
CULTURAL PRODUCTIVITY AS AN IMPOVERISHMENT OF THE STATE'S ECONOMY.
  2. IT IS THEREFORE THE PURPOSE OF THIS TITLE TO  PERMIT  TOWNS,  ON  A
PURELY  OPTIONAL BASIS, TO OFFER ADDITIONAL MEANS AND INCENTIVES FOR THE
PRESERVATION OF AGRICULTURAL LANDS AND FARMS; OPEN, SCENIC  AND  NATURAL
SPACES,  AREAS, WOODLANDS AND WETLANDS.  THE ACQUISITION OF INTERESTS OR
RIGHTS IN REAL PROPERTY FOR THE PRESERVATION OF OPEN, SCENIC AND NATURAL
SPACES, AREAS, WOODLANDS AND WETLANDS, INCLUDING AGRICULTURAL  LAND  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05416-01-9

S. 666                              2

FARMS,  CONSTITUTES  A  PUBLIC  PURPOSE  FOR  WHICH  PUBLIC FUNDS MAY BE
EXPENDED OR ADVANCED.
  3.  THE  PROVISIONS  OF THIS TITLE ARE INTENDED TO BE SUPPLEMENTARY TO
THE PROVISIONS OF TITLE ONE OF THIS ARTICLE AND ARE TO BE  CONSTRUED  AS
SUPERSEDING  SUCH  TITLE OR ANY OTHER PROVISION OF ANY GENERAL, SPECIAL,
OR LOCAL LAW OR CHARTER ONLY INSOFAR AS THE PROVISIONS OF THIS TITLE ARE
INCONSISTENT THEREWITH.
  S 288-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
  1. "AGRICULTURAL ASSESSMENT" MEANS AN ASSESSMENT AUTHORIZED BY SECTION
THREE HUNDRED FIVE OR THREE HUNDRED SIX OF THE AGRICULTURE  AND  MARKETS
LAW;  OR AN ALTERNATIVE AGRICULTURAL ASSESSMENT PROGRAM ESTABLISHED BY A
LOCAL LAW ENACTED BY A TOWN. SUCH  ALTERNATIVE  AGRICULTURAL  ASSESSMENT
PROGRAM  MAY  PROVIDE  GREATER BENEFITS TO LANDOWNERS, PROVIDED THAT THE
PROVISION OF SUCH BENEFITS  SHALL  NOT  BE  LESS  RESTRICTIVE  THAN  THE
REQUIREMENTS  OF  SECTION THREE HUNDRED FIVE OR THREE HUNDRED SIX OF THE
AGRICULTURE AND MARKETS LAW.
  2. "AGRICULTURAL ASSESSMENT VALUE" MEANS THE VALUE PER  ACRE  ASSIGNED
TO  LAND  FOR ASSESSMENT PURPOSES DETERMINED PURSUANT TO THE CAPITALIZED
VALUE OF PRODUCTION PROCEDURE PRESCRIBED BY SECTION THREE HUNDRED FOUR-A
OF THE AGRICULTURE AND  MARKETS  LAW,  WHETHER  APPLICABLE  PURSUANT  TO
SECTION  THREE HUNDRED FIVE OR THREE HUNDRED SIX OF SUCH LAW.  PROVIDED,
HOWEVER, THAT SUCH TERM MAY HAVE A DIFFERENT DEFINITION AS SPECIFIED  BY
AN  OPEN  SPACE  LOCAL LAW OR LOCAL LAND USE PLAN THAT IS ENACTED BY THE
TOWN BOARD.
  3. "CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS" SHALL HAVE THE SAME MEAN-
ING AS IS ASCRIBED TO SUCH TERM BY  SUBDIVISION  TWO  OF  SECTION  THREE
HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW, PROVIDED THAT SUCH DEFI-
NITION MAY BE EXPANDED TO SUCH OTHER AGRICULTURAL CROPS AS MAY BE SPECI-
FIED  IN  AN OPEN SPACE LOCAL LAW OR LOCAL LAND USE PLAN THAT IS ENACTED
BY THE TOWN BOARD.
  4. "FARM WOODLAND" OR "WOODLAND" MEANS LAND USED  FOR  THE  PRODUCTION
FOR  SALE  OF  WOODLAND  PRODUCTS  AS  PROVIDED  IN SUBDIVISION THREE OF
SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS  LAW.  WOODLAND
SHALL  HAVE  SUCH MEANING AS SHALL BE ESTABLISHED BY AN OPEN SPACE LOCAL
LAW OR LOCAL LAND USE PLAN ENACTED BY THE TOWN  BOARD.  ANY  SUCH  DEFI-
NITION  SHALL NOT ESTABLISH THE MINIMUM ACREAGE OF PARCELS, ANNUAL GROSS
SALES VALUE, IF ANY, AND ANY OTHER CRITERIA DEEMED  APPROPRIATE  BY  THE
TOWN BOARD.
  5.  "LAND USED IN AGRICULTURAL PRODUCTION" SHALL HAVE THE SAME MEANING
AS IS ASCRIBED TO SUCH TERM PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION
THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW, PROVIDED THAT SUCH
DEFINITION  MAY  BE  EXPANDED  TO INCLUDE OTHER LANDS THAT ARE EITHER IN
AGRICULTURAL  PRODUCTION  OR  POTENTIALLY  COULD  BE   IN   AGRICULTURAL
PRODUCTION  WHICH  MAY  BE SPECIFIED IN AN OPEN SPACE LOCAL LAW OR LOCAL
LAND USE PLAN THAT IS ENACTED BY THE TOWN BOARD. IN DEFINING "POTENTIAL-
LY COULD BE IN AGRICULTURAL PRODUCTION", THE OPEN  SPACE  LOCAL  LAW  OR
LOCAL  LAND  USE  PLAN  SHALL ONLY CLASSIFY VIABLE AGRICULTURAL LAND, AS
DEFINED IN SUBDIVISION SEVEN OF SECTION THREE HUNDRED ONE OF  THE  AGRI-
CULTURE  AND  MARKETS LAW, AS UNIQUE OR IRREPLACEABLE AGRICULTURAL LAND,
AS DEFINED IN SUBDIVISION SIX OF SECTION THREE HUNDRED ONE OF THE  AGRI-
CULTURE  AND  MARKETS  LAW, THAT IF FARMED COULD SUSTAIN AN ECONOMICALLY
VIABLE FARM OPERATION, AS DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE
HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
  6. "CONVERSION" MEANS AN OUTWARD OR AFFIRMATIVE ACT CHANGING  THE  USE
OF  AGRICULTURAL  LAND  AND  SHALL NOT MEAN THE NONUSE OR IDLING OF SUCH
LAND.

S. 666                              3

  7. "GROSS SALES VALUE" SHALL HAVE THE SAME MEANING AS IS  ASCRIBED  TO
SUCH  TERM  PURSUANT TO SUBDIVISION NINE OF SECTION THREE HUNDRED ONE OF
THE AGRICULTURE AND MARKETS LAW, PROVIDED THAT SUCH  DEFINITION  MAY  BE
EXPANDED  TO  INCLUDE OTHER SOURCES OF GROSS SALES VALUE AS SPECIFIED IN
AN  OPEN  SPACE  LOCAL LAW OR LOCAL LAND USE PLAN THAT IS ENACTED BY THE
TOWN BOARD.
  8. "FARM OPERATION" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH
TERM PURSUANT TO SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF  THE
AGRICULTURE AND MARKETS LAW.
  9.  "COMMERCIAL  HORSE BOARDING OPERATION" SHALL HAVE THE SAME MEANING
AS IS ASCRIBED TO SUCH TERM PURSUANT TO SUBDIVISION THIRTEEN OF  SECTION
THREE  HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW, PROVIDED THAT THE
DEFINITION OF SUCH TERM MAY BE  EXPANDED  TO  INCLUDE  OTHER  ACTIVITIES
RELATED  TO  SUCH AN OPERATION AS PROVIDED IN AN OPEN SPACE LOCAL LAW OR
LOCAL LAND USE PLAN THAT IS ENACTED BY THE TOWN BOARD.  UNDER NO CIRCUM-
STANCES SHALL THIS SUBDIVISION BE CONSTRUED TO INCLUDE OPERATIONS  WHOSE
PRIMARY ON SITE FUNCTION IS HORSE RACING.
  10.  "TIMBER PROCESSING" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO
SUCH TERM PURSUANT TO SUBDIVISION FOURTEEN OF SECTION THREE HUNDRED  ONE
OF THE AGRICULTURE AND MARKETS LAW, PROVIDED THAT SUCH DEFINITION MAY BE
EXPANDED  AS  PROVIDED IN AN OPEN SPACE LOCAL LAW OR LOCAL LAND USE PLAN
ENACTED BY THE TOWN BOARD.
  11. "OPEN, SCENIC AND NATURAL SPACES AND AREAS"  MEANS  ANY  SPACE  OR
AREA  CHARACTERIZED BY (1) NATURAL, SCENIC BEAUTY, OR (2) WHOSE EXISTING
OPENNESS, NATURAL CONDITION OR PRESENT STATE OF USE, IF RETAINED,  WOULD
MAINTAIN  OR  ENHANCE  THE  CONSERVATION OF NATURAL OR SCENIC RESOURCES.
NATURAL RESOURCES INCLUDES, BUT IS NOT LIMITED TO, LAND USED IN AGRICUL-
TURAL PRODUCTION, FARM WOODLANDS, WOODLANDS OR WETLANDS.
  12. "LAND USE REGULATION" SHALL MEAN AN ORDINANCE OR LOCAL LAW ENACTED
BY A LOCAL GOVERNMENT FOR THE REGULATION OF ANY ASPECT OF LAND  USE  AND
COMMUNITY  RESOURCE  PROTECTION  AND  INCLUDES  ANY ZONING, SUBDIVISION,
SPECIAL USE PERMIT OR SITE PLAN REGULATION OR ANY OTHER REGULATION WHICH
PRESCRIBES THE APPROPRIATE USE OF PROPERTY OR THE  SCALE,  LOCATION  AND
INTENSITY OF DEVELOPMENT.
  13.  "PRESERVATION"  SHALL MEAN MAINTAINING LANDS IN EXISTING USES, OR
USES THAT ARE COMPATIBLE WITH EXISTING USES AND WHICH  DO  NOT  INCREASE
THE  OVERALL DENSITY OF DEVELOPMENT IN AN AREA AND MAINTAIN SCENIC, OPEN
SPACE, WATER QUALITY, WETLANDS, AGRICULTURAL LANDS AND  WILDLIFE  CONDI-
TIONS IN AN AREA, OR RESTORING LANDS TO AN OPEN CONDITION.
  S 288-B. AUTHORIZATIONS. IN FURTHERANCE OF THE PURPOSES OF THIS TITLE,
A TOWN MAY:
  1. ACQUIRE, BY PURCHASE, GIFT, GRANT, BEQUEST, DEVISE, LEASE OR OTHER-
WISE,  THE  FEE  OR  ANY  LESSER  INTEREST, DEVELOPMENT RIGHT, EASEMENT,
COVENANT OR OTHER CONTRACTUAL RIGHT NECESSARY TO ACHIEVE THE PURPOSES OF
THIS TITLE, TO OPEN, SCENIC OR NATURAL SPACES OR AREAS WITHIN  ANY  PART
OF  SUCH  TOWN  NOT  INCLUDED  WITHIN  THE BOUNDARIES OF AN INCORPORATED
VILLAGE; AND
  2. GRANT TO OR TREAT ANY RIGHT, TITLE OR INTEREST SET FORTH IN  SUBDI-
VISION  ONE  OF THIS SECTION, TREATING ALIKE ALL SUCH THINGS OF THE SAME
CHARACTER:
  A. IN THE CASE OF ANY RIGHT, TITLE OR INTEREST RECEIVING  OR  ELIGIBLE
TO  RECEIVE  AN AGRICULTURAL ASSESSMENT, AN EXEMPTION FROM REAL PROPERTY
TAXATION OF UP TO FIFTY PERCENT OF THE AGRICULTURAL ASSESSMENT VALUE; OR
  B. IN THE CASE OF ANY RIGHT, TITLE OR INTEREST INELIGIBLE  TO  RECEIVE
AN  AGRICULTURAL ASSESSMENT, AN EXEMPTION FROM REAL PROPERTY TAXATION OF
UP TO FIFTY PERCENT OF THE ASSESSED VALUATION THEREOF; AND

S. 666                              4

  C. IN EITHER CASE, FULL OR PARTIAL EXEMPTION FROM SPECIAL  AD  VALOREM
LEVIES AND SPECIAL ASSESSMENTS.
  ANY EXEMPTION GRANTED PURSUANT TO THE PROVISIONS OF PARAGRAPHS A, B OR
C  OF  THIS SUBDIVISION SHALL APPLY TO TAXES LEVIED BY A SCHOOL DISTRICT
OR SPECIAL DISTRICT OR PORTION THEREOF LYING WITHIN THE WHOLE OR A  PART
OF THE TOWN.
  3.  TAKE  SUCH  MEASURES  AS  ARE  AUTHORIZED  BY SECTIONS TWO HUNDRED
SIXTY-ONE-A AND TWO HUNDRED SIXTY-ONE-B OF THIS ARTICLE WITHOUT NEED  OF
OR REGARD FOR "DISTRICTS" WITHIN THE CONTEMPLATION OF SAID SECTIONS.
  4. EXERCISE THE AUTHORIZATIONS PROVIDED BY SUBDIVISIONS ONE AND TWO OF
THIS  SECTION  IN  CONNECTION  WITH THE ESTABLISHMENT OR MODIFICATION OF
PLANNED UNIT DEVELOPMENT ZONING  DISTRICTS  AUTHORIZED  BY  SECTION  TWO
HUNDRED  SIXTY-ONE-C OF THIS ARTICLE OR THE APPROVAL OF CLUSTER DEVELOP-
MENTS PURSUANT TO SECTION TWO HUNDRED SEVENTY-EIGHT OF THIS ARTICLE.
  5. GRANT ANY OTHER BENEFIT THE TOWN BOARD  DEEMS  REASONABLE  FOR  THE
ESTABLISHMENT  AND  MAINTENANCE  OF OPEN, SCENIC OR NATURAL SPACE WITHIN
THE TOWN.
  6. IN CONSIDERATION OF AN EXERCISE  OF  A  POWER  AUTHORIZED  BY  THIS
SECTION,  A  TOWN MAY REQUIRE THE AFFECTED PROPERTY TO BE MADE AVAILABLE
FOR ENVIRONMENTALLY APPROPRIATE PUBLIC RECREATIONAL USE IN A MANNER THAT
DOES NOT INTERFERE WITH THE PROPERTY RIGHTS, LAWFUL  FARMING  OPERATION,
AGRICULTURAL  PRODUCTION  OR  FARM WOODLAND ACTIVITIES OCCURRING ON SUCH
PROPERTY OR WITH THE RIGHTS OF ADJACENT PROPERTY OWNERS.
  S 288-C. APPLICABILITY OF PROVISIONS OF OTHER LAWS. 1. THE  PROVISIONS
OF  SECTION  TWO  HUNDRED FORTY-SEVEN OF THE GENERAL MUNICIPAL LAW SHALL
APPLY TO THE EXERCISE OF ANY AUTHORIZATION PURSUANT TO THE PROVISIONS OF
SUBDIVISION ONE OR TWO OF SECTION TWO  HUNDRED  EIGHTY-EIGHT-B  OF  THIS
TITLE, EXCEPT AS OTHERWISE QUALIFIED BY THIS TITLE.
  2.  THE  PROVISIONS  OF THIS TITLE SHALL APPLY TO AND AFFECT ONLY SUCH
PART OF A TOWN AS IS OUTSIDE THE LIMITS  OF  ANY  INCORPORATED  VILLAGE;
PROVIDED,  FURTHER,  THAT  ALL  CHARGES AND EXPENSES INCURRED UNDER THIS
TITLE FOR THE EXERCISE OF THE  AUTHORIZATIONS  PROVIDED  BY  THIS  TITLE
SHALL  BE  A  CHARGE  UPON THE TAXABLE PROPERTY OF THAT PART OF THE TOWN
OUTSIDE OF ANY INCORPORATED VILLAGE. THE TOWN BOARD IS HEREBY AUTHORIZED
AND EMPOWERED TO MAKE SUCH APPROPRIATION AS IT  MAY  SEE  FIT  FOR  SUCH
CHARGES  AND  EXPENSES; PROVIDED, HOWEVER, THAT SUCH APPROPRIATION SHALL
BE THE ESTIMATED CHARGES AND EXPENSES LESS FEES, IF ANY, COLLECTED,  AND
PROVIDED  THAT  THE AMOUNT SO APPROPRIATED SHALL BE ASSESSED, LEVIED AND
COLLECTED FROM THE PROPERTY OUTSIDE OF ANY INCORPORATED VILLAGE.
  3. THE PROVISIONS OF  SECTIONS  TWO  HUNDRED  EIGHTY-THREE-A  AND  TWO
HUNDRED  EIGHTY-FOUR  OF THIS ARTICLE SHALL APPLY TO THE EXERCISE OF THE
AUTHORIZATIONS PROVIDED BY SUBDIVISION ONE OF THIS SECTION AND  SUBDIVI-
SION  ONE  OR  TWO  OF SECTION TWO HUNDRED EIGHTY-EIGHT-B OF THIS TITLE,
EXCEPT AS OTHERWISE QUALIFIED BY THIS TITLE.
  4. THE EXERCISE OF ANY OF THE AUTHORIZATIONS PROVIDED BY  SECTION  TWO
HUNDRED  EIGHTY-EIGHT-B  OF THIS TITLE SHALL NOT BE DEEMED TO REQUIRE AN
AMENDMENT TO A TOWN COMPREHENSIVE PLAN, NOR  SHALL  IT  REQUIRE  FURTHER
COMPLIANCE WITH THE PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW
ACT  UNDER  ARTICLE  EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ITS
IMPLEMENTING REGULATIONS FOR SUBSEQUENT SITE SPECIFIC ACTIONS  THAT  ARE
IN  CONFORMANCE  WITH THE CONDITIONS AND THRESHOLDS ESTABLISHED FOR SUCH
ACTIONS IN THE GENERIC ENVIRONMENTAL IMPACT STATEMENT AND  ITS  FINDINGS
PREPARED  IN  CONNECTION  WITH A TOWN COMPREHENSIVE PLAN OR AN AMENDMENT
THERETO.
  S 288-D. DISCLOSURE.  1.  WHEN  ANY  PURCHASE  AND  SALE  CONTRACT  IS
PRESENTED  FOR  THE  SALE,  PURCHASE  OR  EXCHANGE OF REAL PROPERTY WITH

S. 666                              5

RESPECT TO WHICH THERE HAS BEEN AN EXERCISE OF AN AUTHORIZATION PURSUANT
TO SECTION TWO HUNDRED EIGHTY-EIGHT-B OF  THIS  TITLE,  THE  PROSPECTIVE
GRANTOR  SHALL  PRESENT  TO  THE PROSPECTIVE GRANTEE A DISCLOSURE NOTICE
WHICH STATES THE FOLLOWING:
  "IT  IS  THE POLICY OF THIS STATE AND THIS COMMUNITY TO PRESERVE OPEN,
SCENIC AND NATURAL SPACES, INCLUDING AGRICULTURAL LAND  AND  FARM  WOOD-
LAND. THIS DISCLOSURE NOTICE IS TO INFORM PROSPECTIVE RESIDENTS THAT THE
PROPERTY  THEY ARE ABOUT TO ACQUIRE HAS BEEN SUBJECT TO SUCH A PRESERVA-
TION MEASURE THAT MAY LIMIT THE PROPERTY OWNERS' RIGHTS  AND  RESULT  IN
PUBLIC ACCESS."
  2.  SUCH  DISCLOSURE NOTICE SHALL BE SIGNED BY THE PROSPECTIVE GRANTOR
AND GRANTEE PRIOR TO THE SALE, PURCHASE OR EXCHANGE OF SUCH REAL PROPER-
TY, OR THE EXECUTION OF ANY CONTRACT THEREFOR IF A CONTRACT  BE  ENTERED
INTO THEREFOR.
  3.  RECEIPT  OF SUCH DISCLOSURE NOTICE SHALL BE RECORDED ON A PROPERTY
TRANSFER REPORT FORM PRESCRIBED BY THE  STATE  BOARD  OF  REAL  PROPERTY
SERVICES  AS  PROVIDED  FOR IN SECTION THREE HUNDRED THIRTY-THREE OF THE
REAL PROPERTY LAW.
  S 3. Subdivision 4 of section 261-b of the town law, as added by chap-
ter 629 of the laws of 1991, is amended to read as follows:
  4. Invalidations. Nothing in this section shall be construed to inval-
idate any provision for incentives or bonuses  heretofore  OR  HEREAFTER
adopted by any town board.
  S  4. Sections 7-700 through 7-742 of article 7 of the village law are
designated title 1 and a new title heading is added to read as follows:
                           GENERAL PROVISIONS
  S 5. Article 7 of the village law is amended by adding a new  title  2
to read as follows:
                                  TITLE 2
                      SPECIAL OPEN SPACE PROVISIONS
SECTION 7-751 PURPOSE.
        7-752 DEFINITIONS.
        7-753 AUTHORIZATIONS.
        7-754 APPLICABILITY OF PROVISIONS OF OTHER LAWS.
        7-755 DISCLOSURE.
  S  7-751 PURPOSE. 1. IN ACCORDANCE WITH PREVIOUS LEGISLATIVE FINDINGS,
THE LEGISLATURE NOTES THE CONTINUING LOSS OF OPEN,  SCENIC  AND  NATURAL
SPACES  AND AREAS AS THEY ARE CONVERTED TO VARIOUS USES, AMONG THE CHIEF
CONCERNS BEING THE LOSS OF AGRICULTURAL LAND AND THE REDUCTION OF  AGRI-
CULTURAL PRODUCTIVITY AS AN IMPOVERISHMENT OF THE STATE'S ECONOMY.
  2.  IT IS THEREFORE THE PURPOSE OF THIS TITLE TO PERMIT VILLAGES, ON A
PURELY OPTIONAL BASIS, TO OFFER ADDITIONAL MEANS AND INCENTIVES FOR  THE
PRESERVATION  OF  AGRICULTURAL LANDS AND FARMS; OPEN, SCENIC AND NATURAL
SPACES, AREAS, WOODLANDS AND WETLANDS.  THE ACQUISITION OF INTERESTS  OR
RIGHTS IN REAL PROPERTY FOR THE PRESERVATION OF OPEN, SCENIC AND NATURAL
SPACES,  AREAS,  WOODLANDS AND WETLANDS, INCLUDING AGRICULTURAL LAND AND
FARMS, CONSTITUTES A PUBLIC  PURPOSE  FOR  WHICH  PUBLIC  FUNDS  MAY  BE
EXPENDED OR ADVANCED.
  3.  THE  PROVISIONS  OF THIS TITLE ARE INTENDED TO BE SUPPLEMENTARY TO
THE PROVISIONS OF TITLE ONE OF THIS ARTICLE AND ARE TO BE  CONSTRUED  AS
SUPERSEDING  SUCH  TITLE OR ANY OTHER PROVISION OF ANY GENERAL, SPECIAL,
OR LOCAL LAW OR CHARTER ONLY INSOFAR AS THE PROVISIONS OF THIS TITLE ARE
INCONSISTENT THEREWITH.
  S 7-752 DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
  1. "AGRICULTURAL ASSESSMENT" MEANS AN ASSESSMENT AUTHORIZED BY SECTION
THREE HUNDRED FIVE OR THREE HUNDRED SIX OF THE AGRICULTURE  AND  MARKETS

S. 666                              6

LAW;  OR AN ALTERNATIVE AGRICULTURAL ASSESSMENT PROGRAM ESTABLISHED BY A
LOCAL LAW ENACTED BY A TOWN.  SUCH ALTERNATIVE  AGRICULTURAL  ASSESSMENT
PROGRAM  MAY  PROVIDE  GREATER BENEFITS TO LANDOWNERS, PROVIDED THAT THE
PROVISION  OF  SUCH  BENEFITS  SHALL  NOT  BE  LESS RESTRICTIVE THAN THE
REQUIREMENTS OF SECTION THREE HUNDRED FIVE OR THREE HUNDRED SIX  OF  THE
AGRICULTURE AND MARKETS LAW.
  2.  "AGRICULTURAL  ASSESSMENT VALUE" MEANS THE VALUE PER ACRE ASSIGNED
TO LAND FOR ASSESSMENT PURPOSES DETERMINED PURSUANT TO  THE  CAPITALIZED
VALUE OF PRODUCTION PROCEDURE PRESCRIBED BY SECTION THREE HUNDRED FOUR-A
OF  THE  AGRICULTURE  AND  MARKETS  LAW,  WHETHER APPLICABLE PURSUANT TO
SECTION THREE HUNDRED FIVE OR THREE HUNDRED SIX OF SUCH  LAW.  PROVIDED,
HOWEVER,  THAT SUCH TERM MAY HAVE A DIFFERENT DEFINITION AS SPECIFIED BY
AN OPEN SPACE LOCAL LAW OR LOCAL LAND USE PLAN THAT IS  ENACTED  BY  THE
VILLAGE BOARD OF TRUSTEES.
  3. "CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS" SHALL HAVE THE SAME MEAN-
ING  AS  IS  ASCRIBED  TO  SUCH TERM BY SUBDIVISION TWO OF SECTION THREE
HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW, PROVIDED THAT SUCH DEFI-
NITION MAY BE EXPANDED TO SUCH OTHER AGRICULTURAL CROPS AS MAY BE SPECI-
FIED IN AN OPEN SPACE LOCAL LAW OR LOCAL LAND USE PLAN THAT  IS  ENACTED
BY THE VILLAGE BOARD OF TRUSTEES.
  4.  "FARM  WOODLAND"  OR "WOODLAND" MEANS LAND USED FOR THE PRODUCTION
FOR SALE OF WOODLAND  PRODUCTS  AS  PROVIDED  IN  SUBDIVISION  THREE  OF
SECTION  THREE  HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW. WOODLAND
SHALL HAVE SUCH MEANING AS SHALL BE ESTABLISHED BY AN OPEN  SPACE  LOCAL
LAW OR LOCAL LAND USE PLAN ENACTED BY THE VILLAGE BOARD OF TRUSTEES. ANY
SUCH  DEFINITION  SHALL  NOT  ESTABLISH  THE MINIMUM ACREAGE OF PARCELS,
ANNUAL GROSS SALES VALUE, IF ANY, AND ANY OTHER CRITERIA  DEEMED  APPRO-
PRIATE BY THE VILLAGE BOARD OF TRUSTEES.
  5.  "LAND USED IN AGRICULTURAL PRODUCTION" SHALL HAVE THE SAME MEANING
AS IS ASCRIBED TO SUCH TERM PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION
THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW, PROVIDED THAT SUCH
DEFINITION  MAY  BE  EXPANDED  TO INCLUDE OTHER LANDS THAT ARE EITHER IN
AGRICULTURAL  PRODUCTION  OR  POTENTIALLY  COULD  BE   IN   AGRICULTURAL
PRODUCTION  WHICH  MAY  BE SPECIFIED IN AN OPEN SPACE LOCAL LAW OR LOCAL
LAND USE PLAN THAT IS ENACTED BY  THE  VILLAGE  BOARD  OF  TRUSTEES.  IN
DEFINING  "POTENTIALLY  COULD  BE  IN AGRICULTURAL PRODUCTION", THE OPEN
SPACE LOCAL LAW OR LOCAL LAND USE PLAN SHALL ONLY CLASSIFY VIABLE  AGRI-
CULTURAL  LAND, AS DEFINED IN SUBDIVISION SEVEN OF SECTION THREE HUNDRED
ONE OF THE AGRICULTURE AND MARKETS LAW, AS UNIQUE OR IRREPLACEABLE AGRI-
CULTURAL LAND, AS DEFINED IN SUBDIVISION SIX OF  SECTION  THREE  HUNDRED
ONE  OF THE AGRICULTURE AND MARKETS LAW, THAT IF FARMED COULD SUSTAIN AN
ECONOMICALLY VIABLE FARM OPERATION, AS DEFINED IN SUBDIVISION ELEVEN  OF
SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
  6.  "CONVERSION"  MEANS AN OUTWARD OR AFFIRMATIVE ACT CHANGING THE USE
OF AGRICULTURAL LAND AND SHALL NOT MEAN THE NONUSE  OR  IDLING  OF  SUCH
LAND.
  7.  "GROSS  SALES VALUE" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO
SUCH TERM PURSUANT TO SUBDIVISION NINE OF SECTION THREE HUNDRED  ONE  OF
THE  AGRICULTURE  AND  MARKETS LAW, PROVIDED THAT SUCH DEFINITION MAY BE
EXPANDED TO INCLUDE OTHER SOURCES OF GROSS SALES VALUE AS  SPECIFIED  IN
AN  OPEN  SPACE  LOCAL LAW OR LOCAL LAND USE PLAN THAT IS ENACTED BY THE
VILLAGE BOARD OF TRUSTEES.
  8. "FARM OPERATION" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH
TERM PURSUANT TO SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF  THE
AGRICULTURE AND MARKETS LAW.

S. 666                              7

  9.  "COMMERCIAL  HORSE BOARDING OPERATION" SHALL HAVE THE SAME MEANING
AS IS ASCRIBED TO SUCH TERM PURSUANT TO SUBDIVISION THIRTEEN OF  SECTION
THREE  HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW, PROVIDED THAT THE
DEFINITION OF SUCH TERM MAY BE  EXPANDED  TO  INCLUDE  OTHER  ACTIVITIES
RELATED  TO  SUCH AN OPERATION AS PROVIDED IN AN OPEN SPACE LOCAL LAW OR
LOCAL LAND USE PLAN THAT IS ENACTED BY THE VILLAGE  BOARD  OF  TRUSTEES.
UNDER  NO  CIRCUMSTANCES  SHALL THIS SUBDIVISION BE CONSTRUED TO INCLUDE
OPERATIONS WHOSE PRIMARY ON SITE FUNCTION IS HORSE RACING.
  10. "TIMBER PROCESSING" SHALL HAVE THE SAME MEANING AS IS ASCRIBED  TO
SUCH  TERM PURSUANT TO SUBDIVISION FOURTEEN OF SECTION THREE HUNDRED ONE
OF THE AGRICULTURE AND MARKETS LAW, PROVIDED THAT SUCH DEFINITION MAY BE
EXPANDED AS PROVIDED IN AN OPEN SPACE LOCAL LAW OR LOCAL LAND  USE  PLAN
ENACTED BY THE VILLAGE BOARD OF TRUSTEES.
  11.  "OPEN,  SCENIC  AND  NATURAL SPACES AND AREAS" MEANS ANY SPACE OR
AREA CHARACTERIZED BY (1) NATURAL, SCENIC BEAUTY, OR (2) WHOSE  EXISTING
OPENNESS,  NATURAL CONDITION OR PRESENT STATE OF USE, IF RETAINED, WOULD
MAINTAIN OR ENHANCE THE CONSERVATION OF  NATURAL  OR  SCENIC  RESOURCES.
NATURAL RESOURCES INCLUDES, BUT IS NOT LIMITED TO, LAND USED IN AGRICUL-
TURAL PRODUCTION, FARM WOODLAND, WOODLANDS OR WETLANDS.
  12. "LAND USE REGULATION" SHALL MEAN AN ORDINANCE OR LOCAL LAW ENACTED
BY  A  LOCAL GOVERNMENT FOR THE REGULATION OF ANY ASPECT OF LAND USE AND
COMMUNITY RESOURCE PROTECTION  AND  INCLUDES  ANY  ZONING,  SUBDIVISION,
SPECIAL USE PERMIT OR SITE PLAN REGULATION OR ANY OTHER REGULATION WHICH
PRESCRIBES  THE  APPROPRIATE  USE OF PROPERTY OR THE SCALE, LOCATION AND
INTENSITY OF DEVELOPMENT.
  13. "PRESERVATION" SHALL MEAN MAINTAINING LANDS IN EXISTING  USES,  OR
USES  THAT  ARE  COMPATIBLE WITH EXISTING USES AND WHICH DO NOT INCREASE
THE OVERALL DENSITY OF DEVELOPMENT IN AN AREA AND MAINTAIN SCENIC,  OPEN
SPACE,  WATER  QUALITY, WETLANDS, AGRICULTURAL LANDS AND WILDLIFE CONDI-
TIONS IN AN AREA, OR RESTORING LANDS TO AN OPEN CONDITION.
  S 7-753 AUTHORIZATIONS. IN FURTHERANCE OF THE PURPOSES OF THIS  TITLE,
A VILLAGE MAY:
  1. ACQUIRE, BY PURCHASE, GIFT, GRANT, BEQUEST, DEVISE, LEASE OR OTHER-
WISE,  THE  FEE  OR  ANY  LESSER  INTEREST, DEVELOPMENT RIGHT, EASEMENT,
COVENANT OR OTHER CONTRACTUAL RIGHT NECESSARY TO ACHIEVE THE PURPOSES OF
THIS TITLE, TO OPEN, SCENIC OR  NATURAL  SPACES  OR  AREAS  WITHIN  SUCH
VILLAGE; AND
  2.  GRANT TO OR TREAT ANY RIGHT, TITLE OR INTEREST SET FORTH IN SUBDI-
VISION ONE OF THIS SECTION, TREATING ALIKE ALL SUCH THINGS OF  THE  SAME
CHARACTER:
  A.  IN  THE CASE OF ANY RIGHT, TITLE OR INTEREST RECEIVING OR ELIGIBLE
TO RECEIVE AN AGRICULTURAL ASSESSMENT, AN EXEMPTION FROM  REAL  PROPERTY
TAXATION OF UP TO FIFTY PERCENT OF THE AGRICULTURAL ASSESSMENT VALUE; OR
  B.  IN  THE CASE OF ANY RIGHT, TITLE OR INTEREST INELIGIBLE TO RECEIVE
AN AGRICULTURAL ASSESSMENT, AN EXEMPTION FROM REAL PROPERTY TAXATION  OF
UP TO FIFTY PERCENT OF THE ASSESSED VALUATION THEREOF; AND
  C.  IN  EITHER CASE, FULL OR PARTIAL EXEMPTION FROM SPECIAL AD VALOREM
LEVIES AND SPECIAL ASSESSMENTS.
  ANY EXEMPTION GRANTED PURSUANT TO THE PROVISIONS OF PARAGRAPHS A, B OR
C OF THIS SUBDIVISION SHALL APPLY TO TAXES LEVIED BY ANY SCHOOL DISTRICT
OR PORTION THEREOF LYING WITHIN THE WHOLE OR A PART OF THE VILLAGE.
  3. TAKE SUCH MEASURES AS ARE AUTHORIZED BY SECTIONS 7-701 AND 7-703 OF
THIS ARTICLE WITHOUT NEED  OF  OR  REGARD  FOR  "DISTRICTS"  WITHIN  THE
CONTEMPLATION OF SAID SECTIONS.
  4. EXERCISE THE AUTHORIZATIONS PROVIDED BY SUBDIVISIONS ONE AND TWO OF
THIS  SECTION  IN  CONNECTION  WITH THE ESTABLISHMENT OR MODIFICATION OF

S. 666                              8

PLANNED UNIT DEVELOPMENT ZONING DISTRICTS AUTHORIZED BY SECTION  7-703-A
OF  THIS  ARTICLE  OR  THE  APPROVAL OF CLUSTER DEVELOPMENTS PURSUANT TO
SECTION 7-738 OF THIS ARTICLE.
  5. GRANT ANY OTHER BENEFIT THE VILLAGE BOARD OF TRUSTEES DEEMS REASON-
ABLE  FOR  THE  ESTABLISHMENT AND MAINTENANCE OF OPEN, SCENIC OR NATURAL
SPACE WITHIN THE VILLAGE.
  6. IN CONSIDERATION OF AN EXERCISE  OF  A  POWER  AUTHORIZED  BY  THIS
SECTION,  A  VILLAGE MAY REQUIRE THE AFFECTED PROPERTY TO BE MADE AVAIL-
ABLE FOR ENVIRONMENTALLY APPROPRIATE PUBLIC RECREATIONAL USE IN A MANNER
THAT DOES NOT INTERFERE WITH THE PROPERTY RIGHTS, LAWFUL FARMING  OPERA-
TION,  AGRICULTURAL  PRODUCTION OR FARM WOODLAND ACTIVITIES OCCURRING ON
SUCH PROPERTY OR WITH THE RIGHTS OF ADJACENT PROPERTY OWNERS.
  S 7-754 APPLICABILITY OF PROVISIONS OF OTHER LAWS. 1.  THE  PROVISIONS
OF  SECTION  TWO  HUNDRED FORTY-SEVEN OF THE GENERAL MUNICIPAL LAW SHALL
APPLY TO THE EXERCISE OF ANY AUTHORIZATION PURSUANT TO THE PROVISIONS OF
SUBDIVISION ONE OR TWO OF SECTION 7-753 OF THIS TITLE, EXCEPT AS  OTHER-
WISE QUALIFIED BY THIS TITLE.
  2. THE COST OF SUCH ACQUISITION OF INTERESTS OR RIGHTS MAY BE INCURRED
WHOLLY  AT  THE  EXPENSE OF THE VILLAGE, AT THE EXPENSE OF THE OWNERS OF
THE LANDS BENEFITED THEREBY, OR PARTLY AT THE EXPENSE OF SUCH OWNERS AND
PARTLY AT THE EXPENSE OF THE VILLAGE AT LARGE AS A LOCAL IMPROVEMENT  IN
THE MANNER PROVIDED BY ARTICLE TWENTY-TWO OF THIS CHAPTER ENTITLED LOCAL
IMPROVEMENTS.    THE  VILLAGE BOARD OF TRUSTEES IS HEREBY AUTHORIZED AND
EMPOWERED TO MAKE SUCH APPROPRIATION AS IT MAY SEE FIT FOR SUCH  CHARGES
AND  EXPENSES;  PROVIDED,  HOWEVER, THAT SUCH APPROPRIATION SHALL BE THE
ESTIMATED CHARGES  AND  EXPENSES  LESS  FEES,  IF  ANY,  COLLECTED,  AND
PROVIDED  THAT  THE AMOUNT SO APPROPRIATED SHALL BE ASSESSED, LEVIED AND
COLLECTED AS DETERMINED PURSUANT  TO  THE  PRECEDING  SENTENCE  OF  THIS
SUBDIVISION.
  3.  THE  PROVISIONS  OF SECTIONS 7-739 AND 7-741 OF THIS ARTICLE SHALL
APPLY TO THE EXERCISE OF THE AUTHORIZATIONS PROVIDED BY SUBDIVISION  ONE
OF  THIS  SECTION  AND  SUBDIVISION  ONE OR TWO OF SECTION 7-753 OF THIS
TITLE, EXCEPT AS OTHERWISE QUALIFIED BY THIS TITLE.
  4. THE EXERCISE OF ANY OF THE AUTHORIZATIONS PROVIDED BY SECTION 7-753
OF THIS TITLE SHALL NOT BE DEEMED TO REQUIRE AN AMENDMENT TO  A  VILLAGE
COMPREHENSIVE  PLAN,  NOR  SHALL  IT REQUIRE FURTHER COMPLIANCE WITH THE
PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT  UNDER  ARTICLE
EIGHT  OF  THE ENVIRONMENTAL CONSERVATION LAW AND ITS IMPLEMENTING REGU-
LATIONS FOR SUBSEQUENT SITE SPECIFIC ACTIONS  THAT  ARE  IN  CONFORMANCE
WITH  THE  CONDITIONS AND THRESHOLDS ESTABLISHED FOR SUCH ACTIONS IN THE
GENERIC ENVIRONMENTAL IMPACT STATEMENT  AND  ITS  FINDINGS  PREPARED  IN
CONNECTION WITH A VILLAGE COMPREHENSIVE PLAN OR AN AMENDMENT THERETO.
  S  7-755  DISCLOSURE.  1.  WHEN  ANY  PURCHASE  AND  SALE  CONTRACT IS
PRESENTED FOR THE SALE, PURCHASE  OR  EXCHANGE  OF  REAL  PROPERTY  WITH
RESPECT TO WHICH THERE HAS BEEN AN EXERCISE OF AN AUTHORIZATION PURSUANT
TO SECTION 7-753 OF THIS TITLE, THE PROSPECTIVE GRANTOR SHALL PRESENT TO
THE PROSPECTIVE GRANTEE A DISCLOSURE NOTICE WHICH STATES THE FOLLOWING:
  "IT  IS  THE POLICY OF THIS STATE AND THIS COMMUNITY TO PRESERVE OPEN,
SCENIC AND NATURAL SPACES, INCLUDING AGRICULTURAL LAND  AND  FARM  WOOD-
LAND. THIS DISCLOSURE NOTICE IS TO INFORM PROSPECTIVE RESIDENTS THAT THE
PROPERTY  THEY ARE ABOUT TO ACQUIRE HAS BEEN SUBJECT TO SUCH A PRESERVA-
TION MEASURE THAT MAY LIMIT THE PROPERTY OWNERS' RIGHTS  AND  RESULT  IN
PUBLIC ACCESS."
  2.  SUCH  DISCLOSURE NOTICE SHALL BE SIGNED BY THE PROSPECTIVE GRANTOR
AND GRANTEE PRIOR TO THE SALE, PURCHASE OR EXCHANGE OF SUCH REAL PROPER-

S. 666                              9

TY, OR THE EXECUTION OF ANY CONTRACT THEREFOR IF A CONTRACT  BE  ENTERED
INTO THEREFOR.
  3.  RECEIPT  OF SUCH DISCLOSURE NOTICE SHALL BE RECORDED ON A PROPERTY
TRANSFER REPORT FORM PRESCRIBED BY THE  STATE  BOARD  OF  REAL  PROPERTY
SERVICES  AS  PROVIDED  FOR IN SECTION THREE HUNDRED THIRTY-THREE OF THE
REAL PROPERTY LAW.
  S 6. The general municipal law is amended by adding a new article 13-E
to read as follows:

                              ARTICLE 13-E
                               OPEN SPACE

SECTION 300. PURPOSE.
        301. DEFINITIONS.
        302. AUTHORIZATIONS.
        303. APPLICABILITY OF PROVISIONS OF OTHER LAWS.
        304. DISCLOSURE.

  S 300. PURPOSE. 1.  IN ACCORDANCE WITH PREVIOUS LEGISLATIVE  FINDINGS,
THE  LEGISLATURE  NOTES  THE CONTINUING LOSS OF OPEN, SCENIC AND NATURAL
SPACES AND AREAS AS THEY ARE CONVERTED TO VARIOUS USES, AMONG THE  CHIEF
CONCERNS  BEING THE LOSS OF AGRICULTURAL LAND AND THE REDUCTION OF AGRI-
CULTURAL PRODUCTIVITY AS AN IMPOVERISHMENT OF THE STATE'S ECONOMY.
  2. IT IS THEREFORE THE PURPOSE OF THIS ARTICLE TO PERMIT TOWNS,  ON  A
PURELY  OPTIONAL BASIS, TO OFFER ADDITIONAL MEANS AND INCENTIVES FOR THE
PRESERVATION OF OPEN AGRICULTURAL LANDS AND FARMS;  SCENIC  AND  NATURAL
SPACES,  AREAS, WOODLANDS AND WETLANDS.  THE ACQUISITION OF INTERESTS OR
RIGHTS IN REAL PROPERTY FOR THE PRESERVATION OF OPEN, SCENIC AND NATURAL
SPACES, AREAS, WOODLANDS AND WETLANDS, INCLUDING AGRICULTURAL  LAND  AND
FARMS,  CONSTITUTES  A  PUBLIC  PURPOSE  FOR  WHICH  PUBLIC FUNDS MAY BE
EXPENDED OR ADVANCED.
  3. THE PROVISIONS OF THIS ARTICLE ARE TO BE CONSTRUED  AS  SUPERSEDING
ANY  OTHER  PROVISION  OF  ANY GENERAL, SPECIAL, OR LOCAL LAW OR CHARTER
ONLY INSOFAR AS THE PROVISIONS OF THIS ARTICLE ARE  INCONSISTENT  THERE-
WITH.
  S 301. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "AGRICULTURAL ASSESSMENT" MEANS AN ASSESSMENT AUTHORIZED BY SECTION
THREE  HUNDRED  FIVE OR THREE HUNDRED SIX OF THE AGRICULTURE AND MARKETS
LAW; AN ALTERNATIVE AGRICULTURAL ASSESSMENT  PROGRAM  ESTABLISHED  BY  A
LOCAL LAW ENACTED BY A COUNTY.  SUCH ALTERNATIVE AGRICULTURAL ASSESSMENT
PROGRAM  MAY  PROVIDE  GREATER BENEFITS TO LANDOWNERS, PROVIDED THAT THE
PROVISION OF SUCH BENEFITS  SHALL  NOT  BE  LESS  RESTRICTIVE  THAN  THE
REQUIREMENTS  OF  SECTION THREE HUNDRED FIVE OR THREE HUNDRED SIX OF THE
AGRICULTURE AND MARKETS LAW.
  2. "AGRICULTURAL ASSESSMENT VALUE" MEANS THE VALUE PER  ACRE  ASSIGNED
TO  LAND  FOR ASSESSMENT PURPOSES DETERMINED PURSUANT TO THE CAPITALIZED
VALUE OF PRODUCTION PROCEDURE PRESCRIBED BY SECTION THREE HUNDRED FOUR-A
OF THE AGRICULTURE AND  MARKETS  LAW,  WHETHER  APPLICABLE  PURSUANT  TO
SECTION  THREE HUNDRED FIVE OR THREE HUNDRED SIX OF SUCH LAW.  PROVIDED,
HOWEVER, THAT SUCH TERM MAY HAVE A DIFFERENT DEFINITION AS SPECIFIED  BY
AN  OPEN  SPACE  LOCAL LAW OR LOCAL LAND USE PLAN THAT IS ENACTED BY THE
COUNTY LEGISLATIVE BODY.
  3. "CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS" SHALL HAVE THE SAME MEAN-
ING AS ASCRIBED TO SUCH TERM BY SUBDIVISION TWO OF SECTION THREE HUNDRED
ONE OF THE AGRICULTURE AND MARKETS LAW, PROVIDED  THAT  SUCH  DEFINITION
MAY  BE EXPANDED TO SUCH OTHER AGRICULTURAL CROPS AS MAY BE SPECIFIED IN

S. 666                             10

AN OPEN SPACE LOCAL LAW OR LOCAL LAND USE PLAN THAT IS  ENACTED  BY  THE
COUNTY LEGISLATIVE BODY.
  4.  "FARM  WOODLAND"  OR "WOODLAND" MEANS LAND USED FOR THE PRODUCTION
FOR SALE OF WOODLAND  PRODUCTS  AS  PROVIDED  IN  SUBDIVISION  THREE  OF
SECTION  THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.  WOODLAND
SHALL HAVE SUCH MEANING AS SHALL BE ESTABLISHED BY AN OPEN  SPACE  LOCAL
LAW  OR LOCAL LAND USE PLAN ENACTED BY THE COUNTY LEGISLATIVE BODY.  ANY
SUCH DEFINITION SHALL NOT ESTABLISH  THE  MINIMUM  ACREAGE  OF  PARCELS,
ANNUAL  GROSS  SALES VALUE, IF ANY, AND ANY OTHER CRITERIA DEEMED APPRO-
PRIATE BY THE COUNTY LEGISLATIVE BODY.
  5. "LAND USED IN AGRICULTURAL PRODUCTION" SHALL HAVE THE SAME  MEANING
AS  IS  ASCRIBED  TO  SUCH  TERM PURSUANT TO SUBDIVISION FOUR OF SECTION
THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW, PROVIDED THAT SUCH
DEFINITION MAY BE EXPANDED TO INCLUDE OTHER LANDS  THAT  ARE  EITHER  IN
AGRICULTURAL   PRODUCTION   OR  POTENTIALLY  COULD  BE  IN  AGRICULTURAL
PRODUCTION WHICH MAY BE SPECIFIED IN AN OPEN SPACE LOCAL  LAW  OR  LOCAL
LAND  USE PLAN THAT IS ENACTED BY THE COUNTY LEGISLATIVE BODY. IN DEFIN-
ING "POTENTIALLY COULD BE IN AGRICULTURAL PRODUCTION",  THE  OPEN  SPACE
LOCAL LAW OR LOCAL LAND USE PLAN SHALL ONLY CLASSIFY VIABLE AGRICULTURAL
LAND,  AS  DEFINED  IN SUBDIVISION SEVEN OF SECTION THREE HUNDRED ONE OF
THE AGRICULTURE AND MARKETS LAW, AS UNIQUE OR IRREPLACEABLE AGRICULTURAL
LAND, AS DEFINED IN SUBDIVISION SIX OF SECTION THREE HUNDRED ONE OF  THE
AGRICULTURE  AND  MARKETS  LAW,  THAT IF FARMED COULD SUSTAIN AN ECONOM-
ICALLY VIABLE FARM  OPERATION,  AS  DEFINED  IN  SUBDIVISION  ELEVEN  OF
SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
  6.  "CONVERSION"  MEANS AN OUTWARD OR AFFIRMATIVE ACT CHANGING THE USE
OF AGRICULTURAL LAND AND SHALL NOT MEAN THE NONUSE  OR  IDLING  OF  SUCH
LAND.
  7.  "GROSS  SALES VALUE" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO
SUCH TERM PURSUANT TO SUBDIVISION NINE OF SECTION THREE HUNDRED  ONE  OF
THE  AGRICULTURE  AND  MARKETS LAW, PROVIDED THAT SUCH DEFINITION MAY BE
EXPANDED TO INCLUDE OTHER SOURCES OF GROSS SALES VALUE AS  SPECIFIED  IN
AN  OPEN  SPACE  LOCAL LAW OR LOCAL LAND USE PLAN THAT IS ENACTED BY THE
COUNTY LEGISLATIVE BODY.
  8. "FARM OPERATION" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH
TERM PURSUANT TO SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF  THE
AGRICULTURE AND MARKETS LAW.
  9.  "COMMERCIAL  HORSE BOARDING OPERATION" SHALL HAVE THE SAME MEANING
AS IS ASCRIBED TO SUCH TERM PURSUANT TO SUBDIVISION THIRTEEN OF  SECTION
THREE  HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW, PROVIDED THAT THE
DEFINITION OF SUCH TERM MAY BE  EXPANDED  TO  INCLUDE  OTHER  ACTIVITIES
RELATED  TO  SUCH AN OPERATION AS PROVIDED IN AN OPEN SPACE LOCAL LAW OR
LOCAL LAND USE PLAN THAT IS ENACTED  BY  THE  COUNTY  LEGISLATIVE  BODY.
UNDER  NO  CIRCUMSTANCES  SHALL THIS SUBDIVISION BE CONSTRUED TO INCLUDE
OPERATIONS WHOSE PRIMARY ON SITE FUNCTION IS HORSE RACING.
  10. "TIMBER PROCESSING" SHALL HAVE THE SAME MEANING AS IS ASCRIBED  TO
SUCH  TERM PURSUANT TO SUBDIVISION FOURTEEN OF SECTION THREE HUNDRED ONE
OF THE AGRICULTURE AND MARKETS LAW, PROVIDED THAT SUCH DEFINITION MAY BE
EXPANDED AS PROVIDED IN AN OPEN SPACE LOCAL LAW OR LOCAL LAND  USE  PLAN
ENACTED BY THE COUNTY LEGISLATIVE BODY.
  11.  "OPEN,  SCENIC  AND  NATURAL SPACES AND AREAS" MEANS ANY SPACE OR
AREA CHARACTERIZED BY (1) NATURAL, SCENIC BEAUTY, OR (2) WHOSE  EXISTING
OPENNESS,  NATURAL CONDITION OR PRESENT STATE OF USE, IF RETAINED, WOULD
MAINTAIN OR ENHANCE THE CONSERVATION OF  NATURAL  OR  SCENIC  RESOURCES.
NATURAL RESOURCES INCLUDES, BUT IS NOT LIMITED TO, LAND USED IN AGRICUL-
TURAL PRODUCTION, FARM WOODLANDS, WOODLANDS OR WETLANDS.

S. 666                             11

  12. "LAND USE REGULATION" SHALL MEAN AN ORDINANCE OR LOCAL LAW ENACTED
BY  A  LOCAL GOVERNMENT FOR THE REGULATION OF ANY ASPECT OF LAND USE AND
COMMUNITY RESOURCE PROTECTION  AND  INCLUDES  ANY  ZONING,  SUBDIVISION,
SPECIAL USE PERMIT OR SITE PLAN REGULATION OR ANY OTHER REGULATION WHICH
PRESCRIBES  THE  APPROPRIATE  USE OF PROPERTY OR THE SCALE, LOCATION AND
INTENSITY OF DEVELOPMENT.
  13. "PRESERVATION" SHALL MEAN MAINTAINING LANDS IN EXISTING  USES,  OR
USES  THAT  ARE  COMPATIBLE WITH EXISTING USES AND WHICH DO NOT INCREASE
THE OVERALL DENSITY OF DEVELOPMENT IN AN AREA AND MAINTAIN SCENIC,  OPEN
SPACE,  WATER  QUALITY, WETLANDS, AGRICULTURAL LANDS AND WILDLIFE CONDI-
TIONS IN AN AREA, OR RESTORING LANDS TO AN OPEN CONDITION.
  S 302. AUTHORIZATIONS. IN FURTHERANCE OF THE PURPOSES OF THIS ARTICLE,
A COUNTY MAY:
  1. ACQUIRE, BY PURCHASE, GIFT, GRANT, BEQUEST, DEVISE, LEASE OR OTHER-
WISE, THE FEE OR  ANY  LESSER  INTEREST,  DEVELOPMENT  RIGHT,  EASEMENT,
COVENANT OR OTHER CONTRACTUAL RIGHT NECESSARY TO ACHIEVE THE PURPOSES OF
THIS ARTICLE, TO OPEN, SCENIC OR NATURAL SPACES OR AREAS WITHIN ANY PART
OF  SUCH  TOWN  NOT  INCLUDED  WITHIN  THE BOUNDARIES OF AN INCORPORATED
VILLAGE; AND
  2. GRANT TO OR TREAT ANY RIGHT, TITLE OR INTEREST SET FORTH IN  SUBDI-
VISION  ONE  OF THIS SECTION, TREATING ALIKE ALL SUCH THINGS OF THE SAME
CHARACTER:
  A. IN THE CASE OF ANY RIGHT, TITLE OR INTEREST RECEIVING  OR  ELIGIBLE
TO  RECEIVE  AN AGRICULTURAL ASSESSMENT, AN EXEMPTION FROM REAL PROPERTY
TAXATION OF UP TO FIFTY PERCENT OF THE AGRICULTURAL ASSESSMENT VALUE; OR
  B. IN THE CASE OF ANY RIGHT, TITLE OR INTEREST INELIGIBLE  TO  RECEIVE
AN  AGRICULTURAL ASSESSMENT, AN EXEMPTION FROM REAL PROPERTY TAXATION OF
UP TO FIFTY PERCENT OF THE ASSESSED VALUATION THEREOF; AND
  C. IN EITHER CASE, FULL OR PARTIAL EXEMPTION FROM SPECIAL  AD  VALOREM
LEVIES AND SPECIAL ASSESSMENTS.
  ANY EXEMPTION GRANTED PURSUANT TO THE PROVISIONS OF PARAGRAPHS A, B OR
C  OF  THIS SUBDIVISION SHALL APPLY TO TAXES LEVIED BY A SCHOOL DISTRICT
OR SPECIAL DISTRICT OR PORTION THEREOF LYING WITHIN THE WHOLE OR A  PART
OF THE TOWN.
  3. TAKE SUCH MEASURES WITHOUT NEED OF OR REGARD FOR THE COUNTY COMPRE-
HENSIVE PLAN.
  4. EXERCISE THE AUTHORIZATIONS PROVIDED BY SUBDIVISIONS ONE AND TWO OF
THIS  SECTION  IN  CONNECTION  WITH THE ESTABLISHMENT OR MODIFICATION OF
TOWN OR VILLAGE PLANNED UNIT DEVELOPMENT ZONING DISTRICTS AUTHORIZED  OR
THE APPROVAL OF CLUSTER DEVELOPMENTS.
  5.  GRANT  ANY OTHER BENEFIT THE COUNTY LEGISLATIVE BODY DEEMS REASON-
ABLE FOR THE ESTABLISHMENT AND MAINTENANCE OF OPEN,  SCENIC  OR  NATURAL
SPACE WITHIN THE COUNTY.
  6.  IN  CONSIDERATION  OF  AN  EXERCISE  OF A POWER AUTHORIZED BY THIS
SECTION, A COUNTY MAY REQUIRE THE AFFECTED PROPERTY TO BE MADE AVAILABLE
FOR ENVIRONMENTALLY APPROPRIATE PUBLIC RECREATIONAL USE IN A MANNER THAT
DOES NOT INTERFERE WITH THE PROPERTY RIGHTS, LAWFUL  FARMING  OPERATION,
AGRICULTURAL  PRODUCTION  OR  FARM WOODLAND ACTIVITIES OCCURRING ON SUCH
PROPERTY OR WITH THE RIGHTS OF ADJACENT PROPERTY OWNERS.
  S 303. APPLICABILITY OF PROVISIONS OF OTHER LAWS. 1. THE PROVISIONS OF
SECTION TWO HUNDRED FORTY-SEVEN OF THIS CHAPTER SHALL APPLY TO THE EXER-
CISE OF ANY AUTHORIZATION PURSUANT TO THE PROVISIONS OF SUBDIVISION  ONE
OR TWO OF SECTION THREE HUNDRED TWO OF THIS ARTICLE, EXCEPT AS OTHERWISE
QUALIFIED BY THIS ARTICLE.
  2.   THE COUNTY LEGISLATIVE BODY IS HEREBY AUTHORIZED AND EMPOWERED TO
MAKE SUCH APPROPRIATION AS IT MAY SEE FIT FOR SUCH CHARGES AND EXPENSES.

S. 666                             12

  3. THE EXERCISE OF ANY OF THE AUTHORIZATIONS PROVIDED BY SECTION THREE
HUNDRED TWO OF THIS ARTICLE SHALL NOT BE DEEMED TO REQUIRE AN  AMENDMENT
TO  A COUNTY COMPREHENSIVE PLAN, NOR SHALL IT REQUIRE FURTHER COMPLIANCE
WITH THE PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT  UNDER
ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ITS IMPLEMENTING
REGULATIONS FOR SUBSEQUENT SITE SPECIFIC ACTIONS THAT ARE IN CONFORMANCE
WITH  THE  CONDITIONS AND THRESHOLDS ESTABLISHED FOR SUCH ACTIONS IN THE
GENERIC ENVIRONMENTAL IMPACT STATEMENT  AND  ITS  FINDINGS  PREPARED  IN
CONNECTION WITH A COUNTY COMPREHENSIVE PLAN OR AN AMENDMENT THERETO.
  S 304. DISCLOSURE. 1. WHEN ANY PURCHASE AND SALE CONTRACT IS PRESENTED
FOR  THE  SALE,  PURCHASE,  OR EXCHANGE OF REAL PROPERTY WITH RESPECT TO
WHICH THERE HAS BEEN AN EXERCISE OF AN AUTHORIZATION PURSUANT TO SECTION
THREE HUNDRED TWO OF THIS ARTICLE, THE PROSPECTIVE GRANTOR SHALL PRESENT
TO THE PROSPECTIVE GRANTEE A DISCLOSURE NOTICE WHICH STATES THE  FOLLOW-
ING:
  "IT  IS  THE POLICY OF THIS STATE AND THIS COMMUNITY TO PRESERVE OPEN,
SCENIC AND NATURAL SPACES, INCLUDING AGRICULTURAL LAND  AND  FARM.  THIS
DISCLOSURE  NOTICE  IS TO INFORM PROSPECTIVE RESIDENTS THAT THE PROPERTY
THEY ARE ABOUT TO ACQUIRE HAS BEEN SUBJECT TO SUCH A PRESERVATION  MEAS-
URE  THAT  MAY  LIMIT  THE  PROPERTY OWNERS' RIGHTS AND RESULT IN PUBLIC
ACCESS."
  2. SUCH DISCLOSURE NOTICE SHALL BE SIGNED BY THE  PROSPECTIVE  GRANTOR
AND GRANTEE PRIOR TO THE SALE, PURCHASE OR EXCHANGE OF SUCH REAL PROPER-
TY,  OR  THE EXECUTION OF ANY CONTRACT THEREFOR IF A CONTRACT BE ENTERED
INTO THEREFOR.
  3. RECEIPT OF SUCH DISCLOSURE NOTICE SHALL BE RECORDED ON  A  PROPERTY
TRANSFER  REPORT  FORM  PRESCRIBED  BY  THE STATE BOARD OF REAL PROPERTY
SERVICES AS PROVIDED FOR IN SECTION THREE HUNDRED  THIRTY-THREE  OF  THE
REAL PROPERTY LAW.
  S  7. Subparagraph 5 of paragraph ii of subdivision 1-e of section 333
of the real property law, as amended by section 1 of part B  of  chapter
57 of the laws of 2004, is amended to read as follows:
  (5) (A) a statement indicating whether OR NOT the parcel is located in
an  agricultural district and, if so, whether OR NOT a disclosure notice
has been provided pursuant to section three  hundred  thirty-three-c  of
this  article  and  section  three  hundred  ten  of the agriculture and
markets law; AND (B) A STATEMENT INDICATING WHETHER OR  NOT  THE  PARCEL
HAS  BEEN SUBJECT TO AN EXERCISE OF AN AUTHORIZATION PROVIDED BY SECTION
TWO HUNDRED EIGHTY-EIGHT-B OF THE TOWN LAW, SECTION 7-753 OF THE VILLAGE
LAW OR SECTION THREE HUNDRED TWO OF THE GENERAL MUNICIPAL  LAW,  AS  THE
CASE  MAY  BE,  AND,  IF SO, WHETHER OR NOT A DISCLOSURE NOTICE HAS BEEN
PROVIDED PURSUANT TO SECTION THREE HUNDRED THIRTY-THREE-D OF THIS  ARTI-
CLE  AND  SECTION  TWO  HUNDRED  EIGHTY-EIGHT-B OF THE TOWN LAW, SECTION
7-753 OF THE VILLAGE LAW OR SECTION THREE HUNDRED  TWO  OF  THE  GENERAL
MUNICIPAL LAW, AS THE CASE MAY BE;
  S 8. The real property law is amended by adding a new section 333-d to
read as follows:
  S 333-D.  LANDS SUBJECT TO AN EXERCISE OF AN AUTHORIZATION PROVIDED BY
SECTION TWO HUNDRED EIGHTY-EIGHT-B OF THE TOWN LAW, SECTION 7-753 OF THE
VILLAGE  LAW  OR SECTION THREE HUNDRED TWO OF THE GENERAL MUNICIPAL LAW;
DISCLOSURE. 1. WHEN ANY PURCHASE AND SALES CONTRACT IS PRESENTED FOR THE
SALE, PURCHASE OR EXCHANGE OF REAL PROPERTY THAT HAS BEEN SUBJECT TO  AN
EXERCISE   OF   AN   AUTHORIZATION   PROVIDED  BY  SECTION  TWO  HUNDRED
EIGHTY-EIGHT-B OF THE TOWN LAW, SECTION 7-753  OF  THE  VILLAGE  LAW  OR
SECTION  THREE HUNDRED TWO OF THE GENERAL MUNICIPAL LAW, AS THE CASE MAY

S. 666                             13

BE, THE PROSPECTIVE GRANTOR SHALL PRESENT TO THE PROSPECTIVE  GRANTEE  A
DISCLOSURE NOTICE WHICH STATES THE FOLLOWING:
  "IT  IS  THE POLICY OF THIS STATE AND THIS COMMUNITY TO PRESERVE OPEN,
SCENIC AND NATURAL SPACES, INCLUDING AGRICULTURAL LAND  AND  FARM.  THIS
DISCLOSURE  NOTICE  IS TO INFORM PROSPECTIVE RESIDENTS THAT THE PROPERTY
THEY ARE ABOUT TO ACQUIRE HAS BEEN SUBJECT TO SUCH A PRESERVATION  MEAS-
URE  THAT  MAY  LIMIT  THE  PROPERTY OWNERS' RIGHTS AND RESULT IN PUBLIC
ACCESS."
  2. SUCH DISCLOSURE NOTICE SHALL BE SIGNED BY THE  PROSPECTIVE  GRANTOR
AND GRANTEE PRIOR TO THE SALE, PURCHASE OR EXCHANGE OF SUCH REAL PROPER-
TY,  OR  THE EXECUTION OF ANY CONTRACT THEREFOR IF A CONTRACT BE ENTERED
INTO THEREFOR.
  3. FAILURE OF THE SELLER TO PROVIDE  SUCH  INFORMATION  TO  THE  BUYER
SHALL NOT PREVENT THE RECORDING OFFICER FROM FILING SUCH DEED.
  S  9. The real property tax law is amended by adding a new section 203
to read as follows:
  S 203. OPEN SPACE  ASSISTANCE.  THE  BOARD  IS  HEREBY  AUTHORIZED  TO
PROVIDE  TOWNS,  VILLAGES  AND  COUNTIES  WITH TECHNICAL, SCIENTIFIC AND
FINANCIAL ASSISTANCE FOR THE ESTABLISHMENT AND MAINTENANCE OF OPEN SPACE
PURSUANT TO TITLE TWO OF ARTICLE SIXTEEN OF THE TOWN LAW, TITLE  TWO  OF
ARTICLE  SEVEN  OF THE VILLAGE LAW AND ARTICLE THIRTEEN-E OF THE GENERAL
MUNICIPAL LAW.
  S 10. This act shall take effect on  the  one  hundred  eightieth  day
after  it  shall  have  become  a law, provided that any rules and regu-
lations necessary to implement the provisions of this act on its  effec-
tive  date are authorized and directed to be completed on or before such
date.

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Senate Bill S666

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Archive: Last Bill Status - In Senate Committee Local Government Committee

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Sponsored By

William Larkin

Archive: Last Bill Status - In Senate Committee Local Government Committee

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co-Sponsors

John A. DeFrancisco

Vincent L. Leibell

Thomas P. Morahan

Stephen M. Saland

2009-S666 (ACTIVE) - Details

2009-S666 (ACTIVE) - Summary

2009-S666 (ACTIVE) - Sponsor Memo

2009-S666 (ACTIVE) - Bill Text download pdf

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