[HISTORY: Adopted by the Town Board of the Town of Fishkill 10-20-2021 by L.L. No. 9-2021. Amendments noted where applicable.]
It is the intent of this chapter to regulate Town of Fishkill conveyance of Town-owned property in a manner that ensures that the public is informed of any such proposed sales and that the Town Board considers submission of such sale to a referendum as provided for in Town Law.
This chapter is adopted pursuant to Municipal Home Rule Law § 10 and in accordance with New York State Town Law § 94.
A. 
Any resolution duly adopted by the Town Board of the Town of Fishkill proposing the sale of Town-owned real property, as set forth in New York State Town Law § 64(2), shall include language that such proposed conveyance is subject to permissive referendum as required by New York State Town Law. In addition, a separate resolution shall be considered by the Town Board under New York State Town Law § 94 that would propose, on motion of the Town Board, submission of question of the conveyance of Town-owned property to referendum in a general or special election, as determined under Article 7 of the New York State Town Law.
B. 
In considering the question of such submission to referendum under Town Law § 94, the Town Board shall consider and review the following factors in addition to any other factors deemed relevant by the Town Board to the question of submission of the proposed conveyance to referendum:
(1) 
Whether submission of such question to referendum would result in a delay that would frustrate or negate the occurrence of otherwise desirable conveyance of the property.
(2) 
Whether the property in question is a de minimis lot or de minimis portion of a Town-owned lot that does not, in the view of the Town Board, warrant submission of such proposed conveyance to a referendum.
(3) 
Whether the Town-owned property proposed to be conveyed has significance to the Town of Fishkill as historical property or has significance for some other articulated reasons that would warrant retention of the property by the Town, unless such reasons for significance of the property may be addressed in the form of a restrictive covenant, deed restriction or similar restriction set forth in the conveyance that would preserve such reasons for significance to the satisfaction of the Town Board.
C. 
Such resolution considering submission of the conveyance of Town-owned property to a referendum shall include language substantially in the form: "Pursuant to Town Law §§ 64(2) and 94, the Town Board hereby determines that the proposed sale of the subject Town-owned property shall be submitted for the approval of the electors in the same manner as if a valid petition had been filed in accordance with Article 7 of the New York State Town Law."
D. 
Such resolution shall be presented during the public portion of a properly convened Town Board meeting and voted upon by the Town Board members present at such meeting. The approval of a majority of the total membership of the Town Board (including vacant positions) shall be required to approve such resolution. In the event that a majority does not approve such resolution to submit the proposed conveyance to the electors of the Town, such resolution shall fail and the proposed conveyance shall not be submitted to referendum by motion of the Town Board under New York State Town Law § 94.
E. 
This chapter shall not apply to the leasing of Town-owned property.
F. 
Nothing herein shall be construed as imposing any restriction or limitation on the provisions of New York State Town Law § 91 allowing electors of the Town to file a petition with the Town to require the question of the proposed conveyance of Town-owned property to be submitted to the qualified electors of the Town for approval in a general or special election.
If any clause, sentence, paragraph, word, section or other part of this chapter, or the application thereof to any person, entity, or circumstance, shall be determined by any court or tribunal of competent jurisdiction to be unconstitutional, illegal, invalid or unenforceable, such determination shall not affect, impair or invalidate the remaining provisions of this chapter or the application thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or other part thereof directly involved in the controversy in which such determination shall have been rendered and the remaining provisions of this chapter shall not be impaired thereby and such determination. The Town Board of the Town of Fishkill hereby declares that it would have passed this chapter or the remaining provisions thereof had such invalid provision or the application thereof been apparent at the time of enactment.
This chapter shall take effect immediately upon filing of a certified copy thereof with the Office of the New York Secretary of State in accordance with Section 27 of the New York State Municipal Home Rule Law.