[HISTORY: Adopted by the Town Board of the Town of Red Hook 2-14-2023 by L.L. No. 3-2023. Amendments noted where applicable.]
A.
The State of New York, by various legislative enactments, including
but not limited to General Municipal Law § 247 and Environmental
Conservation Law § 49-0301 et seq., has emphatically stated
it to be a most important state policy to provide for open space and
to conserve, protect and encourage the improvement of agricultural
lands, both for production of food and the preservation of such lands
as valued natural and ecological resources. The Legislature has determined
that the acquisition of open spaces and areas is a valid public purpose
and that the expenditure of Town funds to acquire legal interests
and rights in such lands is in furtherance of such policy and is a
proper expenditure of public funds for public purposes.
B.
It is the purpose of this chapter to provide for the preservation of open space and areas which shall constitute a public purpose for which public funds may be expended or advanced after due notice and a public hearing, by which the Town of Red Hook may acquire a fee interest, easement, covenant or other contractual right necessary to preserve "open space" as the same is defined in § 58-2 herein. Any eligible parcel, as hereinafter defined, must be i) suitable for further development so that the acquisition of rights by the Town provides a benefit to the Town, or ii) suitable for future public recreational use as determined by the Town. The Town believes that the preservation of parcels of land containing open space and subsequent alienation of rights in such parcels throughout the Town will preserve the aesthetic natural beauty and ecological natural resources and that same constitutes a valid public purpose.
As used in this chapter, the following terms shall have the
meanings indicated:
An easement, covenant, restriction or other interest in real
property created under the provisions of § 247 of the General
Municipal Law and/or the provisions of §§ 49-0301 through
49-0311 of the Environmental Conservation Law, which limits or restricts
development, management or use of such real property for the purpose
of preserving or maintaining the agricultural, scenic, open, historic,
archaeological, architectural or natural condition, character, significance
or amenities of the real property.
The fee or any lesser interest, including development right,
easement, covenant or contractual right, which achieves the open space
purposes of § 247 of the General Municipal Law of the State
of New York, to land within the Town of Red Hook.
Any space or area characterized by natural scenic beauty
or whose existing openness, natural condition or present state of
use, if retained, would enhance the present or potential value of
abutting or surrounding development or would maintain or enhance the
conservation of natural or scenic resources. For the purposes of this
section, natural resources shall include, but not be limited to, agricultural
lands defined as open land actually used in bona fide agricultural
production.
A.
No interests or rights in real property shall be acquired pursuant
to this chapter until a public hearing is held on not less than 10
days' notice. However, nothing herein shall prevent the Town
Board from entering into a conditional purchase agreement before a
public hearing is held.
B.
Any resolution of the Town Board approving an acquisition of land
pursuant to this chapter shall include a finding that it would be
beneficial for the Town's purposes that all or a portion of the
property so acquired be made subject to a conservation easement, that
such acquisition was the best alternative for the protection of such
lands available for the Town, and that such acquisition was in furtherance
of goals for the preservation of open space.
A.
The Town Board may purchase real property including any interest
or right therein that is deemed to be threatened by development, in
order to protect a critical mass of farmland and/or open space. The
Town shall include in its findings at the time of acquisition the
purpose of such acquisition, any portion of the real property interests
to be dedicated for park purposes, the portion of the real property
interest proposed to be reconveyed, and the period of time not to
exceed three years during which the portion of the interest to be
reconveyed may be held.
B.
No real property interests acquired pursuant to this chapter shall
be alienated, except by resolution of the Town Board and, except to
the extent otherwise provided by law for a purpose specified in the
resolution, subject to permissive referendum pursuant to the procedures
found in Article 7 of the Town Law.
C.
At the time of conveying any of such real property, the Town Board
shall determine the portion of such real property to be conveyed subject
to the grant or reservation of a conservation easement in order to
fulfill the open space or open area preservation purposes for which
such property was acquired. Nothing herein shall prevent the Town
Board from entering into a conditional agreement to convey such rights.
