[HISTORY: Adopted by the Rockland County Legislature 4-7-1998 by L.L. No. 5-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Beautification commission — See Ch. 18.
Environmental management council — See Ch. 61.
Environmental resources — See Ch. 62.
[Amended 12-21-1999 by L.L. No. 2-2000]
A. 
It is the purpose and intent of this Legislature to preserve and maintain the maximum possible available access to the Hudson River and green space/open space throughout the County for the enjoyment and appreciation of all County residents and especially for future generations of Rocklanders.
B. 
The scenic beauty of Rockland County is one of its outstanding characteristics much valued by its residents and this legislative body. The Hudson River is a tremendous unequaled natural resource, of incalculable value and importance to the quality of life of all of our residents.
C. 
Preservation of the rural character of the County and the need for open-space preservation for the benefit of the ecology and of environment is a vital concern and need for the residents of Rockland.
As used in this chapter the following terms shall have the meanings as herein indicated:
COORDINATOR
The coordinator of environmental resources of Rockland County shall coordinate and organize the efforts and resources of the various constituent departments, agencies and entities referred to in this act.
LEAD AGENCY
The Rockland County Division of Environmental Resources[1] shall be the lead agency under this statute.
OPEN SPACE/GREEN SPACE
Those parcels of virgin land (i.e., forest wetlands, rivers, floodplain, etc.) and large parcels of undeveloped land (i.e., farms, golf courses, reservoirs, etc.) that support wildlife and the ecology of Rockland and that preserve the rural character of the County.
[Added 12-21-1999 by L.L. No. 2-2000]
RIVERFRONT PROPERTY
Riverfront properties will include properties adjacent and/or under the Hudson River.
[1]
Editor's Note: See Ch. 62, Environmental Resources Division.
[Amended 12-21-1999 by L.L. No. 2-2000]
A. 
To accomplish the above purposes, this Legislature does promulgate and adopt this chapter, which shall be entitled "County wide Preservation/Reclamation Act of Rockland County," and adopts the following provisions to advance and protect Hudson River access, riverfront, open space, green space and ridge-top properties for Rockland County and for all of its people.
B. 
There shall be, and hereby is, created a Rockland County County Wide Preservation/Reclamation Commission. The Commission shall be constituted and comprised of the following:
(1) 
Eight members, to be appointed by the County Executive, who shall serve at the pleasure of the County Executive. The County Executive may appoint himself as one of his designees. Three of such appointees shall be residents of riverfront communities.
(2) 
Eight members, to be recommended by the Chairperson of the County Legislature and appointed by the County Executive. These shall consist of the Chairperson of the Legislature, the Majority Leader of the Legislature and the Minority Leader of the Legislature, or their designees. These members shall serve at the pleasure of such parties who designate them. There shall be two additional members, at large, who shall be recommended for appointment by the Chairperson of the County Legislature and serve at the pleasure of the Chairperson of the County Legislature. Three of such appointees shall be residents of riverfront communities.
C. 
The purpose of the Commission shall be to evaluate and make recommendations concerning potentially available riverfront, green space/open space and ridge-top properties within Rockland County with special consideration given to the County's tax delinquent parcels inventory.
D. 
The County Executive shall appoint the Chair of the Commission for each calendar year.
[Amended 12-21-1999 by L.L. No. 2-2000]
A. 
In furtherance of the goal and purpose of this chapter, the following departments of County government, the Division of Environmental Resources, the Department of Finance, the Highway Department and the Real Property Tax Officer, the Department of Planning, using its GIS, and such other departments and officers as may be able to offer complementary assistance to the accomplishment of the purposes of this chapter, shall collaborate and combine their efforts and mutually cooperate and shall, within 90 days after the effective date of this chapter, prepare an inventory of riverfront, green space/open space and ridge-top properties within Rockland County, as herein described.
B. 
In the course of this County's effort, to preserve its open space, the Department of Finance and the Real Property Tax Officer shall identify all parcels in proximity to the Hudson River or that are potential green space/open space and/or that lie on the top and sides of ridges, mountains and escarpments within Rockland County which are tax delinquent and as such potentially available to the County of Rockland on the basis of delinquent taxes.
C. 
In furtherance of, and to further effectuate, the purpose of this chapter, any riverfront or green space/open space and/or ridge-top property or parcels which are at present tax delinquent or hereafter become and/or ready to be auctioned or to be advertised for sale or public bid shall not be advertised or offered for sale, and/or shall be withdrawn from any proposed auction or sale, until an analysis has been made under this action.
D. 
In addition, after all properties or parcels which are owned by Rockland County, or which are tax delinquent, have been identified and inventoried, the lead agency may also inspect and identify other desirable parcels for park purposes in proximity to the Hudson River or preservation of parcels which are green space/open space and/or ridge-top parcels which may be available for acquisition.
E. 
In furtherance of, and to effectuate the purposes of this chapter, the lead agency shall also investigate whether federal, state or private grants or funds are available to accomplish the intent and purpose of this chapter and the conservation and preservation of the Hudson River environment and green space/open space and ridge-top properties in Rockland.
F. 
If a potential for such funding is found to be possible, the staff of the Legislature will be made available to pursue any such applications and any other appropriate officials, departments or agencies of County government, which may be of assistance in that effort, will also lend their assistance and cooperation towards that goal.
[Amended 12-21-1999 by L.L. No. 2-2000]
A. 
After the aforementioned properties have been identified and a listing of same compiled, the Coordinator of Environmental Resources, together with the Superintendent of Highways, shall conduct an assessment of those properties as potential parkland or green space and to determine their accessibility and suitability for passive enjoyment as parkland or ecological preserves.
B. 
In making this assessment, said Commissioner and Superintendent shall consider the means of access to said properties and whether same can be effectively utilized for park and/or riverfront access purposes or their desirability for preservation as green space/open space.
C. 
The analysis to be undertaken shall be made with the anticipation that some of the parcels may be of intrinsic value simply for their beauty and scenic enjoyment, while others may have the potential to be used for park activities or ecological preserves for County residents.
D. 
This evaluation and analysis shall also include a review to determine if specific riverfront, open space and/or ridge-top properties should be enhanced or otherwise complemented.
E. 
Upon the completion of the survey and assessment of properties, the Coordinator of Environmental Resources shall supervise the preparation of and render a comprehensive report to the County wide Preservation/Reclamation Commission, which shall simultaneously and jointly be made available to the County Executive and to the full County Legislature.
F. 
The report to be rendered by the Coordinator of Environmental Resources shall prioritize all properties surveyed on the basis of the desirability and the suitability of same for utilization for riverfront access or parks, open space or green space and ridge-top preserves for the purposes of this chapter.
[Amended 12-21-1999 by L.L. No. 2-2000]
A. 
Within 90 days after the receipt of the report and assessment of the Coordinator of Environmental Resources, the County wide Preservation/Reclamation Commission shall make a recommendation, jointly, to the County Executive and the Rockland County Legislature Planning and Public Works and Budget and Finance Committees as to which parcels it recommends for acquisition.
B. 
If at any time, in order to complement a piece of the County's riverfront or green space or ridge-top preservation properties, the County should desire to acquire additional property owned by a municipality, no such acquisition of another municipality's property shall occur unless the municipality in title to the parcel shall be in agreement with the proposed purchase and use and consents to same. If the municipality desires such purchase, then the County shall negotiate with the municipality to reach an acceptable acquisition cost. If an acceptable purchase price cannot be reached with the municipality, then in that event the property shall not be acquired by the County or further pursued.
C. 
The County Executive and the County Legislature shall determine which, if any, such parcels they recommend for acquisition for park purposes or ecological preserves and whether appropriation from the County's operating budget or inclusion in the capital budget is required.
D. 
At least annually, the assessment of such potentially available tax delinquent lots and/or properties shall be repeated by the herein created lead agency. The County wide Preservation/Reclamation Commission shall likewise make an annual recommendation to the County Executive and to the full Legislature in order to continually pursue the preservation and increase of Hudson River parkland access or ecologically sensitive parcels for all Rockland County residents.
E. 
Any subsequent acquisition taken on such recommendation under this chapter is intended strictly for Hudson River parks preservation or green space/open space and ridge-top preserve purposes only and will thereafter be forever dedicated for use for park or preserve purposes only.
Prior to any transaction, as defined in the SEQR, being taken all required assessment form filings and requirements under the Environmental Conservation Law will be complied with.