[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 8-26-1997 by Res. No. 751-1997 (Ch. 661, Art. I, of the 1985
Code)]
[Amended 10-7-1998 by Res. No. 652-1998[1]]
The Land Preservation Partnership Program is hereby established,
which program shall meet the following criteria and shall be funded
on a matching basis with the towns and villages.
[1]
Editor’s Note: This resolution was adopted by the Legislature
after disapproval by the County Executive on 9-30-1998.
Properties shall be eligible for acquisition, provided that
they meet the specified criteria for acquisition and have completed
the specified review procedures for any of the following categories:
A.
Drinking Water Protection Program: Properties shall meet the criteria specified in Suffolk County Charter §§ C12-2 and C12-3 and have been approved for acquisition by the Board of Trustees of the Department of Parks, Recreation and Conservation and the County Legislature, in accordance with Suffolk County Charter § C12-3.
B.
Open Space Preservation Program: The property shall contain wetlands,
woodlands or other environmentally significant natural resources worthy
of preservation. Acquisition of such properties shall be subject to
prioritization by the Board of Trustees of Parks, Recreation and Conservation
under the Open Space Preservation Program and shall have a priority
rank. The property shall have been approved for acquisition by the
County Legislature.
[Amended 4-20-1999 by Res. No. 375-1999]
C.
Farmland Development Rights Program: The property shall meet the definition of agricultural lands specified in Suffolk County Code § 8-2. The property shall have been reviewed and approved by the County Farmland Committee.
[Amended 4-20-1999 by Res. No. 375-1999]
D.
Watershed and/or estuary protection: The property shall be reviewed
and recommended for acquisition by the Department of Health Services,
Office of Ecology.
E.
Other parklands: In addition to containing environmentally significant
natural resources, the property may be suitable for use as County
parkland. Acquisitions shall be approved by the Board of Trustees
of Parks, Recreation and Conservation.
Properties shall only be eligible for consideration by the County
of Suffolk upon receipt by the County Executive of a Town Board or
a Village Board resolution which represents that the property is eligible
for acquisition under one of the above categories; authorizes acquisition
of fee title or a lesser interest therein to be held by the County
of Suffolk and/or the relevant town or village as hereinafter noted;
and appropriates funds for the acquisition in the amount of 50% of
the total cost of acquisition, including but not limited to survey,
appraisal, environmental audit, title insurance, tax adjustment and
taxes prior to exemption and recommends management and use of the
property in accordance with existing or new County land preservation
and management categories, as listed hereinafter. If no other recommendation
is made, the recommended use shall be parks and recreation.
[1]
Editor’s Note: This resolution was adopted by the Legislature
after disapproval by the County Executive on 9-30-1998.
[Amended 10-7-1998 by Res. No. 652-1998[1]]
Upon receipt of the town or village resolution, the Department
of Planning shall review the property for eligibility. The Director
of Planning shall make a recommendation to the County Executive and
County Legislature as to the desirability of acquisition and the proposed
management and use of the property. The Planning Department shall
initiate SEQRA review of the acquisition and proposed use.
[1]
Editor’s Note: This resolution was adopted by the Legislature
after disapproval by the County Executive on 9-30-1998.
The categories of use shall be as follows:
A.
General park and active or passive recreational use.
B.
Drinking Water Protection Program (Suffolk County Charter Article
XII)/water supply production and distribution.
C.
The Open Space Preservation Program (natural resource preservation).
[Amended 4-20-1999 by Res. No. 375-1999]
D.
The Nature Preserve Program.
E.
The Farmland Development Rights Program.
F.
Management to avoid an adverse impact on drinking water quality,
a watershed or an estuary.
G.
Management to promote a particular use, such as agriculture, or to
restrict use, as specified in a conservation easement.
[Amended 4-20-1999 by Res. No. 375-1999]
Upon approval by the Suffolk County Legislature, the County
Division of Real Estate may negotiate and acquire, on behalf of the
County of Suffolk, fee title or a lesser interest in the properties
eligible for this program.
[Amended 10-7-1998 by Res. No. 652-1998[1]]
The relevant town or village may authorize retention of a County-approved
appraiser to certify an appraisal to the town or village and the County
of Suffolk. Prior to acceptance, the appraisal would be subject to
an in-house appraisal review process conducted by the County’s
Division of Real Estate. Such appraisal shall be subject to a confidentiality
agreement between the relevant town or village and the County of Suffolk.
[1]
Editor’s Note: This resolution was adopted by the Legislature
after disapproval by the County Executive on 9-30-1998.
A.
Fifty percent of the funding for the acquisition costs shall be provided
by the County of Suffolk. The remaining 50% of the funding shall be
provided at the closing by the relevant town or village.
(1)
The County of Suffolk; or
(2)
The County of Suffolk and the relevant town or village as tenants-in-common,
each owning an undivided 50% interest; or
(3)
Physically dividing the property up between the County of Suffolk
and the relevant town or village, with the County of Suffolk owning
all of the interest in its respective portion of the property, and
with the relevant town or village owning all of the interest in its
respective portion of the property.
B.
The County’s acquisition shall be subject to terms and conditions
approved by the Suffolk County Attorney, including an environmental
audit.
[1]
Editor’s Note: This resolution was adopted by the Legislature
after disapproval by the County Executive on 9-30-1998.
[Amended 4-20-1999 by Res. No. 375-1999]
The County resolution authorizing the acquisition may specify dedication to a County land program or other management category specified herein. Where the County’s interest acquired is farmland development rights, such interest shall be managed in accordance with the policies outlined in Suffolk County Code Chapter 8, Development of Agricultural Land. The property shall be managed and operated by the County of Suffolk, through the Department of Parks, Recreation and Conservation, unless otherwise specified in the County resolution.
[Added 4-20-1999 by Res.
No. 375-1999]
If it is not contrary to any statute, the Suffolk County Charter,
any local law, any regulation or other County policy, the County is
hereby authorized to negotiate and to enter into a municipal cooperation
agreement with the relevant town or village for the management of
said County acquisition, and the terms and conditions thereof shall
be approved by the Suffolk County Attorney in consultation with the
respective Commissioner of the County department charged with the
management and operation of said property.
