[HISTORY: Adopted by the Town Board of the
Town of Marbletown 2-15-2007 by L.L. No. 2-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 20.
Planning Board — See Ch. 64.
Zoning — See Ch. 200.
[1]
Editor's Note: This local law was originally
designated to be added as Chapter 21, but was renumbered to maintain
the organization of the Code. The Town Board authorized this renumbering
4-1-2008 by Res. No. 35-2008.
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, has stated
it to be an important state policy to provide for open space and to
conserve, protect and encourage the preservation of agricultural lands
and other natural and ecological resources. Rapid growth and spread
of development is encroaching upon, or eliminating, many open areas
and spaces of varied size and character. Some of these have significant
scenic or aesthetic values, which areas and spaces if preserved and
maintained in their present open state would constitute important
physical, social, aesthetic, ecological and economic assets. 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
purpose and is a proper expenditure of public funds for public purposes.
B.
The Town of Marbletown supports such public purposes
and finds that such purposes can be achieved by instituting a program
for the acquisition of interests or rights in real property for the
preservation of open spaces and farmland. Such a program would be
consistent with preservation techniques outlined in Marbletown's Open
Space Preservation Plan prepared in 2004 and the Marbletown Comprehensive
Plan adopted in 2005. The Town Board further moved toward local funding
for the acquisition of open spaces and areas, particularly the purchase
of development rights (PDR) by placing a bonding proposition on the
November 2006, general election ballot. A majority of voters in the
Town approved such proposition, authorizing the borrowing of $2,000,000
for the acquisition of open spaces and areas, including, among other
things, development rights.
C.
The purpose of this chapter is to identify procedures
that are necessary and in the best interests of the Town to protect
and conserve working farmland and other natural areas in accordance
with the purpose of this chapter.
A.
Purpose.
(1)
The purpose of this chapter is to provide mechanisms
to protect assets of the Town that provide Marbletown's residents
with:
(a)
Water that is clean, plentiful and sustainable;
(b)
Farm and forestry industries that are strong and sustainable;
(c)
Habitats for diverse plants and animals;
(d)
Recreational opportunities that are harmonious with
the land's natural state;
(e)
Historical, cultural and scenic assets and variety;
and
(f)
Educational and research opportunities about the natural
world and the role that agriculture plays in the local and regional
economy.
(2)
The activities and mechanisms outlined in this chapter
protect these assets generally, through the purchase of interests
in property, and through ongoing management and stewardship of interests
in property acquired by or entrusted or given to the Town.
B.
Voluntary nature. The activities described in this
chapter for the purchase Interests in Property described herein shall
be purely voluntary. Under no circumstances shall any landowner be
coerced into participation in these activities.
C.
Need for vigilance in monitoring. Through this chapter,
the Town of Marbletown will expend its tax revenues, and in some cases
forgo ongoing tax revenues, in order to acquire interests in property.
These acquisitions become assets of the Town and are valuable to Town
residents. It is incumbent on the Town to safeguard these assets by
monitoring their condition and, where necessary, taking action to
preserve the rights that it has acquired, including rights acquired
in perpetuity.
As used in this chapter, the following terms
shall have the meanings indicated:
A report, including photographs, maps and narrative, that
documents the current state of the property at the time that interests
in property are acquired pursuant to this chapter. The baseline report
should document features that are important to the Commission and
Town Board in its decision to acquire the property or interest in
it. The baseline report must be signed, as witnessed by a notary,
by the seller(s) of the property or Interests in the property, the
Chair or Vice Chair of the Commission, and the Town Supervisor or
her or his designee authorized by the Town Board.
The $2,000,000 authorized by the referendum approved by the
voters on November 5, 2006.
Those rights permitted to real property or land with respect
to residential or commercial uses or density of use in accordance
with law.
Such term shall include any legally recognized interest or
right in real property including fee simple ownership, ownership of
development rights or easements, covenants, contractual rights, leases
of property or development rights, options to purchase any such interests,
and other interests or rights. Interests in property may also be term
interests that expire after a set amount of time.
The Commission established in § 3-4 that shall assist the Town Board in implementing this chapter.
All monies deposited in the fund established by § 3-5 that shall be used to carry out the activities of this chapter.
A plan, including maps and narrative, that outlines the plan
to monitor preservation of the condition of the interests in property
described in the baseline report and describes the remedies in the
event of noncompliance with the easement or other requirements of
the purchase of the interests in property. The monitoring plan must
be signed, as witnessed by a notary, by the seller(s) of the property
or interests in the property, the Chair or Vice Chair of the Commission,
and the Town Supervisor or her or his designee authorized by the Town
Board.
A report produced at least annually by the Commission, Town,
or a private entity hired or designated by the Commission or Town,
that documents compliance with the baseline report and the monitoring
plan. Upon completion, the monitoring report should be signed by the
report author, voted to be accepted by Commission and signed by its
Chair, and signed by the property owner, if applicable. In the event
that the property owner refuses to sign, that refusal should be documented.
Copies of the report shall be filed with the Town Clerk and distributed
to the Commission and Town Board and otherwise distributed and publicized
in a manner that promotes public capacity to monitor the quality of
the assets acquired under this chapter.
For the purposes of this chapter, a potential conflict of
interest is a situation in which a member of the Commission or the
Town Board or her/his family could specifically benefit from an action
taken by the Commission. For purposes of this definition, family members
include spouses and domestic partners, parents and parents-in-law,
stepparents, siblings and stepsiblings, children and stepchildren,
grandparents and grandchildren. For purposes of this definition, "specifically
benefit" means any reward that accrues in a greater amount to the
Commission or Town Board member in question than to other citizens
of Marbletown. For example, a potential conflict of interest would
arise if the Commission considered purchasing interest in property
next to a Commission member's mother's home or in a farm where a Commission
member's spouse works.
A.
Establishment and purpose. The Marbletown Preservation
and Investment Commission is hereby established and is hereinafter
referred to as "the Commission." The Commission's purpose is, with
the Town Board, to execute the elements of this chapter.
B.
Membership, officers and meetings.
[Amended 2-7-2008 by L.L. No. 4-2008]
(1)
The Commission is constituted as a continuing agency
of the Town of Marbletown and shall consist of seven to nine members,
as authorized by resolution of the Town Board. Commission members
shall be appointed by the Town Board. Eligible members must be a resident
of the Town of Marbletown and must have demonstrated significant interest
in and commitment to protection and encouragement of open space, local
agriculture, or natural and/or ecological resources. It is the goal
of the Town to have broad representation on the Commission including
at least one individual who works in agriculture or other land-based
business. The Town Board may designate additional nonresident advisory
members.
(2)
Commission members shall serve a term of four years,
with the exception of the initial term of two of the members, which
shall be one year; two of which shall be two years, two of which shall
be three years; and the remaining member(s), which shall be for four
years. In the event of a vacancy, the Town Board shall appoint a new
member who will serve out the remainder of the vacated term.
(3)
The Chair and Vice Chair of the Commission shall be
elected annually by the members of the Commission, subject to approval
by the Town Board. The Chair and Vice Chair may succeed themselves
in such position for successive terms of one year each to a maximum
of four successive years. In the event that the Chair or Vice Chair
resigns from the Commission, the membership shall elect another member,
with the approval of the Town Board, to serve the remainder of the
vacated term. The Chair or other member designated by the Town Board
shall serve as a member of the Planning and Zoning Commission.
(4)
The Commission shall meet at least quarterly. Additional
meetings may be held at any time on the written request of any two
of the Commission members.
(5)
All meetings shall comply with the New York State
Open Meetings Law.
(6)
A quorum for the transaction of business shall consist
of a majority of the Commission's members, but not less than a majority
of the full authorized membership may render a decision.
C.
Powers and duties. The Commission's role is to advise
and assist the Town Board in implementing this chapter and to help
the Town protect agricultural, open, and undeveloped land and other
natural resources. The Commission shall have the authority to:
(1)
Hold informational meetings;
(2)
Communicate with landowners and others about programs
described in this chapter and elsewhere that support the preservation
of open, agricultural and environmentally significant lands;
(3)
Encourage and assist in the preparation of applications
from landowners for programs that acquire interests in property;
(4)
Recommend for the Town Board's approval, procedural
rules, regulations and establishment of fees necessary to carry out
the purposes and intent of this chapter, and to administer its provisions,
including evaluation and ranking of applicants for acquisition of
interests in property;
(5)
Offer review, analysis and other assistance with the
application process;
(6)
Assist the Town Board in the execution of this chapter,
including recommending expenditures of revenues and fees associated
with this chapter and interest on monies in the Fund in accordance
with the purposes of this chapter;
(7)
Establish a baseline report and a monitoring plan
for each interest in property acquired in accordance with this chapter;
ensure at least annual completion of monitoring reports and compliance
with monitoring plans; formally review annual monitoring reports and
other reports on compliance with terms of the baseline reports and
monitoring plans; solicit comments from the owner for inclusion in
the monitoring report; recommend prompt and effective action and implement
such actions as approved by the Town Board to protect the rights of
the Town of Marbletown should it discover inconsistencies between
the baseline reports and monitoring plan, easements owned by the Town
and current conditions;
(8)
Make baseline reports, monitoring plans and monitoring
reports easily available so that the public can monitor the investments
that the Town has made in interests in property;
(9)
In cases where the Town has or intends to acquire
development rights, make recommendations to the Town Board at the
Town Board's request regarding the provisions of any applicable agreement
with the Town as to the location, construction, or moving of structures
on such lands;
(10)
Recommend to the Town Board whether to permit temporary
uses or the sale of interests in property acquired through this chapter,
and in the case of temporary uses, monitor to ensure that the user
returns the property to the condition established in the baseline
report;
(11)
Provide input on any matters relating to the acquisition
of development rights in particular and advise the Town Board generally
regarding comprehensive plans, zoning amendments and other matters
relating to the preservation of working farms and critical natural
areas;
(12)
Seek input from outside experts;
(13)
Seek funds to increase and leverage monies in the
Fund from government and private sources;
(14)
Coordinate and complete, with the assistance of grant
writers as authorized by the Town Board, applications for federal,
state and other programs to preserve open, farm and other lands consistent
with the purpose of this chapter;
(15)
Advocate conservation-based development; educate the
public and landowners on land-protection strategies and opportunities;
work with interested, willing landowners to help them access available
conservation funding opportunities;
(16)
Develop and nurture relationships with key land-use
and conservation organizations, land trusts, planning boards, and
other parties with an interest in the purposes of this chapter;
(17)
Practice high ethical standards including avoiding
potential conflicts of interest, ensuring transparent and open processes,
expending funds prudently, and safeguarding Town assets; and
(18)
Have such powers and exercise such duties as are set
forth in this chapter.
A.
Establishment and purpose. The Town of Marbletown
Preservation and Investment Fund (the "Fund") is hereby established.
Its purpose shall be to purchase interests in property and fund the
activities described in this chapter, including the ongoing management
and stewardship of interests in property acquired through this chapter.
B.
Sources of funds.
(1)
Deposits into the Fund shall include such monies as
shall be designated for such purpose by the Town Board from whatever
source and shall include, at a minimum, Bond Funds of November 2006,
all revenues from or for the amortization of indebtedness authorized
for the acquisition of open spaces or areas pursuant to § 247
of the General Municipal Law. The Town may establish one or more accounts
within the Fund in order to properly account for applicable restrictions
on the use of proceeds of bonds and notes, capital reserve funds,
gifts, bequests and other sources.
(2)
The Fund shall also be authorized to accept gifts
on behalf of the Town.
(3)
Interest accrued by monies deposited in the Fund shall
be credited to the Fund.
(4)
Fees collected in conjunction with administration
of this chapter shall be deposited in the Fund.
(5)
Proceeds from the sale or lease of interests in property
acquired through the Fund shall be deposited in the Fund.
(6)
At its discretion, the Town Board may deposit other
monies in the Fund.
C.
Uses of funds.
(2)
Monies from the Fund may be utilized to repay any
indebtedness or obligations incurred pursuant to the Local Finance
Law, consistent with the purposes and intent of this chapter. Nothing
contained in this chapter shall be construed to prevent the financing,
in whole or in part, pursuant to the Local Finance Law of the State
of New York, of any acquisition or interest authorized by this chapter.
Monies from the Fund may be applied to pay fees and expenses in connection
with the acquisition of interests in property, including, without
limitation, advertising, legal, engineering, surveying, title, and
consulting fees and expenses.
(3)
Fees collected in conjunction with the administration
of this chapter and interest earned on monies in the Fund shall be
used for purposes consistent with this chapter.
D.
Reservation of funds. The Town Board may authorize
the reservation of funds available for such purpose in conjunction
with each purchase of interests in property to be used, along with
interest accrued thereon, for monitoring and other costs associated
with the Town's ownership interest in the acquired property.
E.
Separation of funds. The Fund's financial assets shall
either be kept in a separate bank account or accounted for in such
a way as to be kept distinct and permit the allocation of pro rata
interest earnings to the Fund. In no event shall monies deposited
in the Fund be transferred to any other fund or account.
A.
Commission role is advisory; public hearing required.
B.
Application procedures.
(2)
Applications must, among other things, make clear:
(a)
The application fee(s) required for participation
and whether they are refundable;
(b)
That alterations to the property between the time
of the application and final sale may, at the advice of the Commission
and the discretion of the Town Board, prevent the sale from being
completed; and
(c)
That the Town is required to safeguard its assets
and will take action should its interests in property be impaired.
(3)
In order to solicit applications for the purchase
of interests in property, the Commission will publish notice of the
availability of funding in the Town's official newspaper and shall
otherwise publicize the availability of funding in such a manner as
to ensure maximum awareness and applications for use of the Fund,
including but not limited to posting a notice on the Town Clerk's
notice board. The Commission may also notify landowners directly about
the availability of funding.
(4)
All applications for funding shall be filed with the
Commission, and fees paid, in the manner prescribed by the Commission
and supported by such additional information, maps and other documents
as shall be required by the Commission to insure compliance with this
chapter.
(5)
Before reviewing applications, Commission members
must disclose any potential conflicts of interest, and the Commission
member shall recuse himself or herself from voting and participating
in discussions about such application.
(6)
The Commission shall review and score applications.
The Commission is permitted to engage outside experts and hold public
hearings to gather information that will support its scoring of applications.
(7)
Once its review and scoring is complete, the Commission
will transmit to the Town Board all the papers constituting the application
along with the Commission's recommendations and rankings. The Commission
shall forward a copy of its recommendations to the Planning Board
and the Marbletown Environmental Conservation Commission.
(8)
Within 30 days of receipt of the Commission recommendations,
the Town Board shall publish in the official newspaper of the Town
notice of the time, place and date upon which the application shall
be heard at a public hearing to be held upon not less than 20 nor
more than 30 days following publication. A copy of the notice shall
be provided to the Planning Board and the Marbletown Environmental
Conservation Commission.
(9)
The Planning Board and the Marbletown Environmental
Conservation Commission may submit to the Town Board an advisory opinion
on said application. Each board shall submit any such recommendations
prior to the date of the public hearing.
(10)
The Town Board will review the applications, Commission
recommendations, and any Planning Board and Environmental Conservation
Commission recommendations and other evidence. Following the public
hearing, or any adjournment thereof, the Town Board will determine
whether to authorize a purchase. If the Town Board decides to take
actions not recommended by the Commission, the Town Board shall issue
a written statement explaining why it is at variance with the Commission.
(11)
The Commission shall assist the Town in the completion
of the transaction.
(12)
Prior to the completion of the transaction, the Commission
will prepare or cause to be prepared a baseline report and a monitoring
plan for each interest in property acquired. Should conditions have
changed from those at the time of application, the Commission can
recommend a review of the property and a stop to the purchase.
C.
Other matters relating to applications and purchases.
(1)
Nothing herein shall prevent the Town Board from entering
into a conditional purchase agreement before a public hearing is held.
(2)
Any resolution of the Town Board approving an acquisition
of land pursuant to this chapter shall include a finding that such
acquisition is a suitable alternative for the protection of such lands
available for the Town, that such acquisition is in furtherance of
the Town's goals for the equitable allocation of open space acquisition
bond funds (if applicable), and that acquisition is in furtherance
of other applicable program goals.
A.
Management shall allow public enjoyment and conserve
land. In approving a monitoring plan, the Town Board shall take into
account the type of interest in property being acquired and the purpose
of the acquisition. Interests in property acquired under this chapter
shall be administered and managed in a manner which:
(1)
Allows public use and enjoyment of lands acquired
in fee in a manner compatible with the natural, scenic, historic,
and open space character of such lands;
(2)
Preserves the native biological diversity of such
lands;
(3)
With regard to open spaces acquired in fee or through
conservation easement, limits improvements of designated open space
areas to enhancing access for passive use of such lands, such as nature
trails, boardwalks, bicycle paths and peripheral parking areas, provided
that such improvements do not degrade the ecological value of the
land or threaten essential wildlife habitat; and
(4)
Preserves cultural property consistent with accepted
standards for historic preservation.
B.
Public access shall not apply to farmland. Notwithstanding
any other provision of this section, there shall be no right to public
use and enjoyment of land used in conjunction with a farm operation
as defined by Subdivision 11 of § 301 of the New York State
Agriculture and Markets Law.
C.
Not-for-profit corporations can manage land. The Town
may enter into agreements with corporations, organized under the Not-for-Profit
Corporations Law and engaged in land trust activities to manage lands,
including less than fee interests acquired pursuant to this chapter.
Any such agreement shall contain a provision that such corporation
shall keep the lands designated as public open space in the acquisition
documents accessible to the public unless such corporation shall demonstrate
to the satisfaction of the Town that public accessibility would be
detrimental to the lands or any natural features associated therewith.
A.
Sale of land.
(1)
Except as provided for in the remainder of this section,
interests in property acquired through this chapter shall not be sold,
leased for more than three years, exchanged, donated or otherwise
disposed of or used for other than the purposes permitted by this
chapter without the majority vote of the Town in a referendum.
(2)
Any easements created pursuant to this chapter that
also fall under the jurisdiction of state law (including the Agriculture
and Markets Law and Title 3, Article 49 of the Environmental Conservation
Law) may only be extinguished or modified to the extent permitted
by applicable state law.
(3)
This Subsection A shall not apply to the sale of development rights by the Town where said sale is made by a central bank created by the Town, pursuant to a transfer of development rights program should such a program be adopted by the Town. It shall also not apply to temporary purchases of land and leases of property described in Subsections B and C below. It shall also not apply to the transfer of interests in property to another public body or a not-for-profit conservation organization within the meaning of § 49-0303 of the New York State Environmental Conservation Law.
B.
Temporary purchase of lands. The Town Board may authorize a temporary purchase of real estate that is deemed to be threatened by development in order to protect a critical area of open space, agriculture or other element defined in § 3-2A of this chapter. The Fund may be temporarily used for such purposes. Such land is intended be sold within three years of acquisition and shall bear an easement that ensures the preservation of those elements, such as open space or agricultural use, for which it was temporarily purchased. To the extent that the funds used to purchase such land came from the Fund, the net sales price of such land will be returned to the Fund. A sale of land pursuant to the provisions of this paragraph shall not be subject to the requirement of Subsection A above.
C.
Lease of property or interest(s) in property. A majority
of the Town Board may decide to lease interests in property acquired
in conjunction with this chapter for a temporary (here defined as
a period of less than three years) purpose, provided that such actions
neither violate the terms of any easements on the property nor violate
agreements with other entities that contributed to the Town's purchase
of such interests in property. For example, there might be interest
in using land designated as open to erect a temporary structure for
a public event; there might also be crop or hunting rights on land
for which the Town owns rights. Upon recommendation by the Commission
that the temporary use does not contravene the purpose of the acquisition,
a majority of the Town Board may vote to permit such a use. Lease
revenues from such a use shall be deposited in the Fund. The Commission
shall be empowered to take all necessary steps, including negotiating
a lease contract and requiring sufficient insurance and a performance
bond, to ensure that after the lease period the land is returned to
its original condition.
The Town Board may accept by gift interests
in property on terms and conditions acceptable to the Town Board.
If so designated, such lands and/or rights, including, among other
things, development rights, shall be deemed to have been acquired
under the clean water, open space and agricultural land acquisition
program and shall be subject to the same diligence established by
this chapter and related amendments and regulations including requirements
to establish a baseline report and a monitoring plan.
A.
Access to Town Attorney. The Committee, through the
Supervisor, shall have access to attorneys for the Town designated
by the Town Board in matters requiring legal opinion.
B.
Conflicts. Notwithstanding the provisions of any special
law, charter law, local law or resolution which may be inconsistent
herewith, in whole or in part, this chapter shall in all respects
control in the matter of acquisition of land and/or development rights.
C.
Severability. If any part or provision of this chapter
or the application thereof to any person or circumstance be adjudicated
invalid by a court of competent jurisdiction, such judgment shall
be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances, and the Town Board of the Town of Marbletown
hereby declares that it would have passed this chapter or the remainder
thereof had such invalid application or invalid provision been apparent.
D.
Monitoring by other entities. Because the preparation
and review of Monitoring Reports is critical to the preservation of
Town assets, the Commission or, in the event the Commission becomes
dormant or ceases to exist, the Town Board, shall provide for the
annual preparation and review of these reports by an agency or official
of the Town, another government agency, or to a nonprofit conservation
organization within the meaning of § 49-0303 of the New
York State Environmental Conservation Law with a bona fide interest
in preservation of the interests in property acquired through this
chapter.
E.
Effective date. This chapter shall take effect immediately
upon the filing in the office of the New York State Secretary of State
in accordance with § 27 of the Municipal Home Rule Law.
