[HISTORY: Adopted by the Town Board of the
Town of Huntington 9-15-1998 by L.L. No. 39-1998.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law passed at mandatory
referendum 11-3-1998.
[Amended 5-17-2010 by L.L. No. 7-2010]
The Town Board of the Town of Huntington, pursuant
to New York State General Municipal Law, Article 2 — General
Municipal Finance, hereby establishes funds for the purpose of acquisition
and improvement of land for active and passive park and recreational
facilities and preservation of open space, and for the purpose of
supporting neighborhood enhancements and green energy efficiency projects,
as such are defined and regulated by various sections of New York
State law, pursuant to the approval of the electors of the Town in
a public referendum, held pursuant to Town Law §§ 64(2),
91, 94 and 220, and all other applicable statutes of the laws of the
State of New York.
[Amended 5-17-2010 by L.L. No. 7-2010]
Continuing development within the Town has demonstrated
a compelling need to acquire, improve, preserve, protect and maintain
land for active and passive park and recreational facilities, preservation
of open space, neighborhood enhancement and energy efficiency to enhance
the general quality of life and the environment of the town, and thereby
benefit the residents and taxpayers of the town. In order to achieve
these goals, the Town requires a cogent mechanism creating the capacity
to purchase land, easements or other real property rights and interests
quickly and efficiently and make original improvements and embellishments
to Town lands, as well as to sites that require neighborhood enhancement,
as the need arises and opportunities are identified, and appropriate
fiscal planning is an essential component of fulfilling this goal.
[Amended 5-17-2010 by L.L. No. 7-2010]
The Town Board hereby finds that, in order to
more effectively implement the powers and authorities granted to towns
by New York State General Municipal Law § 247, which recognizes
the value of open space areas and the need to preserve such land and
empowers municipalities with authority to acquire real property to
preserve as open space, and to more effectively implement the powers
and authorities granted to towns by various sections of New York State
Town Law, which recognize the value of active and passive park and
recreational facilities, neighborhood enhancements and green energy
efficiency projects and empower municipalities with authority to provide
for original improvement and embellishment of such facilities, including
acquisition of real property and/or rights and interests in real property
for such purposes, the establishment and management of opens space
park funds pursuant to the laws of the State of New York is necessary.
(A)
Fund accounts. The Town Comptroller shall establish
and maintain separately designated accounts to be known as the "Environmental
Open Space and Park Capital Fund Account" and may establish one or
several such accounts for the purposes set forth herein, as may be
required by proper accounting procedures.
[Amended 1-29-2019 by L.L. No. 3-2019]
(B)
Scope of fund. These accounts shall be used to fund
the acquisition, protection and maintenance of ownership, rights and
interests in real property in the town's remaining natural areas,
wetlands, trails, waterfronts and greenway corridors and to fund the
acquisition, protection and maintenance of ownership, rights and interests
in real property, and improvements and embellishments thereof, in
the Town for active and passive park and recreational facilities.
Accounts shall also be established to fund neighborhood enhancements
and green energy efficiency projects. Said expenditures may be made
directly from dedicated, general and special revenues, and need not
be bonded, in the sole discretion of the Town Board.
[Amended 5-17-2010 by L.L. No. 7-2010]
(C)
Deposits. These accounts shall be the repository for
all revenues specifically designated for expenditure by the Town for
the purposes set forth herein as the Town Board may determine, in
its sole discretion, where permitted by the laws of the State of New
York, including, but not limited to those set forth hereinbelow.
[Amended 1-29-2019 by L.L. No. 3-2019]
(D)
Additional deposits. The Town shall also pursue and
attract, for deposit in and use in accordance with this fund, where
permitted by the laws of the State of New York, additional funds,
gifts and grants from foundations, private donations, any additional
private or public sources and federal, state and county matching funds.
(E)
Prohibitions. Monies from this fund shall not be used
for any purposes which are not specifically set forth in this chapter.
[Amended 1-29-2019 by L.L. No. 3-2019]
A.
Fund accounts.
The Town Comptroller shall establish and maintain separately designated
accounts, pursuant to New York State General Municipal Law §
6-c, to be known as the "Environmental Open Space and Park Reserve
Fund Accounts" and may establish one or several such accounts for
the purposes set forth herein, as may be required by proper accounting
procedures.
B.
Scope of
fund. These accounts shall be used, pursuant to New York State General
Municipal Law § 6-c, to accumulate all revenues designated by
the Town Board for payment of any costs incurred by the Town in pursuing
the purposes set forth herein.
C.
Deposits.
These accounts shall be the repository for revenues collected by the
Town through real property taxes assessed against the whole Town,
commencing January 1st annually, and from such sources as the Town
Board may determine, in its sole discretion, where permitted by the
laws of the State of New York. Revenues shall be transferred from
the abovereferenced capital fund accounts, as the Town Board
may determine to be necessary, in their sole discretion.
D.
Prohibition.
Monies from this fund shall not be used for any purposes other than
payment of any expenses incurred in pursuit of the purposes of this
chapter.
(A)
Town Board.
(1)
No expenditures shall be made from these funds except
upon the specific authorization of the Town Board, pursuant to and
for the purposes described in this chapter, and based on the recommendations
of the Advisory Committee established hereunder. In authorizing such
expenditures, the Town Board must make findings pursuant to the criteria
developed by the Advisory Committee.
(2)
An Advisory Committee shall be comprised of: five
(5) members, one (1) appointed by each member of the Town Board; one
(1) member from six (6) organizations, such as the Huntington Conservation
Board, Huntington Audubon Society, Huntington Chamber of Commerce,
Huntington Greenway Trails Committee, Scouting (Boy Scouts of America
or Girl Scouts of the USA), and Town of Huntington representative
to County Board of Parks Trustees or similar boards, committees, and
non-profit groups; and such other members as the Town Board deems
appropriate. All voting members shall take an oath of office. Staff
representatives of the Town Attorney's office and Town Planning and
Environment Department shall also serve as members of the Committee,
but shall not be voting members.
[Amended 9-24-2002 by L.L. No. 44-2002; 5-17-2010 by L.L. No. 7-2010; 1-29-2019 by L.L. No. 3-2019]
(3)
The Advisory Committee established hereunder shall
develop criteria for the expenditure of funds for the acquisition
of ownership, rights or interests in land and improvements thereto,
for active and passive park and recreational purposes and preservation
of open space, for neighborhood enhancements and green energy efficient
projects and shall submit same to the Town Board for approval. The
Advisory Committee shall make project specific recommendations to
the Town Board based on said criteria. By December 31st of each year,
the Advisory Committee shall make recommendations to the Town Board
for allocations for the following fiscal year based upon percentage
of anticipated funds, for open space acquisition, neighborhood enhancements,
park improvements and green/energy efficient projects.
(B)
Town Comptroller. The Town Comptroller shall have
the power to invest, from time to time, the monies of these funds,
in accordance with General Municipal Law, Article 2 -- General Municipal
Finances, and my other appropriate statutes of the laws of the State
of New York.
(C)
Town parks. All real properties purchased in title
with monies from these funds shall be dedicated as parklands, which
may then only be alienated with the approval of New York State legislation,
and shall be maintained by the appropriate Town department with the
assistance of outside agencies as necessary.[1]
[Amended 9-24-2002 by L.L. No. 44-2002]
[1]
Editor’s Note: Former § 21-7, Sunset provision,
which immediately followed, was repealed 1-29-2019 by L.L. No. 3-2019.
