[HISTORY: Adopted by the Town Board of the Town of Wallkill 1-11-2007
by L.L. No. 1-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Commission — See Ch. 12.
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 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.
The Town of Wallkill is in complete accord with such
policy as evidenced by the Town's stated intent to pursue the purchase
of development rights. The Town believes that the preservation of and continued
alienation of certain tracts of land 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:
Lands used in bona fide agricultural production located in an agricultural
district and receiving agricultural assessment.
The use and production for commercial purposes of all those items
and products as defined in NYS Agriculture and Markets Law § 301,
including, but not limited to, plants and animals useful to man, including
fruits, viniculture, nuts, vegetables, greenhouse plants, tree nurseries,
Christmas trees, forages, sod crops, grains, feed crops, dairy, processing
of farm-produced dairy products, all domestic livestock for breeding and grazing
and the equine industry, aquaculture, hydroponics, and other similar uses
and activities.
The sale or transfer of any development right in real property acquired
under this chapter by or from the Town of Wallkill to another person or entity
and shall include, without limitation, changes or amendments in the terms
or provisions of conservation easements held by the Town.
A negative easement in gross that restricts the use of real property
to conservation purposes described in a deed of easement or other legal document.
A legal document which conveys and/or restricts the use of legal
interests in land.
Those rights permitted to real property or land with respect to residential
or commercial uses or density of use in accordance with law.
In real property, shall include any legally recognized interest and
right in real property less than fee simple.
Specific modification to standard agreements, easements, or other
standard documents which furthers program interests.
Parcels of land that are not receiving agricultural assessment. Such
open space may be part of a significant viewshed, harbor endangered species
or abundant animal habitats, protect a vital aquifer, be adjacent to an already
existing conservation easement parcel, proximate to a public facility, contain
a year-round stream or body of water, have an historic structure (or structures)
or proven native American landmarks and artifacts, or border a scenic road.
Any present or future bonded funds approved by the electorate of
the Town of Wallkill for the circumstances described in this chapter.
Includes all monies deposited in the fund established by § 163-5.
The Wallkill Open Space Preservation Board.
The ability of soils to absorb and transmit water from the surface
toward the subsoil without an artificial or natural barrier. This term relates
to the qualitative evaluation of soils for agricultural purposes.
Anything constructed, erected or moved from other premises, and located
in, on or under the ground, or attached to anything in, on or under the ground,
including fences.
A.
The Town of Wallkill Open Space Preservation Advisory
Board, hereinafter referred to as the "OSP Board," is hereby constituted as
a continuing agency of the Town of Wallkill.
B.
It shall consist of seven members, each of whom shall
be appointed by the Town Board. Each member shall serve for a term of five
years, and terms shall be staggered so that there will be continuity in the
membership.
C.
A Chair shall be annually elected by the members of the
Board and may succeed him/her for additional terms not exceeding five years.
The OSP Board shall have the authority to:
A.
Solicit applications from eligible landowners for PDR
of both agricultural and nonfarm properties.
B.
Encourage owners of lands contiguous with already preserved
lands and/or presently agriculturally assessed lands, to submit application
for PDR in order to establish/maintain a critical agricultural or open space
mass.
C.
Hold yearly informational meetings.
D.
Offer help with the PDR application process.
E.
Visit landowners who are potential applicants for PDR.
F.
Monitor, or make provision therefor, each deed-restricted
parcel yearly to insure that regulations of PDR are properly observed; file
a written report on each parcel and notify owner, in writing, of any noted
infraction.
G.
Review any matters relating to development rights in
particular and to agricultural matters in general as they relate to the Town.
H.
Serve as a review board, in the case of agricultural
PDR, for the granting of preliminary approval for the location, construction,
or moving of agricultural structures on, to or within all lands on which development
rights have been sold in conformance with the easement contract and prior
to ordinary agency (whether Town or other) review and approval or permitting.
I.
Promulgate, subject to Town Board approval, such procedural
rules and regulations as may be necessary to carry out the intent of this
chapter, and to administer its provisions, including evaluation and ranking
of applicants for purchase of development rights.
A.
The Town of Wallkill Open Space Preservation and Acquisition
Fund (the fund) is hereby established.
B.
Deposits into the fund may include revenues of the Town
from whatever source and shall include, at a minimum, Open Space Acquisition
Bond Funds, 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, and any revenues from a real estate transfer tax
which may be established.
C.
The fund shall also be authorized to accept gifts. Interest
accrued by monies deposited in the fund shall be credited to the fund.
D.
In no event shall monies deposited in the fund be transferred
to any other fund or account.
E.
Nothing contained in this chapter shall be construed
to prevent the financing, in whole or in part, pursuant to the NYS Local Finance
Law, of any acquisition authorized by this chapter. Monies from the fund may
be utilized to repay any indebtedness or obligations incurred pursuant to
the Local Finance Law, consistent with effectuating the purposes of this chapter.
A.
No interests or rights in real property shall be acquired
pursuant to this chapter until a public hearing is held. However, nothing
herein shall prevent the Town Board from entering into a conditional purchase
agreement before a public hearing is held.
B.
No land or rights in land shall be acquired in a village
within the Town unless such village has consented to such acquisition.
C.
Any resolution of the Town Board approving an acquisition
of land pursuant to this chapter shall include a finding that such acquisition
was the best alternative for the protection of such lands available for the
Town, that such acquisition was in furtherance of goals for the equitable
allocation of open space acquisition bond funds (if applicable), and that
acquisition was in furtherance of other applicable program goals.
A. No lands acquired pursuant to this chapter shall be alienated, except
by vote of a super-majority (a majority plus one) of the Town Board, subject
to permissive referendum, pursuant to the procedures found in Article 7 of
the Town Law. In the event that the affirmative vote of the Town Board to
alienate such lands is less than unanimous, it shall be deemed that the Town
Board has referred such alienation to referendum by its own motion, and a
referendum shall be held pursuant to the procedures set forth in the Town
Law.
A.
The Town Board may purchase real estate that is deemed to be threatened by development, in order to protect a critical mass of farmland and/or open space. No open space acquisition bond funds may be used for such purposes. Such land shall then be sold (alienated) within one year of acquisition and shall bear the conservation easement which all other lands carry that have been stripped of their development rights. To the extent that the funds used to purchase such land come from the fund, the net sales price of such land will be returned to the fund. This sale shall not be subject to the requirement of Subsection A above.
A.
Agricultural evaluation. The OSP Board shall enlist at
least three, and up to five, farmers from outside the Town of Wallkill to
do on-site review of farms and facilities, to interview applicants, to study
applications, to determine criteria values from guidelines, average out values,
and arrive at a ranking of applicants and submit results to the OSP Board.
B.
Nonfarm open space evaluation. Three members of the OSP
Board shall constitute an evaluation and ranking committee for nonfarm applicants.
A.
Upon announcement by the NYS Department of Agriculture
and Markets of a new round of grants for PDR, two OSP Board members shall
be selected to study the RFP (request for proposal), check all applications
for completeness, draft the proposal, and submit by the deadline to the Department
of Agriculture and Markets. The OSP Board may, to the extent appropriated
funds are available, hire a grant writer to be retained by the Town in order
to facilitate and enhance the receipt of grants.
B.
After evaluating and ranking the farms that apply for
PDR funding each year, those that rank within the top 15% of all previous
applicants shall be submitted for state funding (and federal funding, when
available). The probability of local farms winning in statewide competitive
awards is much greater if only the Town's top farms are entered. Entering
the top farms is important since this relieves the burden from local funding
and expands the total farmland that can be preserved. There are several inducements
for the applicant to apply for state funding. First, the state will make a
lump sum payment. Second, in the event that the appraisal comes in at less
than the contract amount, the state will reimburse, up to the limit of such
contract amount, 75% of the cost for the certified appraisal and survey, for
the transactional services of the Town's attorneys, for the stewardship
escrow, and for the title search, insurance and recording fees. This reimbursement
is subject to a cap of $25,000. (These reimbursements are subject to the continuation
of such policy by the Department of Agriculture and Markets.) Finally, the
Town of Wallkill will supplement up to 25% of the amount of these items. Personal
attorney's fees are not reimbursed.
C.
As an alternative to the above incentive, the Town of
Wallkill will supply, from available local PDR funds, to the successful applicant
for state funding, 10% of the local match (i.e., 2.5% of the total PDR value)
or $15,000, whichever is the lesser amount.
The Town Board may accept the gift of open spaces, or rights thereto,
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 agricultural and open space preservation
program.
A.
The Town Board shall distribute the authorized open space
acquisition bond funds in a manner consistent with the contribution from each
school district located with the boundaries of the Town. To determine the
amount, the Town shall consult with the Town Assessor concerning the taxable
valuation in each school district.
B.
If the Town purchases city-owned property, the Town and
city will enter into a purchase agreement to specify the types of uses for
which the funds can be used to preserve or enhance open space. Any purchase
agreement should also provide that the Town will not be required to maintain
or develop the property unless agreed upon by the parties.
C.
If the Town purchases village-owned property, the Town
and Village will enter into a purchase agreement to specify the types of uses
for which the funds can be used to preserve or enhance open space. Any purchase
agreement should also provide that the Town will not be required to maintain
or develop the property unless agreed upon by the parties.
The OSP Board shall have access to the Town Attorney in matters requiring
legal opinion.
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
development rights in agricultural as well as nonagricultural lands.