[Adopted 8-25-1998 by L.L. No. 22-1998]
As used in this article, the following words and terms shall have the following meanings:
ACQUISITION COSTS
The preliminary and incidental expenses associated with acquiring interests or rights in real property, which shall include the reasonable costs incurred by the Town to evaluate, negotiate and/or consummate a transaction authorized hereunder consistent with the legal requirements and responsible fiscal and planning principles, including the following: appraisal reports, due-diligence work such as title reports, property surveys, including documentation of boundaries of easements, preacquisition environmental audits/assessments/soil samples; wetland flagging and/or baseline documentation of the natural, agricultural and/or historic resources as necessary due to the nature of the particular parcel (and if not undertaken by or properly chargeable to the owner(s) or a third party); legally required property tax reimbursement and payment; legal fees and fiscal agent fees actually incurred by the town in connection with a transaction; salaries and related office expenses of the Town’s CPF program manager and/or land acquisition employees, subject to the requirements of Subdivision 9(c);[1] fees to independent contractors, including nonprofit entities engaged by the Town to provide facilitation services for acquisitions.
[Added 7-8-2008 by L.L. No. 40-2008]
ADVISORY BOARD
The Town of Southampton Community Preservation Fund Advisory Board created under this article.
COMMUNITY PRESERVATION
Includes the following:
A. 
Establishment of parks, nature preserves, or recreational areas.
B. 
Preservation of open space, including agricultural lands.
C. 
Preservation of lands of exceptional scenic value.
D. 
Preservation of freshwater and saltwater marshes or other wetlands.
E. 
Preservation of aquifer recharge areas.
F. 
Preservation of undeveloped beachlands or shorelines.
G. 
Establishment of wildlife refuges for the purpose of maintaining native animal species diversity, including the protection of essential habitat to the recovery of rare, threatened or endangered species.
H. 
Preservation of pine barrens consisting of such biota as pitch pine, and scrub oak.
I. 
Preservation of unique or threatened ecological areas.
J. 
Preservation of rivers or river areas in natural, free-flowing condition.
K. 
Preservation of forested lands.
L. 
Preservation of public access to lands for public use, including stream rights and waterways.
M. 
Preservation of historic places and properties listed on the New York State Register of Historic Places and/or protected under a Town historic preservation local law.
N. 
Undertaking any of the aforementioned in furtherance of the establishment of a greenbelt.
CPF
Abbreviation for "Community Preservation Fund."
[Added 7-8-2008 by L.L. No. 40-2008]
CPF PROGRAM MANAGER
The administrator of the Town of Southampton Department of Community Preservation, who shall also assist the Town Board with oversight and compliance with state and local requirements governing the CPF program and stewardship and management activities.
[Added 7-8-2008 by L.L. No. 40-2008]
FUND
The Town of Southampton Community Preservation Fund established and created by this article.
MAINTENANCE AND OPERATIONS
Customary costs to maintain certain properties, including grass-cutting, hedge-trimming, custodial services, snowplowing, garbage removal, utilities, fuel and property insurance, which are not eligible for funding under the management and stewardship provisions of the Community Preservation Fund, effective July 1, 2008.
[Added 7-8-2008 by L.L. No. 40-2008]
MANAGEMENT AND STEWARDSHIP PROGRAM
The day-to-day actions and specific projects undertaken by the Town pursuant to Town Law § 64-e to manage such rights and interests in real property acquired through the Community Preservation Fund, including but not limited to CPF Program administrative oversight for acquisitions and related legal proceedings and expenses associated with stewardship to ensure preservation of community character.
[Added 7-8-2008 by L.L. No. 40-2008]
MANAGEMENT AND STEWARDSHIP PROJECTS
Projects which promote the protection or enhancement of the natural, scenic, and open space character for which the property was acquired; accessory uses or structures related to the purpose for which the property was acquired; and restoration of property to its natural state, including demolition of existing buildings and structures. Examples of management and stewardship projects include kiosks, signage, nature trails, boardwalks, bicycle paths, peripheral parking areas, fencing, gates, trash receptacles, picnic tables, park benches, bike racks, weatherization of structures, security lighting, demolition for open space (not for replacement buildings), removal of invasive species, equipment purchases dedicated to managing CPF properties, historic restoration and consultant services to complete assessment reports to accomplish any of the above types of projects.
[Added 7-8-2008 by L.L. No. 40-2008]
PILOT
Abbreviation for "payment in lieu of taxes."
[Added 7-8-2008 by L.L. No. 40-2008]
STEWARDSHIP
For purposes of this chapter, the conducting, supervising, or managing of lands and interests in real property acquired through the Community Preservation Fund; especially the careful and responsible management of lands and interests entrusted to be under the care of public officials, such as natural resources and historic structures.
[Added 7-8-2008 by L.L. No. 40-2008]
TDR
Abbreviation for "transfer of development rights."
[Added 7-8-2008 by L.L. No. 40-2008]
TOWN ASSESSOR
The Assessor of the Town of Southampton, and specifically the public official responsible for establishing the assessed values for properties in the Town, including the filing of assessment rolls for eligible districts upon Town Board approval pending application of payments in lieu of taxes authorized under this chapter.
[Added 7-8-2008 by L.L. No. 40-2008]
TOWN BOARD
The Town Board of the Town of Southampton, and specifically the governing body responsible for administration of the Community Preservation Fund Program for the Town.
[Added 7-8-2008 by L.L. No. 40-2008]
TOWN COMPTROLLER
The Comptroller of the Town of Southampton, and specifically the public official responsible to assist the Town Supervisor and Town Board maintain accounting records of the Community Preservation Fund Program, and upon Town Board approval, administration of payments in lieu of taxes to eligible taxing districts authorized under this chapter.
[Added 7-8-2008 by L.L. No. 40-2008]
TOWN SUPERVISOR
The Supervisor of the Town of Southampton, and specifically the chief fiscal officer for the administration of the Community Preservation Fund Program.
[Added 7-8-2008 by L.L. No. 40-2008]
TOWN TAX RECEIVER
The Receiver of Taxes of the Town of Southampton, and specifically the public official responsible for administration of the billing and collection of property taxes from property owners within the Town, including the reduction of tax levies for eligible districts upon Town Board approval pending application of payments in lieu of taxes authorized under this chapter.
[Added 7-8-2008 by L.L. No. 40-2008]
TRANSFER TAX REVENUES
The monies received from a tax imposed upon the transfer of real property interests pursuant to Article 31-D of the Tax Law of the State of New York for community preservation fund purposes.
[Added 7-8-2008 by L.L. No. 40-2008]
[1]
Editor's Note: See § 64-e, Subdivision 9-a(c), of the New York State Town Law.
A. 
The Town of Southampton Community Preservation Fund is hereby established pursuant to § 64-e of the Town Law.
B. 
Deposits into the fund may include revenues of the Town from whatever source and shall include the revenues from the real estate transfer tax imposed by the Town pursuant to Article II of this chapter and Article 31-D of the Tax Law of the State of New York.
C. 
The fund shall also be authorized to accept gifts of any such interests in land or funds. 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 into any other account.
E. 
Nothing contained in this section 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 authorized pursuant to this chapter. Monies from the fund may be utilized to repay any indebtedness or obligations incurred pursuant to the Local Finance Law of the State of New York, consistent with effectuating the purposes of this article.
[Amended 8-13-2002 by L.L. No. 49-2002; 4-22-2003 by L.L. No. 36-2003; 12-11-2007 by L.L. No. 62-2007; 3-25-2008 by L.L. No. 16-2008]
A. 
The purposes of the fund shall be exclusively:
(1) 
To implement a plan for the preservation of community character as required by § 64-e, Subdivision (6), of the Town Law.
(2) 
To acquire interests or rights in real property for the preservation of the community within the Town, including any village, in accordance with said plan.
(3) 
To establish a bank pursuant to a transfer of development rights program consistent with § 261-a of the Town Law at the sole discretion of the Town Board.
(4) 
To provide a management and stewardship program for such rights and interests acquired by the fund, consistent with this article and in accordance with said plan.
(5) 
To make payments to school, fire, fire protection and ambulance districts in connection with lands owned by the State of New York or any municipal corporation (the PILOT Program), consistent with § 64-e of Town Law.
B. 
The acquisition of interests and rights in real property under the fund shall be in cooperation with willing sellers.
C. 
Not more than 10% of the fund shall be utilized for the management and stewardship program provided for in Subsection A(4) of this section.
(1) 
The management and stewardship program provided for in Subsection A(4) of this section shall include but not be limited to educational programs, enforcement programs, training and hiring of park personnel for purposes of education, stewardship, and enforcement.
(2) 
Funds not expended within a calendar year may be carried over to the next year and may be spent for management and stewardship or land acquisitions. Such carried-over funds shall not exceed the previous year's budgeted amount for the management and stewardship program.
D. 
CPF PILOT Program. Beginning with the 2002-2003 tax year, the Town shall make payments to school, fire, fire protection, and ambulance districts from the Southampton Town Community Preservation Fund in connection with lands owned by the State of New York or any municipal corporation within the Central Pine Barrens area, as defined by Article 57 of the State Environmental Conservation Law (the PILOT Program). Such payments may only be made to a district where more than 25% of the assessed value of such district within the Town is wholly exempt from real property taxation pursuant to the State Real Property Tax Law, because it is owned by the State of New York or a municipal corporation for preservation purposes. However, beginning with the 2007-2008 tax year, the Town shall use the revised eligibility criteria set forth by the State of New York for school districts and § 140-3.2A of this chapter, and shall no longer require that the eligible school district be situate within the Central Pine Barrens area or have more than 25% of the assessed value of such district within the Town be wholly exempt from real property taxation pursuant to the State Real Property Tax Law, because it is owned by the State of New York or a municipal corporation. Beginning with the 2023-2024 tax year, the Town may make payments to school, fire, fire protection, and ambulance districts from the Southampton Town Community Preservation Fund. Such payments may be made to mitigate the impact of lost tax revenues from lands made wholly exempt as a result of their acquisition by the federal, state, or local government for the preservation of community character as defined in Subdivision 4 of § 64-e of the Town Law. Before approving such payments, the Town Board shall determine that the lost tax revenue would result in an extraordinary financial hardship to such districts.
[Amended 8-11-2009 by L.L. No. 36-2009; 10-24-2023 by L.L. No. 33-2023]
(1) 
Such payments made by the Town shall only be made for lands within such districts which are wholly exempt from real property taxation pursuant to the Real Property Tax Law that have been acquired by the federal government, state government, or a local government on or before the taxable status date of March 1 for community preservation purposes pursuant to § 64-e of the Town Law, whether or not said lands were actually acquired with community preservation funds. For the purposes of determining the payment to each eligible district, each eligible parcel shall be assessed as provided for in the Real Property Tax Law. Such assessments shall be approved by the Commissioner of Taxation and Finance in the same manner as state lands, as provided for in Subdivision 3 of § 542 of the Real Property Tax Law. Such eligible parcels shall be reassessed annually. The Town shall apply each eligible district's tax rate to determine the maximum payment for each eligible parcel in that district for each year. Not more than 10% of the annual revenues of the community preservation fund may be used for the property tax relief purposes authorized by the State of New York and § 140-3D of this chapter for eligible taxing districts in any calendar year. Commencing with the year 2009, the Town shall use the prior calendar year's revenues to determine the maximum amount available for PILOT allocations to eligible districts pursuant to the state-mandated limitation of up to 10%. The proposed total CPF PILOT Program allocation shall be clearly shown each year as a line item in the Supervisor's tentative budget and the final operating budget adopted by the Town Board. For each eligible district, such payment shall not exceed the annual tax liability that would have been due if such lands of the state or municipal corporation had been subject to real property taxation. At the Town Board's discretion, the difference between the maximum payment amounts for the year and the maximum determined to be available under the 10% limitation may be reserved for future CPF PILOTs, pursuant to Subsection D(4) below.
(a) 
By the terms "such lands," the Town's interpretation is those lands held in public trust for preservation purposes, including but not limited to real property interests acquired through the CPF Program.
(b) 
The Town Comptroller shall determine the annual tax loss of a qualifying district for such lands classified as wholly exempt for purpose of determining the maximum amount of the payment-in-lieu-of-taxes. Properties owned by the state or a municipal corporation for purposes other than preservation (e.g., schools, transfer stations, airports) shall not be eligible for payments-in-lieu-of-taxes funded through CPF and therefore shall be excluded from the determination of maximum PILOT amount per eligible district. The Town Assessor shall assist the Town Comptroller and Tax Receiver in making the determination of maximum amount of payment-in-lieu-of-taxes for lands wholly exempt for preservation purposes for each eligible district. The Town Assessor shall file an assessment roll of wholly exempt preservation lands eligible for CPF PILOTs in the office of the Town Clerk annually prior to the filing of the Supervisor's tentative annual operating budget for the ensuing year.
(c) 
For each eligible district, the calculation of maximum amount of payment-in-ieu-of-taxes for lands wholly exempt for preservation purposes shall be determined on or before September 30 of each year, concurrent with the requirement for the Supervisor to file a tentative budget in the office of the Town Clerk.
(2) 
Allocation formula for CPF PILOT payments. Where the total annual budget appropriation by a town for the payments provided for by this section is less than the aggregate payments for all districts, then the town shall apportion such annual payment for each district based on a percentage calculated as a proportion of each district's payment to the aggregate of payments to all districts. In such case, each district shall receive its proportional share of the budget appropriation. Such payment made by the Town shall be used solely to reduce the property tax liability of the remaining taxpayers of the district within such town. Not more than 10% of the fund collected in any fiscal year may be used for the purpose outlined in this section. The last fiscal year for which 12 full months of collected revenue is available shall be used to determine the maximum appropriation permitted by this section. The maximum percentage of the fund to be appropriated for such payments for any year or years may be reduced below 10% by an election upon proposition pursuant to § 81 of the Town Law.
(a) 
The Town Board finds that apportionment based upon the size of the budget of the eligible district is not equitable per se and may artificially provide certain districts with a greater share of the total annual PILOT Program allocation made by the Town based upon greater spending by the district. It is preferred that the PILOT amount be determined on the proportionate basis of tax loss to the eligible districts. For example, the maximum PILOT amounts per eligible districts should be tallied for a cumulative amount in order to determine what percentage each particular eligible district shall be entitled to receive from the PILOT allocation for that particular year. However, due to specific wording of the state law, apportionment shall be achieved by tallying the tax levies of each district for a cumulative amount in order to determine what percentage each particular eligible district shall be entitled to receive from the PILOT allocation for that particular year.
(b) 
A determination of the PILOT amount per eligible district shall be made by Town Board resolution, following adoption of the Town's operating budget and review and analysis of the calculations made by the Town Tax Receiver, certified by the Town Comptroller, and approved by the Town's CPF Manager.
(3) 
The payment made by the Town under this section shall be used solely to reduce the property tax liability of the remaining taxpayers of the district within the Town of Southampton.
(a) 
Budget submittal requirements for eligible districts. Each eligible school district and fire district shall submit its annual operating budget and tax levy to the Town Comptroller by November 1, on forms provided by the Town, approved as to form by the Tax Receiver. For eligible school districts and fire districts which fail to submit their annual operating budget on a timely basis, the Town Comptroller is authorized to use the tax levy from the prior year for purposes of determining PILOT allocation. For fire protection districts and ambulance districts, the Town Comptroller shall use the final operating budget and tax levy adopted by the Town Board on or before November 20.
(b) 
Subsequent to November 20 and prior to November 30, the Town Comptroller is authorized to prepare a tax warrant which reduces tax levies for eligible districts following adoption of the Town Annual Operating Budget and passage of a Town Board resolution determining the amount of PILOTs to be allocated to such eligible districts.
(c) 
The Town CPF Manager shall review the payments made to the eligible districts by the Town Comptroller annually.
(4) 
PILOT Program funds not expended within a calendar year may be carried over as an appropriated fund balance within the Community Preservation Fund. With respect to the CPF PILOT Reserve Fund:
(a) 
Monies appropriated by Town Board resolution into such fund are restricted to be used for tax stabilization purposes for eligible taxing districts;
(b) 
Appropriations to be placed into the CPF PILOT Reserve are at the Town Board's discretion and may only be considered in the current year; and
(c) 
Use of such CPF PILOT Reserve Funds may only be allocated by further resolution of the Town Board.
E. 
The Town Board shall adopt an annual plan before the payments authorized by this section may be made. No monies from the fund shall be expended for such payments, except as approved in said plan. Said plan shall specify each parcel eligible for a payment and shall provide for the amount of payment for each eligible parcel for the current fiscal year as well as an estimate for the following fiscal year. In addition, such plan shall provide the assessed value of each eligible parcel. Said plan shall be approved and adopted by the Town Board after a public hearing.
[Added 10-24-2023 by L.L. No. 33-2023[1]]
[1]
Editor's Note: This local law also redesignated former Subsection E as Subsection G.
F. 
The Town Board reserves the right to rescind, suspend, amend or modify CPF PILOT Plan payments referenced herein based upon fiscal constraint, budgetary restrictions, economic conditions and/or any other relevant factor(s) as determined by the Town Board.
[Added 10-24-2023 by L.L. No. 33-2023]
G. 
Upon the full implementation of the Community Preservation Project Plan and funds no longer being required for the purposes provided for in this section, any remaining monies in the fund shall be applied to reduce any bonded indebtedness or obligations incurred to effectuate the purpose of this section.
[Amended 4-22-2003 by L.L. No. 36-2003; 12-11-2007 by L.L. No. 62-2007]
A. 
Pursuant to § 64-e of Town Law, the Town Board may make payments to eligible districts within the Central Pine Barrens area solely to reduce the property tax liability of the remaining taxpayers of the district within the Town of Southampton. Fire, ambulance, and fire protection districts shall be eligible for PILOT payments, provided that:
(1) 
Real property within such district has been made wholly exempt from real property taxation pursuant to the Real Property Tax Law to effectuate the purposes of the fund and meeting the criteria set forth in § 140-3D above; and
(2) 
The receipt of a payment in a calendar year does not guarantee that a payment will be made to the eligible district in the next year or guarantee that the same amount will be paid in the next year.
(3) 
An eligible taxing district shall not anticipate receipt of Community Preservation Fund money from the Town for budget purposes. Publications for the district shall clearly indicate the total operating budget, tax levy, and tax rate to support expenses without anticipated PILOTs funded through CPF unless expressly stated as follows: In the event that the Southampton Town Board approves a PILOT from the Community Preservation Fund Program for tax relief to this eligible taxing district in the amount of ________ (fill in), the tax levy will be reduced accordingly and the tax rate will be $____ (fill in) per $1,000 to support the operating expenses.
(4) 
The eligible districts, which may vary in number each year, shall be designated each year as part of the requested budget of the Community Preservation Fund Management Program. The line item for the PILOT Program shall be specifically stated in the Community Preservation Fund budget. The budget narrative shall indicate the qualifying districts for the PILOT Program and the prior year's PILOT amount. The allocation of PILOT payments shall be accomplished by the Town to directly offset the tax levy of the eligible district to reduce the tax liability of the remaining taxpayers of the district within the Town of Southampton. PILOT payment shall be made by June 30 of each year.
(5) 
Funds collected by the Community Preservation Fund for a given calendar year shall first be set aside for debt service and the PILOT Program.
[Added 12-11-2007 by L.L. No. 62-2007]
A. 
Pursuant to § 64-e of Town Law, school districts shall be eligible for PILOT payments, provided that:
(1) 
Real property within such school district has been made wholly exempt from real property taxation pursuant to the Real Property Tax Law to effectuate the purposes of the fund, and meeting the criteria set forth in § 140-3D above; and
(2) 
Such school district is determined to be a high need or average need school district pursuant to the need resource capacity index established by the State Education Department. Annually, the CPF Manager shall ensure an updated copy of the need resource capacity index is placed on file in the office of the Town Clerk and in the office of the Town Comptroller.
(3) 
The receipt of a payment in a calendar year does not guarantee that a payment will be made to the school district in the next year or guarantee that the same amount will be paid in the next year.
(4) 
An eligible school district shall not anticipate receipt of Community Preservation Fund money from the Town for budget purposes. Publications for the school district shall clearly indicate the total operating budget, tax levy, and tax rate to support expenses without anticipated PILOTs funded through CPF unless expressly stated as follows: In the event that the Southampton Town Board approves a PILOT from the Community Preservation Fund Program for tax relief to this eligible school district in the amount of ________ (fill in), the tax levy will be reduced accordingly and the tax rate will be $____ (fill in) per $1,000 to support the operating expenses.
(5) 
The eligible school district(s), which may vary in number each year, shall be designated each year as part of the requested budget of the Community Preservation Fund Management Program. The line item for the PILOT Program shall be specifically stated in the Community Preservation Fund budget. The budget narrative shall indicate the allocation of the PILOT Program by eligible school district and the prior year's PILOT amount. The allocation of PILOT payments shall be accomplished by the Town to directly offset the tax levy of the eligible district to reduce the tax liability of the remaining taxpayers of the district within the Town of Southampton. PILOT payment shall be made by June 30 of each year.
(6) 
Funds collected by the Community Preservation Fund for a given calendar year shall first be set aside for debt service and the PILOT Program.
[Amended 4-8-2003 by L.L. No. 34-2003; 3-25-2008 by L.L. No. 17-2008]
A. 
An Advisory Board is hereby established to review and make recommendations on proposed acquisitions of interests in real property using monies from the fund.
B. 
Such Board shall consist of seven members who shall be residents of the Town and who shall serve without compensation. In addition to the seven members, the Town Board shall appoint four ex-officio members to serve at the pleasure of the Town Board, which may include representatives of environmental conservation organizations or estate planning/conservation planning entities. No member of the Town Board shall serve on the Advisory Board.
[Amended 1-13-2015 by L.L. No. 3-2015; 2-10-2015 by L.L. No. 8-2015]
C. 
A majority of the members appointed shall have demonstrated experience with conservation or land preservation activities. At least one member of the Advisory Board shall be an active farmer.
D. 
The Board shall act in an advisory capacity to the Town Board. All matters concerning potential acquisitions of land or interests in real property shall be held in the strict confidence of Advisory Board members, including ex-officio members.
[Added 7-8-2008 by L.L. No. 40-2008]
A. 
A Department of Community Preservation is hereby established. The administrator shall be hereinafter referred to as the “CPF Program Manager” and shall assist the Town Board with oversight of the CPF Management and Stewardship Program, acquisitions of interests in real property, budgetary compliance and legal proceedings to accomplish plan objectives.
B. 
The CPF Program Manager shall serve as coordinator for the CPF Advisory Board.
C. 
The CPF Program Manager shall ensure compliance with state and local requirements governing the CPF Program, including stewardship and management activities which shall be subject to requirements enumerated in §140-4.2 below. The CPF Program Manager shall be provided with all records pertinent to the fund and shall certify all expenses charged to the fund, including payroll.
D. 
The CPF Program Manager shall provide an accounting of each purchase transaction to the Town Board, detailing all acquisition costs attributed to the fund.
E. 
Working with the Town Comptroller, the CPF Program Manager shall provide a quarterly financial report to the Town Board, detailing revenues, expenditures and cash flow analysis with anticipated expenditures through year-end.
F. 
Working with the Town Comptroller, the CPF Program Manager shall ensure that an annual independent audit of the fund be completed within 120 days of the close of the fiscal year and filed in the office of the Town Clerk.
[Added 7-8-2008 by L.L. No. 40-2008]
A. 
As part of, or in addition, to the Community Preservation Fund Project Plan adopted pursuant to § 140-3A(1) of the Town Code and § 64-e of Town Law, a Management and Stewardship Plan shall be adopted for interests or rights in real property acquired through the fund. Said Management and Stewardship Plan shall provide a description and estimated cost for each project to be expensed to the fund over a three-year period. Said plan shall be adopted by local law, subject to a public hearing, and may be updated from time to time at the discretion of the Town Board. Amendments to said plan shall be subject to public hearing. No monies from the fund shall be expended for management and stewardship projects except as approved in said plan, and all CPF program administrative costs, pursuant to § 140-3A(4), for management and stewardship shall be consistent with said plan and Town Law §64-e.
B. 
All employee salaries, benefits and program administrative costs shall be subject to review and approval by the CPF Program Manager and must be auditable for compliance to the purposes of the fund. No charges shall be permitted which are unrelated to the purposes enumerated in § 140-3A above and instead are associated with the general operations of the Town.
A. 
No interest or right in real property shall be acquired by the fund until a public hearing is held as required by § 247 of the General Municipal Law.
B. 
Nothing herein shall prevent the Town Board from entering into a conditional purchase agreement before a public hearing is held.
C. 
Any resolution of the Town Board approving an acquisition of land pursuant to this chapter shall find that acquisition was the best alternative for the protection of community character of all the reasonable alternatives available to the Town.
A. 
Lands acquired under this chapter shall be administered and managed in a manner which:
(1) 
Allows public use and enjoyment 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, limits improvements 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. 
The Town may enter into agreements with corporations, organized under the Not-For-Profit Corporations Law, engaged in land trust activities to manage lands, including less than fee interests acquired by the fund.
C. 
Any such agreement shall contain a provision that such corporation shall keep the lands 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. 
Rights or interests in real property acquired with monies from the fund shall not be sold, leased, exchanged, donated or otherwise disposed of or used for other than the purposes permitted by this chapter without the express authority of an act of the State Legislature, which shall provide for the substitution of other lands of equal environmental value and fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by the Legislature.
B. 
In addition to an act of the State Legislature, real property acquired with monies from the fund shall not be sold, leased, exchanged, donated or otherwise disposed of or used for other than the purposes permitted by this chapter, without a local law adopted by the Town Board. Said local law shall be adopted by a four-fifths majority and shall be subject to a mandatory referendum.
C. 
This section shall not apply to the sale of development rights by the Town acquired pursuant to this chapter, where said sale is made by a central bank created by the Town, pursuant to a transfer of development rights program established by the Town pursuant to § 261-a of the Town Law. However, said development rights program shall provide that:
(1) 
The lands from which said development rights were acquired shall remain preserved in perpetuity via a permanent conservation easement or other instrument that similarly preserves community character as defined in this article; and
(2) 
The proceeds from such sale shall be deposited in the fund.