To be considered for inclusion in the Park Preserve, a site must meet
at least one of the following criteria:
A.
Nomination. A nomination regarding Town-owned property
for dedication to the Park Preserve must be submitted to the Town Board in
writing and may be made by Town agencies, community organizations and interested
individuals.
B.
Evaluation.
(1)
Every written nomination submitted to the Town Board
shall be referred to the Department for an evaluation.
(2)
The Department shall utilize the criteria contained in § 232-4 in making a written evaluation on whether the nominated property should be considered for inclusion in the Park Preserve. In addition, the Department shall refer the nomination to the Department of Parks, Recreation and Human Services which shall submit written comments to the Department to be included in the evaluation. Said written evaluation shall be forwarded to the Town Board within 45 days of receipt of the nomination from the Town Board.
[Amended 6-8-1999 by L.L.
No. 11-1999]
C.
Referral to Town Board. The Town Board shall review the written evaluation it receives pursuant to Subsection B above. If the Department's evaluation recommends against dedication to the Park Preserve, no public hearing need be held. If the evaluation recommends dedication to the Park Preserve, said nomination is subject to public hearing.
D.
Hearing. The Town Board shall schedule a public hearing
within 45 days of receipt of a positive referral for dedication from the Department.
Said hearing shall be held not less than three nor more than 30 days after
public notice has been given of the time and place of holding such public
hearing. Such notice shall be given by the Town Clerk, causing the same to
be published once in the official newspaper of the Town.
E.
Dedication. Following the public hearing, the Town Board,
by resolution, may dedicate all, part or none of the Town-owned property discussed
at the public hearing to the Park Preserve.
A.
The properties dedicated to the Park Preserve are hereby
declared to be held in trust for the benefit of the people of the Town of
present and future generations and declared to be put to their best and most
important use for the public benefit.
B.
Property owned by the Town and dedicated under this chapter
to the Park Preserve may be used for active or passive recreational uses and
may include buildings, structures and uses customarily accessory or incidental
to the support or maintenance of such uses or lands.
C.
Property owned by the Town and dedicated under this chapter
to the Park Preserve shall not be conveyed, leased, exchanged, devoted to
another public use or otherwise disposed of without each of the following
procedures having first taken place:
(1)
The Town Board shall hold a public hearing to allow public
comment on the proposed conveyance, lease, exchange, public use or other disposal
of certain property dedicated to the Park Preserve. Said hearing shall be
held not less, than 14 nor more than 30 days after public notice has been
given of the time and place of holding such public hearing. Such notice shall
be given by the Town, causing the same to be published at least once in the
official newspaper of the Town.
(2)
After the public hearing, further Town Board action shall be subject to the provisions of § 247-14 of this Code.
(3)
All other local, state and federal laws regarding divestiture
of property shall be complied with.
