Section 64-G. Town of Warwick preservation funds

1.  As used in this
  section,  the  following  words  and  terms  shall  have  the  following
  meanings:
    (a) "Town" means the town of Warwick.
    (b)  "Community  preservation"  shall  mean  and  include  any  of the
  purposes outlined in subdivision four of this section.
    (c) "Board" means the advisory board required pursuant to  subdivision
  five of this section.
    (d)  "Fund"  means the community preservation fund created pursuant to
  subdivision two of this section.
    2. The town board of the town of Warwick is authorized to establish by
  local law a community preservation fund pursuant to  the  provisions  of
  this  section.  Deposits into the fund may include revenues of the local
  government from whatever source and shall include,  at  a  minimum,  all
  revenues from a tax imposed upon the transfer of real property interests
  in  such  town pursuant to article thirty-one-F of the tax law. The fund
  shall also be authorized to accept gifts of any such interests  in  land
  or of funds. Interest accrued by monies deposited into the fund shall be
  credited  to the fund. In no event shall monies deposited in the fund be
  transferred to any other account.  Nothing  contained  in  this  section
  shall  be  construed  to  prevent  the  financing  in  whole or in part,
  pursuant to  the  local  finance  law,  of  any  acquisition  authorized
  pursuant  to this section. 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 section. The town
  of Warwick may only adopt the local law authorized by  this  subdivision
  if  it  has  incurred  or  authorized bonded indebtedness since nineteen
  hundred eighty for open space purposes equal  to  or  greater  than  two
  hundred  dollars  per  town  resident.  The number of residents shall be
  determined by the 2000 U.S. Census. Said local law shall make a  finding
  that  the  town  has complied with the per resident financial commitment
  requirement of this subdivision.
    3. The purposes of the fund shall be exclusively, (a) to  implement  a
  plan  for  the  preservation  of community character as required by this
  section, (b) to acquire interests or rights in  real  property  for  the
  preservation  of  community character within the town including villages
  therein in accordance with such plan and  in  cooperation  with  willing
  sellers,  (c)  to establish a bank pursuant to a transfer of development
  rights program consistent with section two hundred sixty-one-a  of  this
  chapter,  and  (d)  to  provide a management and stewardship program for
  such interests and rights  consistent  with  subdivision  nine  of  this
  section  and in accordance with such plan designed to preserve community
  character. Not more than ten percent of the fund shall be  utilized  for
  the  management  and  stewardship  program. If the implementation of the
  community preservation project plan,  adopted  by  the  town  board,  as
  provided  in  subdivision  six  of this section, has been completed, and
  funds  are  no  longer  needed  for  the  purposes  outlined   in   this
  subdivision,  then  any remaining monies in the fund shall be applied to
  reduce any bonded indebtedness or obligations incurred to effectuate the
  purposes of this section.
    4. Preservation of community character shall involve one  or  more  of
  the   following:  (a)  establishment  of  parks,  nature  preserves,  or
  recreation areas; (b) preservation of open space, including agricultural
  lands; (c) preservation  of  lands  of  exceptional  scenic  value;  (d)
  preservation  of aquifer recharge areas; (e) preservation of undeveloped
  beachlands or shoreline; (f) establishment of wildlife refuges  for  the
  purpose  of  maintaining  native animal species diversity, including the
  protection of habitat essential to the recovery of rare,  threatened  or

  endangered  species; (g) preservation of unique or threatened ecological
  areas; (h)  preservation  of  rivers  and  river  areas  in  a  natural,
  free-flowing   condition;   (i)   preservation  of  forested  land;  (j)
  preservation  of  public access to lands for public use including stream
  rights and waterways; (k) preservation of historic places and properties
  listed on  the  New  York  state  register  of  historic  places  and/or
  protected  under a municipal historic preservation ordinance or law; and
  (l)  undertaking  any  of  the  aforementioned  in  furtherance  of  the
  establishment of a greenbelt.
    5.  The town board which has established a community preservation fund
  shall create an advisory board to review  and  make  recommendations  on
  proposed  acquisitions  of  interests in real property using monies from
  the fund. Such board shall consist of five or seven legal  residents  of
  the  municipality who shall serve without compensation. No member of the
  local legislative body shall serve on  the  board.  A  majority  of  the
  members   of   the   board   shall  have  demonstrated  experience  with
  conservation or land preservation activities. The board shall act in  an
  advisory  capacity  to  the town board. At least one member of the board
  shall be an active farmer.
    6. The town board which has established a community preservation  fund
  shall,  by  local law, adopt a community preservation project plan. Such
  plan shall list every project which the town plans to undertake pursuant
  to the community preservation fund. It shall include every parcel  which
  is  necessary  to  be acquired in the town in order to protect community
  character. Such plan shall provide for  a  detailed  evaluation  of  all
  available   land   use  alternatives  to  protect  community  character,
  including but not limited to: (a) fee  simple  acquisition,  (b)  zoning
  regulations, including density reductions, cluster development, and site
  plan  and  design  requirements, (c) transfer of development rights, (d)
  the purchase of development rights,  and  (e)  scenic  and  conservation
  easements.  Said  evaluation  shall  be as specific as practicable as to
  each parcel selected  for  inclusion  in  such  plan.  Such  plan  shall
  establish  the  priorities  for  preservation,  and  shall  include  the
  preservation of  farmland  as  its  highest  priority.  Funds  from  the
  community preservation fund may only be expended for projects which have
  been  included  in  such  plan. Such plan shall be updated not less than
  once every five years, but in no event until at least three years  after
  the  adoption  of  the original plan. A copy of such plan shall be filed
  with the commissioner of environmental conservation, the commissioner of
  agriculture and markets and the commissioner of  the  office  of  parks,
  recreation  and  historic  preservation. Such plan shall be completed at
  least sixty days before  the  submission  of  the  mandatory  referendum
  required by section fourteen hundred forty-nine-bbbb of the tax law.
    7.  The town board which has established a community preservation fund
  pursuant to  this  section  shall  study  and  consider  establishing  a
  transfer of development rights program to protect community character as
  provided  for  by  section  two hundred sixty-one-a of this chapter. All
  provisions of such section two hundred  sixty-one-a  shall  be  complied
  with.  If at any time during the life of the community preservation fund
  a transfer of development rights program is established,  the  town  may
  utilize  monies  from the community preservation fund in order to create
  and fund a central bank of the transfer of development  rights  program.
  If  at  any  time  during the life of the community preservation fund, a
  transfer of development rights program is  repealed  by  the  town,  all
  monies  from  the  central  bank  shall  be  returned  to  the community
  preservation fund.
    8. No interests or rights in real property shall be acquired  pursuant
  to  this  section  until a public hearing is held as required by section

  two hundred forty-seven of the general municipal law; provided, however,
  that nothing herein shall prevent the town board from  entering  into  a
  conditional  purchase  agreement  before  a  public hearing is held. Any
  resolution  of  the town board approving an acquisition of land pursuant
  to this section, shall find that acquisition was  the  best  alternative
  for  the  protection  of  community  character  of  all  the  reasonable
  alternatives available to the town.
    9. Lands acquired pursuant to this section shall be  administered  and
  managed  in  a  manner  which  (a)  allows public use and enjoyment in a
  manner compatible with the natural,  scenic,  historic  and  open  space
  character  of  such lands; (b) preserves the native biological diversity
  of such lands; (c) 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 (d) preserves cultural property
  consistent  with  accepted  standards  for  historic  preservation.   In
  furthering  the  purposes  of  this  section,  the  town  may enter into
  agreements  with  corporations  organized   under   the   not-for-profit
  corporation  law  and  engage  in  land trust activities to manage lands
  including less than fee interests acquired pursuant to the provisions of
  this section, provided that 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 resources associated therewith.
    10.  Rights  or  interests  in real property acquired with monies from
  such fund shall not be sold, leased, exchanged,  donated,  or  otherwise
  disposed  of  or  used  for  other  than  the purposes permitted by this
  section without the express authority of  an  act  of  the  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.
  Nothing in this section shall preclude the  town,  by  local  law,  from
  establishing additional restrictions to the alienation of lands acquired
  pursuant  to  this section. This subdivision shall not apply to the sale
  of development rights by the town acquired  pursuant  to  this  section,
  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  section two hundred sixty-one-a of this chapter, provided,
  however (a) that the lands  from  which  said  development  rights  were
  acquired   shall   remain   preserved   in  perpetuity  by  a  permanent
  conservation easement or other instrument that similarly  preserves  the
  community  character referenced in subdivision four of this section, and
  (b) the proceeds from such sale shall  be  deposited  in  the  community
  preservation fund.