S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6847 A. 7647
2021-2022 Regular Sessions
S E N A T E - A S S E M B L Y
May 19, 2021
___________
IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Local Governments
AN ACT to amend the town law, in relation to the Peconic Bay region
community preservation fund; and providing for the repeal of certain
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 5, 9 and 10 of section 64-e of the town law,
as amended by chapter 551 of the laws of 2015, are amended to read as
follows:
5. The town board of any town in the Peconic Bay region 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 or water quality improvement projects 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 conserva-
tion and land preservation activities or water quality improvement
activities, OR HISTORIC 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.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11291-01-1
S. 6847 2 A. 7647
threaten essential wildlife habitat; and (d) preserves HISTORIC AND
cultural property consistent with accepted standards for historic pres-
ervation AND PERMITS ADAPTIVE REUSE OF SUCH PROPERTIES THAT IS CONSIST-
ENT WITH THE HISTORIC CHARACTER OF THE PROPERTY, WHILE MAXIMIZING PUBLIC
USE TO THE MAXIMUM EXTENT PRACTICABLE. 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 envi-
ronmental value and fair market value and reasonably equivalent useful-
ness and location to those to be discontinued, sold or disposed of, and
such other requirements as shall be approved by the legislature. Noth-
ing in this section shall preclude a town, by local law, from establish-
ing additional restrictions to the alienation of lands acquired pursuant
to this section. This subdivision shall not apply to the sale of devel-
opment rights by a town acquired pursuant to this section, where said
sale is made by a central bank created by a town, pursuant to a transfer
of development rights program established by a 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. NOTHING IN THIS
SECTION SHALL PRECLUDE A TOWN FROM UTILIZING DEVELOPMENT RIGHTS ACQUIRED
WITH MONIES FROM THE FUND FROM BEING UTILIZED TO PROVIDE COMMUNITY HOUS-
ING, PROVIDED THAT SUCH DEVELOPMENT RIGHTS HAVE NOT BEEN EXPRESSLY
EXTINGUISHED AT THE TIME OF ACQUISITION. 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. WHERE SUCH DEVELOPMENT RIGHTS ARE SOLD, THE PROCEEDS FROM
SUCH SALE SHALL BE DEPOSITED IN THE COMMUNITY PRESERVATION FUND. FOR
PURPOSES OF THIS SUBDIVISION, "COMMUNITY HOUSING" SHALL MEAN A PRIMARY
RESIDENTIAL PROPERTY WHERE THE PURCHASE PRICE LIMIT SHALL NOT EXCEED ONE
HUNDRED FIFTY PERCENT OF THE PURCHASE PRICE LIMITS ESTABLISHED BY THE
STATE OF NEW YORK MORTGAGE AGENCY LOW INTEREST RATE LOAN PROGRAM IN
NON-TARGET CATEGORIES FOR THE COUNTY.
§ 2. Severability clause. If any provision of this act or application
thereof shall for any reason be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder of the act, but shall be confined in its opera-
tion to the provision thereof directly involved in the controversy in
which the judgment shall have been rendered.
§ 3. This act shall take effect immediately.