Relates to the Peconic Bay region community preservation fund; includes the preservation of historic property; permits adaptive reuse of such properties that is consistent with the historic character of the property, while maximizing public use to the maximum extent practicable; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7647
SPONSOR: Thiele TITLE OF BILL:
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
PURPOSE:
To strengthen the Peconic Bay Community Preservation Fund provisions
under section 64-e of the town law as it relates to historic preserva-
tion and community housing.
SUMMARY OF PROVISIONS:
Section 1. Amends subdivision 5 of section 64-e of the town law to
include demonstrated experience in historic preservation activities in
addition to conservation and land preservation activities or water qual-
ity improvement activities as one of the qualifications for the advisory
committee.
Subdivision 9 of section 64-e of the town law is amended to provide that
lands acquired pursuant to the Peconic Bay Community Preservation Fund
for historic preservation and cultural purposes must be administered in
a manner that permits the adaptive reuse of such properties that is
consistent with the historic character of the property, while maximizing
public use to the maximum extent practicable.
Section 64-e of the town law subdivision 10 is also amended to al-low
towns to utilize development rights acquired with monies from the Pecon-
ic Bay Community Preservation Fund to provide community housing,
provided that such development rights have not been expressly extin-
guished at the time of acquisition. Such lands shall remain preserved in
perpetuity by a permanent conservation easement or other instrument that
similarly preserves the community character referenced in subdivision 4
of section 64-e of the town law. Where such development rights are sold
for community housing, 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 150% 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.
JUSTIFICATION:
The Peconic Bay Region Community Preservation Fund law (CPF) permits the
creation of dedication land preservation funds by each .of the five East
End Towns (Southampton, East Hampton, Riverhead, Shelter Island and
Southold) for the protection of farmland, open space and community char-
acter.
It was established by voter referendum in 1998, when voters in the five
East End towns of Long Island approved a new real estate transfer tax of
2% on each transaction occurring in these towns. This is a onetime tax
that the buyer of real estate is required to pay when purchasing
improved or vacant property.
STATE OF NEW YORK
________________________________________________________________________
S. 6847 A. 7647
2021-2022 Regular Sessions
SENATE - ASSEMBLY
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:
1 Section 1. Subdivisions 5, 9 and 10 of section 64-e of the town law,
2 as amended by chapter 551 of the laws of 2015, are amended to read as
3 follows:
4 5. The town board of any town in the Peconic Bay region which has
5 established a community preservation fund shall create an advisory board
6 to review and make recommendations on proposed acquisitions of interests
7 in real property or water quality improvement projects using monies from
8 the fund. Such board shall consist of five or seven legal residents of
9 the municipality who shall serve without compensation. No member of the
10 local legislative body shall serve on the board. A majority of the
11 members of the board shall have demonstrated experience with conserva-
12 tion and land preservation activities or water quality improvement
13 activities, or historic preservation activities. The board shall act in
14 an advisory capacity to the town board. At least one member of the board
15 shall be an active farmer.
16 9. Lands acquired pursuant to this section shall be administered and
17 managed in a manner which (a) allows public use and enjoyment in a
18 manner compatible with the natural, scenic, historic and open space
19 character of such lands; (b) preserves the native biological diversity
20 of such lands; (c) with regard to open spaces, limits improvements to
21 enhancing access for passive use of such lands such as nature trails,
22 boardwalks, bicycle paths, and peripheral parking areas provided that
23 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
1 threaten essential wildlife habitat; and (d) preserves historic and
2 cultural property consistent with accepted standards for historic pres-
3 ervation and permits adaptive reuse of such properties that is consist-
4 ent with the historic character of the property, while maximizing public
5 use to the maximum extent practicable. In furthering the purposes of
6 this section, the town may enter into agreements with corporations
7 organized under the not-for-profit corporation law and engage in land
8 trust activities to manage lands including less than fee interests
9 acquired pursuant to the provisions of this section, provided that any
10 such agreement shall contain a provision that such corporation shall
11 keep the lands accessible to the public unless such corporation shall
12 demonstrate to the satisfaction of the town that public accessibility
13 would be detrimental to the lands or any natural resources associated
14 therewith.
15 10. Rights or interests in real property acquired with monies from
16 such fund shall not be sold, leased, exchanged, donated, or otherwise
17 disposed of or used for other than the purposes permitted by this
18 section without the express authority of an act of the legislature,
19 which shall provide for the substitution of other lands of equal envi-
20 ronmental value and fair market value and reasonably equivalent useful-
21 ness and location to those to be discontinued, sold or disposed of, and
22 such other requirements as shall be approved by the legislature. Noth-
23 ing in this section shall preclude a town, by local law, from establish-
24 ing additional restrictions to the alienation of lands acquired pursuant
25 to this section. This subdivision shall not apply to the sale of devel-
26 opment rights by a town acquired pursuant to this section, where said
27 sale is made by a central bank created by a town, pursuant to a transfer
28 of development rights program established by a town pursuant to section
29 two hundred sixty-one-a of this chapter, provided, however (a) that the
30 lands from which said development rights were acquired shall remain
31 preserved in perpetuity by a permanent conservation easement or other
32 instrument that similarly preserves the community character referenced
33 in subdivision four of this section, and (b) the proceeds from such sale
34 shall be deposited in the community preservation fund. Nothing in this
35 section shall preclude a town from utilizing development rights acquired
36 with monies from the fund from being utilized to provide community hous-
37 ing, provided that such development rights have not been expressly
38 extinguished at the time of acquisition. The lands from which said
39 development rights were acquired shall remain preserved in perpetuity by
40 a permanent conservation easement or other instrument that similarly
41 preserves the community character referenced in subdivision four of
42 this section. Where such development rights are sold, the proceeds from
43 such sale shall be deposited in the community preservation fund. For
44 purposes of this subdivision, "community housing" shall mean a primary
45 residential property where the purchase price limit shall not exceed one
46 hundred fifty percent of the purchase price limits established by the
47 state of New York mortgage agency low interest rate loan program in
48 non-target categories for the county.
49 § 2. Severability clause. If any provision of this act or application
50 thereof shall for any reason be adjudged by any court of competent
51 jurisdiction to be invalid, such judgment shall not affect, impair, or
52 invalidate the remainder of the act, but shall be confined in its opera-
53 tion to the provision thereof directly involved in the controversy in
54 which the judgment shall have been rendered.
55 § 3. This act shall take effect immediately.
