Authorizes towns, villages and counties to offer additional means and incentives for the preservation of farms and open areas

Section 2: Adds a new Title 2 to Article 16 of the Town Law. This Title authorizes municipalities to create Special Open Space Zoning Districts. The provisions are as follows:

- Section 288-a is the definitions section. It defines terms such as agricultural assessments, agricultural assessment value, crops, livestock and livestock products, farm woodland, land used in agricultural production, conversion, gross sales value, farm operation, commercial horse boarding operation and open, scenic and natural spaces and areas as the same terms are defined in section 301 of the Agriculture and Markets Law. In addition, in creating open space districts, municipalities can expand the definitions stated above to grant additional benefits to landowners that comply with the terms of each municipality's open space program. For example, wood lands that produce over $10,000 in gross value in wood products can obtain an agricultural assessment and thereby reduce an owner's real property taxes. To encourage more wood lands to be retained, under this bill, a municipality could reduce or eliminate the $ 10,000 gross sales value standard that is set in state law to encourage more landowners to preserve woodlands. To obtain such a benefit, the municipality may require that the public has access to hiking trails that are located on such properties. As another example, a municipality could reduce the gross value sales standard or the size of parcels of land (7 acres) that qualify for a agricultural real property tax assessment to keep certain pasture lands as pastures.

- Section 288-b grants to towns the authority to acquire by purchase, gift, grant or lease development rights, easements and covenants to preserve certain open spaces that are located in open space zoning districts. Allows towns to craft their own individual municipal open space districts that convey additional benefits to property owners in addition to those benefits granted by state law. Those benefits could include, shifting development right credits to other parts of the town, special land use clustering initiatives, reduced real property tax assessment, reduced ad valorem taxes for libraries.

- Section 288-c establishes the procedure to adopt a special open space zone within a town.

- Section 288-d requires land owners that receive benefits under this program to disclose such benefits and obligations to receive such benefits on any contract to sell such real property. Such disclosure shall also be recorded on the property transfer report.

Section 3 and 4: Makes technical changes to the law.

Section 5: Adds a new title 2 to Article 7 of the Village Law to grant similar authority and powers as stated above to villages that designate special open space districts.

Section 6: Adds a new Article 13-E to the General Municipal Law to grant similar authority and powers as stated above to cities that designate special open space districts.

Section 7: Amends Real Property Law section 333(1-e)(ii) (5) to mandate that a county clerk shall not accept any deed for recording if the transfer report that accompanies the deed of conveyance does not have a statement indicating whether or not the parcel has been the subject of the provisions of a local open space zoning local law. This is a notice provision so that a new property owner is made aware of any restrictions that have been placed on the property by the previous property owner.

Section 8: Adds Real Property Law section 333-d to require a similar disclosure of the benefits and obligations placed on such property by the previous property owner that has property located in an open space district. This disclosure provision must be included in any real property sales contract.

Section 9: Adds Real Property Tax Law section 203 to authorize the Real Property Services Department to offer municipalities technical, scientific, and financial assistance for the establishment and maintenance of open space and open space districts.

Existing law

While municipalities are authorized under current law to create special open space zoning districts, municipalities are not empowered to give additional benefits that are tailored by the local community to property owners located in such designated districts.

Justification

In areas around New York City and other expanding urban and suburban areas, municipalities have articulated a need to preserve open spaces such as farms, woodlands, wetlands and waterfront public access areas. The State of New York has done much to help communities preserve open spaces by providing funds to purchase development rights, instituting expanded real property tax assessment reductions and tax credits for those who operate farms, purchasing additional parklands, and instituting real property transfer tax assessments to be used to purchase or lease farms and other open spaces.

Municipalities also have powers to preserve open space by designating agricultural zones, providing for the shifting of development rights from one portion of a municipality to another, and requesting the State Legislature to grant a municipality the ability to institute real property transfer tax assessments to purchase open spaces.

However, state law does not give municipalities the power to craft their own open space plans that can give expanded benefits to landowners above and beyond those contained in state law. This bill gives a municipality the authority to craft their own individualized open space districts that are tailored to their own open space needs and resources.

Legislative history

S.6861 of 2005/2006, S576 of 2007/2008

Fiscal implications

None.

Local fiscal implications

None.

Effective date

180 Days after it shall have become law.