Authorizes the village of Saranac Lake to grant easements over certain park lands for the purpose of operating a waterworks system

Summary of provisions

Section 1. Authorizes the Village of Saranac Lake to establish permanent easements on village parklands described in section three of this act for the purpose of constructing, operating and maintaining a municipal water line and a municipal water facility; establish a temporary construction easements on such park land provided, however, that the authorization for temporary easements granted in subdivision (b) of this section shall cease upon the completion of the construction of a municipal water line and municipal water tower facility, and the park lands described in section four of this act shall thereafter be restored to their original condition and continue to be used as park lands. Furthermore such lands shall be restored to their original condition and continue to be used as park lands.

Section 2. States that the authorizations granted in section one of this act shall take effect only on the condition that the village of Saranac Lake shall acquire and dedicate as park lands parcels of equal or greater value described in section five of this act.

Section 3. Provides a description of the park lands which the permanent easements may be granted by subdivision (a) of section one of this act.

Section 4. Provides a description of the park lands which the temporary easements may be granted pursuant to subdivision (b) of section one of this act.

Section 5. Provides a description of park lands which are to be acquired and dedicated by the village of Saranac Lake to be used as park lands.

Section 6. Provides that in the event that the replacement lands to be dedicated in section five of this act are not equal or greater fair market value to the lands to be alienated pursuant to section three of this act, the Village of Saranac Lake shall acquire and

dedicate additional lands for park lands and/or make capital improvements to its existing park and recreational facilities, as necessary, to equal the difference of such fair market value.

Section 7. Provides that in the event, that the land described in section three of this act ceases to be used for municipal waterworks purposes, the permanent easement shall cease and the village shall remove the water tower and all water lines placed there and such lands shall be restored and dedicated as park lands.

Section 8. Provides that the discontinuance and conveyance of park lands authorized by this act shall not occur until the village of Saranac Lake has complied with any federal requirements pertaining to the alienation or conversion of park lands.

Section 9. Contains the effective date.

Justification

The Village of Saranac Lake has requested this legislation so that they may construct a municipal water tower and municipal water line within Mount Pisgah Veteran's Memorial Ski Center located in the Village. The water tower will provide water service to the Village and to the Park. When completed the water tower and water line will permanently occupy approximately 2.5 acres of Park land.

The water tower is part of a larger Village water project mandated by the New York State Department of Health (DOH). The DOH identified several major deficiencies in the Village's century-old water system. On May 22, 2009, following an administrative hearing, the Village and the DOH entered into a stipulation agreement which calls for the Village to complete by December 31, 2011 all required water system improvements including a municipal water tower.

The proposed water storage tank complies with the DOH requirements for both useable storage volume and capacity to provide minimum flows and pressures to all users within the system. The Pisgah Ski Center was selected as the site of the water tower for several reasons including; the need to construct a new water storage tank on a site closer to a newly-drilled well on the northeast side of the village; to locate the new water storage tank at an elevation that is the same as that of the existing water storage tank; to construct the new water storage tank at said high elevation without exceeding the Adirondack Park Agency's 40-foot maximum height rule; for the new water storage tank to not be visible to neighboring properties; for the new tank site location to allow for easy maintenance all year-round and in all weather conditions; need for the new water storage tank site to be safe, secure and easily monitored; and the need to acquire the new tank site at a reasonable cost.

After review of various potential sites, the Mt. Pisgah Ski Center land was determined by the Village to be the site that best met the

above criteria. Fair market appraisals have been obtained for the lands to be alienated and for the substitute land selected to replace the permanently alienated land. To the extent the alienated land is of higher value, the Village will contribute the difference to an account established for parks.

Legislative history

New Bill.

Fiscal implications

None to the State.

Local fiscal implications

To be determined by the Village.

Effective date

This act shall take effect immediately.