Authorizes the village of Ossining to convey an easement and temporarily alienate parkland for the purposes of completing and operating certain proposed improvements to a sanitary sewer pipeline in Snowden Park

BILL NUMBER:S5655A REVISED MEMO 06/17/13

Title of bill

An act to authorize the village of Ossining to convey an easement and temporarily alienate parkland for the purposes of completing and operating certain proposed improvements to a sanitary sewer pipeline in Snowden Park

Purpose

To authorize the Village of Ossining to convey an easement and temporarily alienate parkland for the purposes of completing and operating certain proposed improvements to a sanitary sewer pipeline.

Summary of provisions

Section 1. The village of Ossining, in the county of Westchester, is authorized to convey by appropriate instruments to the county of Westchester, a permanent easement for the purpose of enabling such county to re-route and operate a sanitary sewer pipeline under village parkland described as parcel A in section 3 of this act. Such village is also authorized to temporarily alienate a portion of village parkland described as parcel B in section three of this act for construction purposes. Upon completion of construction to re-route such sanitary sewer pipeline the village of Ossining shall ensure that the surface of the lands are restored such that the lands shall continue to be used for park purposes, and there shall be no net loss of village parkland.

Section 2. The authorization shall be effective only upon the condition that an amount equal to or greater than the fair market value of the interests being conveyed and temporarily alienated pursuant to section one of this act is dedicated for the acquisition of new village parklands and/or for capital improvements to existing village park and recreational facilities.

Section 3 describes the metes and bounds for Parcel A and B.

Section 4. If the parkland that is the subject of this act has received funding pursuant to the federal land and water conservation fund, the discontinuance of parkland authorized by the provisions of this act shall not occur until the municipality has complied with the federal requirements pertaining to the conversion of parklands, including satisfying the secretary of interior that the discontinuance with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and recreational usefulness to the lands being discontinued.

Section 5 sets the effective date.

Justification

This legislation authorizes the conveyance of an easement and temporarily alienates parkland for the purposes of completing and operating certain proposed improvements to a sanitary sewer pipeline in Snowden Park, a Village of Ossining park. It would provide the Village with the ability to convey a permanent easement under a

portion of Snowden Park to Westchester County for utility purposes, and a temporary easement to facilitate construction of same. This project is necessary to protect the health and safety of the residents of the Village of Ossining, as the current sewer line configuration and grading results in frequent backups and noxious odors.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.