Authorizes the town of Clifton Park to convey an easement

BILL NUMBER:S7238A

Title of bill

An act in relation to authorizing the town of Clifton Park in the county of Saratoga, to convey a permanent easement under and through certain parkland for wires, conduit and facilities necessary to support the construction and operation of a wireless communications facility

Purpose of the bill

This legislation authorizes the Town of Clifton Park to convey an easement for a short stretch of town park land along an existing access road for the underground installation of conduit, wires and fiber optic lines in order to reach a wireless communication facility that would be located on adjacent private property.

Summary of specific provisions

Section one of the bill authorizes the Town of Clifton Park, in Saratoga County, to convey an easement in town park land for the underground installation of conduit, wires and fiber optic lines to transport utilities and telecommunication signals necessary to the operation of a wireless communication facility that would be located on adjacent private property. Upon completion of construction, the surface of the lands shall be restored and the lands shall continue to be used for park purposes.

Section two provides that the Town shall dedicate an amount equal or greater than the fair market value of the easement to the acquisition of new parklands and/or for capital improvements to existing park and recreational facilities within the Town.

Section three of the bill specifies the boundaries of the affected park lands.

Section four states that the conveyance of the easement shall not occur until the Town has complied with any federal requirements pertaining to the alienation or conversion of parklands.

Justification

This legislation was requested by the Town of Clifton Park. It would authorize the Town to convey an easement involving a short stretch of town park land along an existing access road.

A proposal has been made to construct a wireless communication facility on private property adjacent to a town park. However, because of the configuration of the site, direct access can only be obtained by using an existing access road which traverses a small section of the park land (about 425 feet).

This bill would authorize the Town of Clifton Park to convey an easement which allows the placement of conduit, wires and fiber optics under town park land in order to reach these adjacent private lands.

This legislation would benefit the community by enabling the establishment of a facility on adjacent private property that will improve cellular communication service in the region. In addition, revenues received from the easement will be utilized for the acquisition of new parklands and/or for capital improvements to existing park and recreation facilities within the Town.

Prior legislative history

This is a new bill, but it is modeled after previous laws and the recommendations of the Office of Parks, Recreation and Historic Preservation.

Fiscal implications

None to the State

Effective date

This act shall take effect immediately.