Alienates certain parklands in the village of Kings Point in the town of North Hempstead in the county of Nassau

Section two validates, legalizes, ratifies and confirms the alienation of certain parklands as described in section four.

Section three requires that the authorization shall be effective only upon the condition that the village of Kings Point dedicates the lands described in section five as parkland.

Section four describes the parkland authorized by section one to be alienated.

Section five requires that prior to the discontinuance and alienation of the parkland described in section four, the village of Kings Point shall dedicate the land described in this section as parkland.

Section six requires that in the event that the parklands to be dedicated by the village of Kings Point pursuant to this act are not equal to or greater than the fair market value of the parkland to be discontinued, the village of Kings Point shall dedicate the difference of the fair market value of the lands to be alienated and the lands to be dedicated for the acquisition of additional parklands and/or capital improvements to existing park and recreational facilities.

Section seven requires that if the parkland that is subject to 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 the interior that the discontinuance will include 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 eight sets the effective date.

Justification

The Village of Kings Point has had public works buildings on a portion of Kings Point Park for the last 70 years. Historically, the Village has used approximately 3 acres of the parkland for operations, storage, and other related purposes.

In 2009, the Village sought to expand its use of the park to 5.45 acres for a new public works facility; that would have required numerous trees to be razed and brought the boundaries of the facility far closer to surrounding homes. Local residents, concerned about the quality of life impacts, successfully sued to stop the plan; a 2014 State Court of Appeals decision ruled that state legislation was needed in order for the Village to continue utilizing the site. Since that time, the Village offered several proposals for the new facility. While each decreased in size from the previous version, all of them would have increased tile current usage area and extended deeper into the park.

This legislation would restrict the Village to using a 1.1 acre parcel, which is smaller than their current use on the site. This would eliminate the need for widespread tree razing and preserve the quality of life for the surrounding homes. Additionally, a fence would be installed around the perimeter to clearly delineate the area and prevent "creeping" into the undeveloped park areas.

Prior legislative history

This is new legislation.

Fiscal implications

None.

Effective date

This act shall take effect immediately.