§ 77-4. Evaluation and dedication of parcels to nature preserve.

Parcels of real property to be considered for nature preserve dedication shall first be evaluated by the Division of Land Management, which shall consult with only the Department of Parks, Recreation and Sports, and Cultural Resources for parcels previously dedicated as open space or parkland. The Division of Land Management shall consult with other Town departments and divisions, including, but not limited to, the Division of Planning, the Division of Economic Development, the Highway Department, the Department of Recycling and Sustainable Materials Management, the Department of Housing, Community Development, and Intergovernmental Affairs and the Department of Parks, Recreation and Sports, and Cultural Resources for parcels which are currently classified for general municipal use. Any parcel considered for nature preserve designation must meet at least one or more of the criteria listed in § 77-3.

A. 

Evaluation. As part of this evaluation procedure, the Division of Land Management shall prepare a brief report on each parcel, which shall include the following information:

(1) 

Introduction and reason for dedication to nature preserve, including the criteria the property meets as set forth in § 77-3.

(2) 

Legal setting and background. This section shall include the legal background of a proposed parcel, including the circumstances surrounding the taking or receipt of the parcel by the Town and the presence of any restrictions, covenants, and conditions.

(3) 

General site information. This section shall include the location and size of the parcel, existing land use and information on site access.

(4) 

Environmental setting and resources. This section shall include information on the geology, soils, topography, vegetation (based on on-site observations), wildlife (based both on on-site observations and review of literature for potential wildlife species), ecological communities, water recharge potential, groundwater, surface water, visual resources and cultural resources of the parcel proposed for designation as a nature preserve.

(5) 

Potential for use as public parkland or other municipal use. This section shall evaluate the merit of using the site for public park purposes and shall evaluate the merits of public use versus preservation. This section shall also evaluate the use of the parcel for some municipal purpose other than a nature preserve or public park. The recommendation of the Commissioner of the Department of Parks, Recreation and Sports and Cultural Resources; Superintendent of Highways or other Commissioners shall accompany this section of the report.

B. 

Recommendation. Based on its evaluation report for a particular parcel, the Division of Land Management shall submit to the Town Board a formal recommendation regarding the parcel accompanied by a copy of the report described in § 77-4A. If in conflict with the recommendation of the Commissioner of Parks, Recreation and Sports and Cultural Resources; the Superintendent of Highways or other Commissioners, the recommendation shall note said conflict.

C. 

Dedication procedure. After considering the recommendation and report submitted by the Division of Land Management, the Town Board may dedicate parcels as Town nature preserves by resolution providing the owner and any mortgagees consent thereto. The resolution may designate all or a portion of a site as nature preserve. Upon dedication as a nature preserve, the Tax Assessor shall make an appropriate notation in the assessment records and the Commissioner of Planning, Environment and Land Management shall cause the Town Real Property Inventory to be so noted.

Amended 9-6-2005 by L.L. No. 23-2005, effective 9-12-2005; 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017