Bill Text: NY A05939 | 2013-2014 | General Assembly | Amended


Bill Title: Includes preservation of undeveloped beachland and shoreline at risk of coastal flooding due to storms and projected sea level rise as part of preservation of community character for the purposes of the Peconic bay region community preservation funds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-22 - signed chap.423 [A05939 Detail]

Download: New_York-2013-A05939-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 4104--A                                            A. 5939--A
           Cal. No. 1191
                              2013-2014 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                     March 8, 2013
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Local Govern-
         ment  -- committee discharged and said bill committed to the Committee
         on Rules
       IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
         to  the  Committee  on Local Governments -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to amend the town law, in relation to including preservation of
         undeveloped beachland and shoreline at risk of coastal flooding due to
         storms and projected sea level rise as part of preservation of  commu-
         nity  character  for  the purposes of the Peconic bay region community
         preservation funds
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 4 of section 64-e of the town law, as amended
    2  by chapter 373 of the laws of 2008, is amended to read as follows:
    3    4. Preservation of community character shall involve one  or  more  of
    4  the  following:  (a) establishment of parks, nature preserves, or recre-
    5  ation areas; (b) preservation  of  open  space,  including  agricultural
    6  lands;  (c) preservation of lands of exceptional scenic value; (d) pres-
    7  ervation of fresh and saltwater marshes or other wetlands; (e) preserva-
    8  tion of aquifer recharge areas; (f) preservation of  undeveloped  beach-
    9  lands  or  shoreline  INCLUDING  THOSE  AT  SIGNIFICANT  RISK OF COASTAL
   10  FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS;  (g)  estab-
   11  lishment  of  wildlife  refuges  for  the  purpose of maintaining native
   12  animal species diversity, including the protection of habitat  essential
   13  to the recovery of rare, threatened or endangered species; (h) preserva-
   14  tion  of  pine barrens consisting of such biota as pitch pine, and scrub
   15  oak; (i) preservation of unique  or  threatened  ecological  areas;  (j)
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08900-02-3
       S. 4104--A                          2                         A. 5939--A
    1  preservation of rivers and river areas in a natural, free-flowing condi-
    2  tion;  (k)  preservation  of  forested  land; (l) preservation of public
    3  access to lands for public use including stream  rights  and  waterways;
    4  (m)  preservation  of  historic  places and properties listed on the New
    5  York state register of historic places and/or protected under a  munici-
    6  pal  historic  preservation ordinance or law; and (n) undertaking any of
    7  the aforementioned in furtherance of the establishment of a greenbelt.
    8    S 2. This act shall take effect immediately.
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