S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 4104                                                  A. 5939
                              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
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Local Governments
       AN ACT to amend the town law, in relation to including  preservation  of
         coastal  areas at risk of coastal flooding due to storms and projected
         sea level as part of  preservation  of  community  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;  (g)  establishment  of  wildlife  refuges  for  the
   10  purpose  of  maintaining  native animal species diversity, including the
   11  protection of habitat essential to the recovery of rare,  threatened  or
   12  endangered  species; (h) preservation of pine barrens consisting of such
   13  biota as pitch pine, and  scrub  oak;  (i)  preservation  of  unique  or
   14  threatened  ecological areas; (j) preservation of rivers and river areas
   15  in a natural, free-flowing condition; (k) preservation of forested land;
   16  (l) preservation of public access to  lands  for  public  use  including
   17  stream  rights  and  waterways;  (m) preservation of historic places and
   18  properties listed on the New York  state  register  of  historic  places
   19  and/or  protected  under  a municipal historic preservation ordinance or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08900-01-3
       S. 4104                             2                            A. 5939
    1  law; (N) PRESERVATION OF COASTAL AREAS AT A SIGNIFICANT RISK OF  COASTAL
    2  FLOODING  DUE TO STORMS AND AREAS PROJECTED TO BE AT SIGNIFICANT RISK OF
    3  COASTAL FLOODING DUE TO PROJECTED SEA LEVEL RISE AND FUTURE STORMS;  and
    4  [(n)]  (O)  undertaking  any of the aforementioned in furtherance of the
    5  establishment of a greenbelt.
    6    S 2. This act shall take effect immediately.