Coalition of Watershed Towns

Summary of New York City’s

New Land Acquisition Program

November 13, 2010

 1997 Watershed MOA

 Permitted $300 M Land Acquisition Program

 Willing Seller/Willing Buyer

 Towns and Villages could protect areas from

acquisition

 Watershed Protection & Partnership Programs

 2007 FAD

 Required City to spend additional $241 M on land

acquisition

 CWT, Delaware County and Towns of Roxbury and

Hamden sued under SEQRA challenging the
program

 Resulted in Negotiations on the Lawsuit and New

Water Supply Permit
New York City’s
2010 Land Acquisition Program
 Continues all of the previous important elements
of the 1997 Permit and MOA
 No Eminent Domain
 Protected Hamlets & Villages
 Continued Partnership Programs
 Enhanced Tax Protection Program
 Accountability for WAC and rights to resources on
City-purchased lands.
Natural Features Criteria

As in current permit, land in Priority Areas 2, 3 & 4

must be:
 At least 10 acres
 Partially within 1000’ of a reservoir
 Partially within 100-year flood plain
 Partially within 300’ of a watercourse
 Contain part of a DEC wetland or 5 acre Fed
wetland
 Contain slopes greater than 15%
New NFC Thresholds
In order to purchase property or conservation
easements, the property must meet the following
special criteria:
(i) 50% or more of the property must have 15%
slopes;
(ii) 7% or more of the property must contain water
courses, wetlands or be in the floodplain or be
within a certain distance of a water course or
wetland.
Towns With Expanded Hamlets

 Ashland
 Lexington
 Conesville
 Masonville
 Delhi
 Meredith
 Hamden
 Middletown
 Harpersfield
 Olive
 Hunter
 Roxbury
 Jewett
 Sidney
 Kortright
 Walton
 Windham
 Towns and Villages can choose to prohibit City
acquisitions by fee or conservation easements in
hamlets and villages

Previously, could only prohibit fee acquisitions

Restrictions on City right to buy, not individual’s

right to sell
 The Towns have 180 days to pass the following
two resolutions:

1. Expanding the designated hamlet (if applicable).

 Expanded hamlet areas are entitled to the
less restrictive stormwater regulations.

2. Determining whether to preclude acquisitions in

fee and acquisitions of conservation easements
in the 1997 designated area and the expanded
hamlet (if any) (written notice to affected land
owners, 30 day comment period, public hearing).
 Every 5 years a Town or Village can revisit the
decision whether or not to preclude or allow
acquisitions in the hamlet or village
Shandaken Rule
Due to large percentage of City and State owned
land in Shandaken, the City will not actively solicit
land within the Town, but can respond to inquiries
from landowners
Stewardship of City Lands

 City will not challenge tax assessments on newly

acquired lands for 30 years (extended from 20
yrs)

 Revocable Permits. DEP has agreed to modify its

regulations regarding revocable permits to reduce
the fees charged for municipal uses and
recreational uses.

 DEP has agreed to work with property owners

who require a revocable permit from DEP for
access and/or utility easements to provide
 DEP has agreed to allow cell towers and
commercial wind towers on property it owns in fee
subject to insuring no significant impairment to
water quality and local approvals.

 DEP will modify its conservation easement to

allow cell towers and wind towers on property
subject to conservation easements subject to
protections to ensure no significant impairment to
water quality.
 The City has agreed to continue and, depending
on the results of the study, expand the boating
program in the Cannonsville.

 The City has agreed to allow snowmobile trails on

and across its property provided an agency or
association accepts responsibility for the trail and
maintains those trails.
 The City has agreed to language indicating that it
has an obligation to make the natural resources
on lands it acquired available to the communities
subject, of course, to water quality considerations.
Natural resources includes: agriculture, forestry,
firewood, maple syrup, blue stone, recreational,
wind towers, cell towers.

 The City and WAC will include as part of the local

consultation process all available information
regarding known natural resources on the
property being acquired or subject to the
conservation easement.

 City & WAC will not receive any royalties from gas
drilling on neighboring lands
Partnership Programs
 The City has agreed to fund the septic system
replacement and rehabilitation program at
historical levels (300 septic systems per year) for
the duration of the permit (through 2026).

 The City has agreed to fund the septic

maintenance program (maintenance of up to 20%
of the septic systems that have been remediated
on an annual basis) through the duration of the
permit (2026).
 The City has agreed to fund the Small Business
Septic Program consistent with existing funding
levels for the duration of the permit.

 The City has agreed to fund the Stormwater

Retrofit Program consistent with historical levels of
activity through 2026.

 The City has agreed to fund the remaining

communities eligible for a community wastewater
system that were identified in the MOA.
 The City has agreed to fund an engineering
position at CWC to assist businesses and
municipalities in addressing the stormwater issues
through the duration of the Water Supply Permit.

 The City has also agreed to fund the Education

Programs at CWC consistent with historical levels
for the duration of the permit.

 The City has agreed to fund CWC’s administration

through the duration of the permit.
Watershed Agricultural Council
 WAC has agreed to modify its conservation
easement to mandate an informal dispute
resolution procedure in which a farmer can seek
arbitration in front of a DEC ALJ. A farmer will no
longer have to pay WAC’s attorney fees if it loses
the dispute.

 WAC will amend its conservation easement to

give preference to any local and/or regional land
trust in the assignment of the WAC easement if for
some reason the easement must be assigned.
 WAC has agreed to comply with the substance of
the transparency requirements in the Public
Officers Law (open meetings and Freedom of
Information) in all areas associated with the Land
Acquisition Program and the stewardship of those
lands.

 WAC has agreed to adopt guidelines indicating

that reserved uses (commercial forestry, blue
stone mining, rural enterprises, wind towers, cell
towers, etc.) are permitted uses subject to
reasonable criteria to protect water quality and
agricultural values. WAC must consult with CWT
regarding guidelines and policies prior to adoption.
 WAC model easement will no longer require a
farmer to implement a WAC approved Whole
Farm Plan unless the Whole Farm Plan is fully
funded by WAC or DEP

 WAC will notify existing property owners subject to

a WAC easement of the opportunity to amend the
WAC easement to incorporate the changes
required by this agreement and all cost associated
with the modification will be paid for by WAC.
Land Trusts
 2007 FAD required NYC to work with land trusts

 Towns will have right to determine if LT’s can

acquire property in the town for NYC

 LT’s bound by the same criteria as NYC including

NFC’s and paying taxes

 Towns can revisit decision on LT’s every 5 yrs.

Riparian Buffer Program
 Pilot program funded with $5M starting in Greene
County to allow acquisition of strips along streams
and river to protect water quality

 Towns can decide whether to participate

Tax Litigation Avoidance Program
 Successor to Tax Consulting Fund

 Voluntary Participation by Towns but City

Obligated to Participate if Towns so Choose

 Designed to Provide Certainty on Assessments

and Avoid Litigation

 Based Upon a Template System to Reduce

Subjectivity
 Templates have been developed or will be for
WWTPs, Dams, Reservoirs and Sewage
Collection Systems

 Templates have specified line items for all of the

elements of the taxable property

 Buildings, dam elements, land, roads, etc.

 Line items for permitting, design, financing and

other soft costs

 Total results in assessed valuation

Valuing Land Underwater

 Historically the most difficult problem

 Have agreed on a unique methodology

 Lands will be classified as hamlet areas and rural

areas to reflect different values of those historical
areas
Hamlets
 Identified by acquisition maps and USGS maps

 Area calculated or number of parcels counted

 Current sales used to determine value using either

vacant lots of up to 2 acres or vacant building lots
in comparable hamlets and villages

 (Weighted average price per acre) X (# of hamlet

acres) X 25% add-on factor; or

 (Average price per building lot) X (number of lots)

Rural Areas

 Perform a weighted mean average of at least 30

sales in the area of vacant lots of 25 acres or
larger.

 (Weighted mean price per acre) X (# rural acres in

town) X 15% add-on factor
TLAP Process

 Administered through CWC.

 Once City decides to challenge an assessment

gives Town opportunity to engage in TLAP.

 City prepares a Valuation Report to be used for

the template.

 CWC retains an expert for Town to evaluate City

report.

 City and Town use the reports to complete the

 If parties cannot agree on a line(s) of template
then they proceed to litigation only on the disputed
item.

 City does not pay for Town’s litigation.

 If Town wins with a value 15% higher than City’s

last offer on that line, then City must pay two-
thirds of Town’s attorney and expert fees up to
$90,000.
 City will fund TLAP with $500,000 and continue
funding as needed for duration of permit up to $2
Million.

 While City and CWC are finalizing templates, City

will not bring any new challenges in Towns where
assessments are unchanged.

 In Towns with existing litigation or where

assessments are changed, City can commence
actions to preserve rights, but will adjourn them
until template process is complete.
 TLAP funds and process available to Towns doing
a town-wide revaluation to develop information on
the assessment of the City property

 TLAP does not protect a Town from an

equalization rate challenge, however the TLAP
template can be used to establish the value of the
City’s property
 Consideration for the Agreement

Coalition of Watershed Towns and the Towns of

Hamden and Roxbury must dismiss their Article
78 proceeding challenging the City’s compliance
with SEQRA on the Land Acquisition Program.

Delaware County and the Coalition of Watershed

Towns must agree not to oppose the Water
Supply Permit and not to fund or assist any town
or other party in opposing the Water Supply
Permit.
 The Towns and Villages that signed the MOA will
be able to enforce the requirements of this
Agreement through the MOA.
Schedule:
 Public Comment Period closes on November 22,
2010

 Permit will be issued prior to the end of the year

 The Parties must sign an agreement prior to

permit issuance