Town Board - Regular Meeting

TOWN OF ORANGETOWN TOWN BOARD MEETING MINUTES July 14, 2026 This meeting was opened at 7:00 PM. Supervisar Teresa M. Kenny presided and Rosanna Sfraga, Town Clerk, called the roll. Present were: Councilperson Paul Valentine Councilperson Jerry Bottari Councilperson Brian Donohue Councilperson Dan Sullivan Supervisor Teresa M.

Kenny Also Present: Allison Kardon, Supervisor's Confidential Assistant Carmel Reilly, Director of Economic Development & Tourism Rosanna Sfraga, Town Clerk Joseph Thomassen, Deputy Clerk Robert Magrino, Town Attorney Jeff Bencik, Finance Director James Dean, Superintendent of Highways Eamon Reilly, Commissioner of DEME Aric Gorton, Superintendent of Parks, Recreation & Building Maint, Matt Lenihan, Information Services and Equipment Specialist Conor Treacy, IT Depariment Brendan Carton, IT Department Donald Butterworth, Police Chief Michael Shannon, Police Captain Pledge of Allegiance to the Fiag ANNOUNCEMENTS: Senator Weber is sponsoring a Blood Drive at Orangetown Town Hall on Thursday, July 30th from 7 pm -7 pm.

To register: https:/www.nysenate,gov/senators/bill-weber. PRESENTATIONS: South Orangetown Ambulance Corps Awards Presentation DISCUSSION: WORKSHOP OF AGENDA ITEMS RESOLUTION NO.288 OPEN

PUBLIC COMMENT PORTION RESOLVED, that the public portion is hereby opened, Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Brian Donohue and was Adopted: Motion: 5 - 0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny Noes: None

07/14/2026 RTBM RESOLUTION NO.

298 (CONT...)

SUMMARY OF

PUBLIC COMMENTS: Alex Dimenna, Blauvelt, submitted his comments on Transit Oriented Development. (Exhibit 07-14-A) Sally Savage, Cottage Grove, OR, submitted her comments on the proposed expansion of The Esplanade. (Exhibit 07-14-B) James K. Riley, Pearl River, submitted his comments on the data center moratorium.

(Exhibit 07-14-C) Susan Dunleavy, Pearl River, Chairperson of the Orangetown Senior Advisory Board, requested an increase in the budget over the increased costs and memberships for Orangetown senior clubs. Carol Schelin, Tappan, requests the Town of Orangetown to take over membership responsibilities for the various senior clubs within the Town of Orangetown. RESOLUTION NO, 289 CLOSE

PUBLIC COMMENT PORTION RESOLVED, that the public portion is hereby closed, Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Brian Donohue and was Adopted: Motion: & - 0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny Noes: None RESOLUTION NO.

300 ACCEPT DONATION / MILITARY BANNER PAYMENT AND MEMORIAL BENCH / RAYMOND W DEMEOLA MEMORIAL POST 1615 OF BLAUVELT RESOLVED, upon the recommendation of the Town Supervisor, the Town Board hereby accepts, with gratitude, a 10-year Raymond DeMeola military banner payment and the donation of a granite memorial bench to be placed at Town Hall from the Raymond W. DeMeola Memorial Post 1615.

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Dan Sullivan and was Adopted: Motion: 6 - 0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M.

Kenny Noes: None RESOLUTION NO, 204 AGCEPT DONATION / MEMORIAL BENCH / RAYMOND W DEMEOLA MEMORIAL POST 1615 OF BLAUVELT / LIONS PARK RESOLVED, upon the recommendation of the Superintendent of Parks, Recreation & Building Maintenance, the Town Board hereby accepts the donation of a mamorial bench to be placed at Lions Park. Engraving will read: in Memory of Sgt. Raymond W.

DeMeola Donated by: Raymond W, DeMeola Memorial Post 1645 of Blauvelt Councliperson Brian Donohue offered the above resolution, which was seconded by Councilperson Jerry Bottari and was Adopted: Motion: & - 0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny Noes: None

07/14/2026 RTBM RESOLUTION NO.

362 OPEN

PUBLIC HEARING / RTBM JULY 14, 2026 AT 7:05 PM/ PROPOSED AMENDMENTS TO TOWN CODE / ESTABLISHING A PRESERVATION FUND AND CREATING A COMMUNITY PRESERVATION FUND ADVISORY BOARD / LOCAL LAW A RESOLVED, that the public hearing regarding a proposed Local Law amending the Town Code by adding Chapter 7D (“Community Preservation’) Article !

to the Town Code, establishing a Community Preservation Fund and creating a Community Preservation Fund Advisory Board as authorized by Town Law Section 64-| for the purpose of preserving natural, scenic, historic, agricultural, and open space resources within the Town (Local Law A) is hereby opened. PRESENTATION of Affidavit of Public Hearing posting and publication (Exhibit

07-14-D)

SUMMARY OF COMMENTS: Julia Schneider, Pearl River, and Eileen Larkin, Palisades, are both against creating a Community Preservation Fund. Joy Macy, Blauvelt, Jim Cleary, Sparkill, Larry Vail, Tappan and Michelle Brisson, Blauvelt are all in favor of creating a Community Preservation Fund. Councilperson Brian Donohue offered the above resolution, which was secended by Councilperson Paul Valentine and was Adopted: Motion: 5-0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny Noes: None RESOLUTION NO. 303 CLOSE/CONTINUE /

PUBLIC HEARING / PROPOSED AMENDMENTS TO TOWN CODE / ESTABLISHING A PRESERVATION FUND AND GREATING A COMMUNITY PRESERVATION FUND ADVISORY BOARD / LOCAL LAW A RESOLVED, that the public hearing regarding a proposed Local Law amending the Town Code by adding Chapter 7D (‘Community Preservation’) Article | to the Town Code, establishing a Community Preservation Fund and creating a Community Preservation Fund Advisory Board as authorized by Town Law Section 64-1 for the purpose of preserving natural, scenic, historic, agricultural, and open space resources within the Town (Local Law A) is hereby closed, Counciiperson Paul Valentine offered the above resolution, which was seconded by Councilperson Dan Sullivan and was Adopted: Motion: & - 0 Ayes: Councilperson Paul Valentine, Councilpereon Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M.

Kenny Noes: None

RESOLUTION NO, 304 OPEN

PUBLIC HEARING / RTBM JULY 14, 2026 AT 7:10 PM / PROPOSED AMENDMENTS TO TOWN CODE / ADOPTING A COMMUNITY PRESERVATION PROJECT PLAN / LOCAL LAW B RESOLVED, that the public hearing regarding a proposed Local Law amending the Town Code by adding Chapter 7D (‘Community Preservation’) Article II to the Town Code, adopting a Community Preservation Project Plan (Local Law B) is hereby opened.

PRESENTATION of Affidavit of Public Hearing posting and publication. {Exhibit 07-14-E} SUMMARY OF COMMENTS: The Orangetown Parks Development Advisory Committee (OPDAC), Orangetown Community Preservation Plan Committee, Sparkill Creek Watershed Alliance, and Deborah Franzblau, Blauvelt all submitted comments in support of the Community Preservation Plan.

(Exhibit 07-14-F) Larry Vall, Tappan, supports a total representation of all villages and hamlets on the Cornmunity Preservation Advisory Board. Councilperson Jerry Botfarl offered the above resolution, which was seconded by Councilperson Dan Sullivan and was Adopted: 07/14/2026 RTBM RESOLUTION NO. 304 (CONT...) Motion: 5 - 0 Ayes: Councilperson Pau!

Valentine, Councilperson Jerry Boitari, Councilperson Brian Danchue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny Noes: None RESOLUTION NO. 305 CLOSE/CONTINUE

PUBLIC HEARING / PROPOSED AMENDMENTS TO TOWN CODE / ADOPTING A COMMUNITY PRESERVATION PROJECT PLAN / LOCAL LAW B RESOLVED, that the public hearing regarding a proposed Local Law amending the Town Code by adding Chapter 7D (“Community Preservation’) Article II to the Town Cade, adopting a Community Preservation Project Plan (Local Law 8) is hereby closed. Counciiperson Brian Donohue offered the above resolution, which was seconded by Councilperson Jerry Bottari and was Adopted: Motion: 6-0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny Noes: None

RESOLUTION NO.

306 OPEN

PUBLIC HEARING / RTBM JULY 14, 2026 AT 7:15 PM / PROPOSED AMENDMENTS TO TOWN CODE / TO CREATE A THREE TENTHS OF ONE PERCENT REAL ESTATE TRANSFER TAX ON THE CONVEYANCE OF INTERESTS IN REAL PROPERTY IN THE TOWN / LOCAL LAW C RESOLVED, that the public hearing regarding a proposed Local Law amending the Town Code by adding Chapter 7D (‘Community Preservation’) Article Ill to the Town Code, creating three tenths of one percent (0.3%) real estate transfer tax on the conveyance of interests in real property in the Town (Local Law C) is hereby opened. PRESENTATION of Affidavit of Public Hearing posting and publication. (Exhibit

07-14- 8)

SUMMARY OF COMMENTS: None. Councilperson Brian Donohue offered the above resolution, which was seconded by Councilperson Dan Sullivan and was Adopted: Motion: 5 - 0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny Noes: None RESOLUTION NO, 307 CLOSE/CONTINUE

PUBLIC HEARING / PROPOSED AMENDMENTS TO TOWN CODE /TO CREATE A THREE TENTHS OF ONE PERCENT REAL ESTATE TRANSFER TAX ON THE CONVEYANCE OF INTERESTS IN REAL PROPERTY IN THE TOWN / LOCAL LAWC RESOLVED, that the public hearing regarding a proposed Local Law amending the Town Code by adding Chapter 7D ("Community Preservation’) Article Ill to the Town Code, creating three tenths of one percent (0.

3%) real estate transfer tax on the conveyance of interests in real property in the Town (Local Law C) is hereby closed. Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Brian Donohue and was Adopted: Motion: § - 0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M.

Kenny Noes: None 074472026 RTBM RESOLUTION NO.

308 SEGQRA NEGATIVE DECLARATION / COMMUNITY PRESERVATION LAWS A, B & C WHEREAS, the Town Board has determined that it is desirable and necessary to adopt the following local laws, for the reasons and based on the findings as set forth more fully therein: Local Law 3-A of 2026 — Community Preservation Fund and Advisory Board, Local Law 3-B of 2026 ~ Adoption of Community Preservation Plan, and Local Law 3-C of 2026 — Adoption of Reai Estate Transfer Tax; and WHEREAS, the Town Board has previously declared itself as Lead Agency for State Environmental Quality Review Act (SEQRA) review and further determined that the proposed action is a Type | action (Resolution No.

2026-258); and WHEREAS, the Town Board has prepared a Full Environmental Assessment Form (Full EAF) Parts | and |], and conducted a hard look at all potential environmental issues related to the adaption of the three proposed local laws referenced above, and WHEREAS, the Town Board has distributed the proposed Local Laws and Community Preservation Plan (CPP) to the Gounty of Rockland Department of Planning and Town of Orangetown Planning Board and considered their comments, NOW THEREFORE IT 1S RESOLVED that the Town Board has determined that the action will have no significant adverse environmental impacts and hereby makes and issues a Negative Declaration and, therefore, no further action is necessary with respect to SEQRA, with respect to proposed Local Laws #3 A, B and C of 2026 and BE iT FURTHER RESOLVED that, to the extent necessary based upon the Rockland County Planning Department comments, the Town Board hereby overrides the request for referral of the CPP for further GML.

review as part of the adoption of the Local Laws referenced herein, on the basis that, although the proposed Local Laws and CPP are not required to be submitted for GML review pursuant to GMI.

§239-m(3), the CPP was submitted by the Town to the Courity Planning Department on June 11, 2026 as a courtesy, as part of the Local Laws to be considered and adopted, and no such review of the CPP has been provided to date, The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Paul Valentine VOTING Aye Councilman Jerry Bottari VOTING Aye Councilman Brian Donohue VOTING Aye Councilman Dan Sullivan = VOTING Aye Supervisor Teresa M, Kenny VOTING Aye ‘The resolution was thereupon declared duly adopted.

Councilperson Dan Sullivan offered the above resolution, which was seconded by Councilperson Paul Valentine and was Adopted: Motion: 5 - @ Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny Noes: None 07/14/2026 RTBM RESOLUTION NO. 309 ADOPT LOCAL LAW NO.

3-A of 2026, CREATING CHAPTER 7D (“COMMUNITY PRESERVATION”) ARTICLE | OF THE TOWN CODE BE iT RESOLVED, that the Town Board hereby adopts proposed Local Law No.

3-A of 2026, amending the Town Code by adding Chapter 7D ("Community Preservation’) Article I to the Town Code, establishing a Community Preservation Fund and creating a Community Preservation Fund Advisory Board as authorized by Town Law § 644 for the purpose of preserving natural, scenic, historic, agricultural, and open space resources within the Town as follows: See alfached proposed Chapter 7D (‘Community Preservation’) Article 1.

(Exhibit Q7-14-H) Councilperson Brian Donohue offered the above resolution, which was seconded by Councilperson Dan Sullivan and was Adopted: Motion: 6 - 0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottarl, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny Noes: None RESOLUTION NO.

310 ADOPT LOCAL LAW 3-5 of 2026, ADOPTING A COMMUNITY PRESERVATION PROJECT PLAN BE IT RESOLVED, that the Town Board hereby adopts proposed Local Law No.

3-B of 2026, amending the Town Code by adding Chapter 7D ("Community Preservation’) Article Il to the Town Code, adopting a Community Preservation Project Plan, as follows: See alfached proposed Chapter 7D (“Community Preservation’) Article {f and Community Preservation Project Plan, (Exhibit 07-14-H) Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Brian Donohue and was Adopted: Motion: 5 - 0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M.

Kenny Noes: None RESOLUTION NO, 314 ADOPT LOCAL LAW 3.-C of 2026, ESTABLISHING A THREE TENTHS OF ONE PERCENT REAL ESTATE TRANSFER TAX ON THE CONVEYANCE OF INTERESTS IN REAL PROPERTY IN THE TOWN BE IT RESOLVED, that the Town Board hereby adopts proposed Local Law No.

3 C of 2026, amending the Town Code by adding Chapter 7D (“Community Preservation’) Article ff to the Town Code, establishing a three tenths of one percent (0.9%) real estate transfer tax on the conveyance of Interests in real property in the Town, as follows: See atiached proposed Chapter 7D (“Community Preservation’) Article It. (Exhibit 07-14-44) Subject to a Mandatory Referendum.

Cauncilperson Brian Donohue offered the above resolution, which was seconded by Councilperson Jerry Bottari and was Adopted: Motion: 5-0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny Noes: None OF LA0I6 RTBM RESOLUTION NO.

312 SET

PUBLIC HEARING ON PROPOSED LOCAL LAW /RTBM AUGUST 25, 2026 AT 7:05 PM/ ESTABLISH TEMPORARY MORATORIUM / DATA CENTERS AND BATTERY ENERGY STORAGE SYSTEMS WHEREAS, the Town of Orangetown is considering a local taw to temporarily suspend the processing of land use approvals and the granting of approvals for certain battery energy storage systems and data sforage facilities for a period of 180 days while the Town Board studies whether amendments to the Zoning Code are necessary regarding battery energy storage systems and data storage facilities and WHEREAS, the proposed action in adopting a local law to establish a moratorium of this nature is a Type fl action pursuant to the NYS Department of Environmental Conservation rules and regulations, 8 CRR-N'Y 617.

5 (36), known as the New York State Environmentat Quality Review Act (SEQRA), meaning the action is not subject to review under SEQRA, NOW THEREFORE BE IT RESOLVED that the Town Board will hold a public hearing on August 25, 2026, at 7:08 p.m.

, on a proposed Local Law establishing a temporary moratorium on approval, construction and installation of Battery Energy Storage Systems and Data Storage Facilities (Centers) for a period of 180 days.

Councilperson Brian Donohue offered the above resolution, which was seconded by Councilperson Dan Sullivan and was Adopted: Motion: 6 - 6 Ayes; Councilperson Paul Valentine, Councilperson Jerry Bottari, Counciiperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny Noes: None RESOLUTION NO.

313 APPROVE RETAINER AGREEMENT WITH MAHON RIDER MCKAY IN CONNECTION WITH PERSONNEL MATTER RESOLVED, on the recommendation of the Town Attorney, approve the retainer of MAHON RIDER MCKAY to provide legal services to the Town of Orangetown in connection with a personnel matter, on the terms and conditions set forth In a proposed Retainer Agreement, incorporated by reference herein, and authorize the Supervisor, or her designee, to execute a copy thereof, Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Brian Donohue and was Adopted: Motion: 5 - 0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M.

Kenny Noes: None RESOLUTION NO.

344 EXTEND CONTRACT / DAY CAMP BUSING / CHESTNUT RIDGE TRANSPORTATION / REFERENCE RESOLUTION 2024-179 RESOLVED, upon the recommendation of the Superintendent of Parks, Recreation & Building Maintenance, the Town Board hereby extends for the year 2026 the contract for Orangetown Day Camp Busing with Chestnut Ridge Transportation of Spring Valley, NY, which contract was originally awarded pursuant to Resolution 2024-179, for the year 2026, at a price of $656,00 per bus for “all day” transportation, including pick-ups and drop-offs and $562.

00 per bus for “at camp" transportation Councilperson Dan Sullivan offered the above resolution, which was seconded by Councilperson Brian Donohue and was Adopted: Motion: & - 0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny Noes: None , 07/14/2026 RTBM RESOLUTION NO.

315 ACCEPT / RECEIVE / FILE DOCUMENTS/TOWN CLERK’S OFFICE RESOLVED thai the following documents are accepted, received and filed in the Town Clerk's Office: Jown Baard Meeting minutes: 6/9/2026 Police Commission Meeting; and 6/9 & 6/23/2026 Regular Town Board Meetings. Agreements: « Agreement between Rockland County and the Town of Orangetown for Counterterrorism Training.

* Contract 2026-04 Heating and Air Conditioning Service (Lombardo Plumbing & Heating of Rockland, inc). * Agreement between Town of Orangetown and SOCSD for Pool Usage. Agreement to continue participation in the RCDAO LEAD Program. Extension of Agreement with Chestnut Ridge Transportation for the Orangetown Summer Camp Transportation.

« Contract 2026-01 WWTP Repair - Rebuild Primary Clarifier (Sentry Equipment Corp.) Release Performance Bond for The Reserve at Pearl River ($1,330,004,.

50) Councilperson Jerry Bottari offered the above resolution, which was seconded by Councilperson Brian Donohue and was Adopted: Motion: 5-0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Boitari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M, Kenny Noes: None RESOLUTION NO.

316 PAY VOUCHERS RESOLVED, upon the recommendation of the Director of Finance, Jeffrey Bencik, the Finance Oifice is hereby authorized to pay vouchers for a total amount of five (8) warrants (Exhibit 07-14-1) for a total of $3,139,355.87.

Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Dan Sullivan and was Adopted: Motion: 5 - 0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councllperson Brian Donohue, Councilperson: Dan Sullivan, Supervisor Teresa M. Kenny Noes: None RESOLUTION NO, 317 ENTER

EXECUTIVE SESSION In attendance, at this Executive Session were Supervisor Kenny, Councilpersons Donohue, Sullivan, Valentine and Bottari, and Robert Magrino, RESOLVED, at 7:57 pm, the Town Board entered Executive Session to discuss personnel matters, Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Brian Donohue and was Adopted: Mation: 5-0 Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M.

Kenny Noes: None 07/14/2026 RT BM RESOLUTION NO. 318 RE-ENTER RTBM / ADJOURNED / MEMORY RESOLVED, at 8:45 pm, the Town Board re-entered the Regular Town Board Meeting and adjourned in memory of: + Susan Arroyo, Former Resident of Orangetown. +“ Bonna LaPoma, Resident of Pearl River. * Helen Bottari, Resident of Blauvelt and cousin to Councilman Jerry Bottari, * Sen.

Lindsey Graham, United States Senator (R-South Carolina) Councilperson Paul Valentine offered the above resolution, which was seconded by Councilperson Brian Donohue and was Adopted: Motion: 5-0 Ayes: Gouncilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M.

Kenny Noes: None Rosanna Sfraga, Town Clerk EXHIBIT LTA - 4 Transit Oriented Development The presentation for the commuter apartments raises similar issues as the previously propos sd MEDC- LI residential overlay within a different non-residential zoning district within @iiangétow®. Thisis 5 | another petition to allow for overlay housing use designations within a non residential zone.

There are widespread potential issues of considering an overlay zone that would apply tS 4ay Gaihinly sit uated like-zoned or future zoned property of one acre or more at a density far above existing established residential districts.

As with the MFDC-LI proposal, this is a use interpretation that changes the potential abilities of any similarly zoned land throughout the town to petition for consideration and approval into the overlay housing zone. There are no boundaries or limitations noted for the application parameters of such overlay, or any specifications of use in hamlet centers such as downtown pearl river.

While some previous speakers have noted housing affordability in their discussion of future projects, there is nothing denoting that any present or future proposed project focuses upon affordability within the town.

Over the past year, several concepts have come before this board including a preliminary proposal to tum Blue Hill Building #2 into 342 units of rental loft housing, this in addition to 342 units of future proposed housing conceptually approved through memorandum of understanding with the HNA Palisades property.

The additional CO Overlay Zone proposal seeks 109 units on a site that is less than 2 acres in size within Pearl River.

No one who has spoken on the project or zoning has acknowledged the multitude of other development proposals, use change interpretations, zone amendment proposals, or overlay requests that have come before the board within the past two years or presented concepts for future approval at previous board presentations.

The overall impact to the creation of overlays that change the complete use interpretation of one or multiple zoning districts from non-residential to residential must be analyzed. The potential of multiple distinct residential overlay zones being presented at different densities for approval without coordination and overall impact analysis, presents the potential for future zoning and land use related issues.

The proposal and the associated overlay request, is larger than the consideration of one property owner seeking a singular zone change or concept on one property, This would require a build out of detailed zoning parameters by the town, and a cataloging of accurate zoned properties where this zoning would apply.

This concept and overlay is essentially a dense TOD, without any of the formal parameters or zoning requirements that would accompany such a district or project consideration. A complete view of what is being presented and proposed by applicants, and the implications that apply to similarly situated and zoned properties is needed.

Overlay zones in this instance can present several developmental issues and could represent major growth inducement and an incentivization to purchase and redevelop former industrial or CO sites into dense housing without appropriate planning mechanisms. In looking at the overlay and project request, consider unintentional developmental implications described beyond the scope of one applicant seeking to develop a 1.

5 acre parcel. AHUBIT: » O1-14-3 Sally Savage, 1335 Daugherty Avenue, Cottage Grove, OR 97424 savagesallyOR@gmail.com 541-430-1406 RECEIVED Raphael Weiss, Director /CEO JUN 3.8 mms The Esplanade Toms oF onancetonn 640 Oak Tree Road LAND USE BOARDS Palisades, NY 10964 Dear Mr, Weiss SIGN ME UP. Ihave read the 10964 article about Esplanade’s intended additions of senior independent units.

I was in touch with Rita Mazzarello some time ago, seeking Rockland independent living atrangemenis - since there is also access later to Assisted living on your premises . Is that still correct? I spent from 1956 to 2023 in Piermont and Nyack - so Rockland is home. | am familiar with your lovely grounds and several friends have lived there. In 2023 I moved to Oregon for family reasons.

I have since rented a 2-bedroom Independent Living apartment adjacent to Magnolia Gardens’ Assisted Living in Cottage Grove, OR. I need and want to return to Rockland County Thave a garage but no longer drive; and a small, semi-private patio that is my favorite place. In my tri-state searches I have failed to find either independent or assisted premises that in- cludes private access to an outdoor sitting area.

Inevitably some of your future tenants will stop driving!! A garage can still be useful for stor- age. But is there ANY hope of some units offering an alternative choice of a semi-private out- door sitting area?, Iso, indeed SIGN ME UP!

look forward to your reply Thank you June 24, 2026 cc: Maria Brownsworth, VP Community Outreach Orangetown Town Board |-~ UPDATE ON THE ESPLANADE stg womeanas Eusrae rena aeracy Rae ‘ROPESEOR TSE TOT PRORUSED FLOOR ASEA TaN ER ROROSEUERIENNS ay..07 AREA MN Lorna ML STaeEs ROUTE AL FRCHT Wa 1a SIDE ako ‘uw Tora en Yann REARYARD.

MRLRAR, GTS Acie n+ PERREIG SPACES Ut Beet enny CONCEPTUAL SITE PLAN ~ SQHENE 2 a On March 26, The Esplanade, a senior living community on Oak Tree Road, hosted a Neighborhood Open House and Community Conversation to share its vision for the property's development and future. ‘The struggling living community was acquired two years ago by Amber Coure Assisted Living Communities.

The company operates nine assisted living communities across Long Island, New Jersey, and the NYC metro area, with The Esplanade marking its first property in Rockland County.

Raphael Weiss, CFO and Managing Director, and Marla Browaworth, VP of Community Outreach and Development, presented plans for the site, emphasizing that long-term success relies on expansion, A proposal introduced to the Orangetownt Town Board on January 6 calls for 53 single-story, cottage- style homes for seniors, with one and two-bedroom layouts and Garages, While intended to be affordable, it remains undecided whether the units will be rentals or for purchase.

Pricing will depend on the final unit count, expected to be at least 53. a Esplanade at Palisades Senior Housing Palisades, NY ew DTWOMERRDE ESERIES x 48 October 225 ‘The existing building will remain in operation and provide services to residents of the new homes, including physical therapy, meal plans and activities.

This would be the frst Amber Court property to include such independent housing, ~ The site is currently zoned R-40 (one-acre residential) and includes covenants such as 100-foot_ setbacks, A zoning change will be required, either to Multiple Family Residential (MFR), or to Planned Adult Community (PAC), which would restrict occupancy to those over age 55.

Zone changes remain a key concern for residents in Palisades, along with the number and placement of units and the-layour of internal roads. The project’s proximity to the large pending HNA development has also raised concerns about high density in Palisades. Residents appreciated the opportunity for dialogue. When Amber Court returns to present to the Town Board, community participation will be critical.

Carel Baxter +a Eric Petersen From: Town Clerk Sent: Monday, July 13, 2026 8:21 AM To: Town Board; TClerk Subject: : FW: Letter for submission to Town Board at July 14, 2026 Meeting On Data Center Moratorium Amended With Up-Dated Supplement Concerning Modifications on July 10 2026 to habitat protections under federal Endangered Species Act Good morning, Submitted Sunday 7/12/26 Regards, Joseph C Thomassen Town of Orangetown Deputy Town Clerk 26 W Orangeburg Rd.

Orangeburg, NY 10962 845-359-5100 x5004 TownClerk@orangetown.com From: James K. Riley <jrjrprny@gmail.com> Sent: Sunday, July 12, 2026 11:00 PM To: Orangetown Supervisor <supervisor@orangetown.com>; Town Clerk <townclerk@orangetown.com>; Rosanna Sfraga <rsfraga@orangetown.com>; Teresa Kenny <TKenny@orangetown.

com> Subject: Letter for submission to Town Board at July 14, 2026 Meeting On Data Center Moratorium Amended With Up- Dated Supplement Concerning Modifications on July 10 ,2026 to habitat protections under federal Endangered Species Act Lid This message neec is your attention + No employee in your company has ever replied :to th g This t isa personal email addres: Report this Email or Mark as Safe ; Powered by Mimecast To: Town Supervisor Kenny and Members of the Town Board and Town Clerk Town of Orangetown As an Orangetown resident and an attorney advocating pro bono publico, | am writing to submit the following points regarding the proposed data center moratorium for your consideration: 1.

Report Status and Timeline: When does the Town Board anticipate receiving the Planning Consultant's report regarding the proposed moratorium? Given the urgency and the existence of similar moratoriums nationwide, this report should not require extensive preparation time since data centers and moratoriums are the subject of ubiquitous discussion and debate locally, statewide, and nationally.!

hope it will be made available for the July 14, 2026 meeting, or shortly thereafter. When can residents expect its publication and the subsequent Board consideration? 2. Application to Pending Projects: As noted in my previous letter to the Town Board regarding these issues, the moratorium should apply to ail currently pending matters, including "Phase II" of the Data Bank Center.

Under New York State law, property rights do not vest until an application is approved, permitted, and substantial construction—such as excavation and pouring concrete footings—has commenced. 3. Inapplicability of Magee v. Town of Orangetown: References to Magee v. Town of Orangetown should cease. That case involved a 42 U.S.C.

1983 civil rights violation where a project was shut down without due process despite a valid building permit and substantial in-ground work. A properly enacted moratorium or subsequent zoning changes, held after adequate notice, would not constitute a due process denial or a property taking for any currently pending data center applications. 4.

SEQR Segmentation Issues: Deficiencies in the Data Bank Il planning process— specifically the improper segmentation of the SEQR process between Phase | and Phase l|—further justify including all pending data center applications in the moratorium.

The fact that Phase | proceeded, despite apparently inadequate environmental screening, does not support a claim of entitlement or estoppel by the property owner, especially now that the Planning Board recognizes the need for a more thorough environmental review for Phase II. What should have been required for the entire project is now being required for only a part of it. 5.

Drastic evisceration of enforcement provisions of Endangered Species Act by current federal administration: On Friday, July 10, 2026, the Departments of the Interior and Commerce announced a radical modification in the approaches to enforcement of the Endangered Species Act thereby abandoning five decades of protection of the habitat of endangered species. hitps:/heconversation.

com/how-redefining-one-word-strips-the- endangered-species-acts-ability-to-protect-vital-habitat-287348. As a result of these administrative actions, a significant portion of the legal responsibilities for protection of endangered or threatened species now reverts to, or defaults to, the States including New York State and its constituent municipalities and land use planning functions.

Implementing this transfer of legal and ethical responsibility from the federal to the state level, especially as it relates to data centers, will require careful study and implementation.

To protect against possible untoward and aggressive actions involving habitat destruction by property owners, a full and complete moratorium applicable to all data center proposals, including presently pending applications, for a reasonably appropriate period of time is now absolutely essential. Thank you for your consideration of each of the items set forth in this submission. Sincerely, / James K.

Riley 145 Franklin Avenue Pearl River NY 10965. jrirorny@amail.com

845- 653-1722 NOTICE OF POSTING:

NOTICE OF

PUBLIC HEARING: ESTABLISHING A COMMUNITY PRESERVATION FUND & CREATING A COMMUNITY PRESERVATION FUND ADVISORY BOARD . PETE AAR ie boeT-td-b_ STATE OF NEW YORK } ; COUNTY OF ROCKLAND =} SS.

TOWN OF ORANGETOWN } Joseph Thomassen being duly sworn upon his oath deposes and says; That, he is, at all times, hereinafter mentioned was, duly elected, Qualified and acting Deputy Town Clerk of the TOWN Of ORANGETOWN, in the County of Rockland, State of New York. That, on the 12" day, of _ June. 2026 he caused to be conspicuously posted.

and fastened up a notice, a true copy of which is annexed hereto and made a part of hereof, in the following places, at least one of which is a public place within the TOWN Of ORANGETOWN, New York. L Town Hall Bulletin Boards 2. Lig — homassen, Deputy Town Clerk Subscribed and sworn to before me This 128 ay of June. 2026 ERIC PETERSEN y Notary Public, State of New York No.

04PE6364472 Qualified in Rockland County FG Z Commission Expires September 18, 20 29 TOWN OF ORANGETOWN NOTICE OF

PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to a resolution of the Town Board of the Town of Orangetown, duly adopted at a meeting held on June 9, 2026, a public hearing will be held by the Town Board on July 14, 2026 at 7:05 pm, to consider amending the Town Cade by adding Chapter 7D (Community Preservation), Article 1, establishing a Community Preservation Fund and creating a Community Preservation Fund Advisory Board.

At the time and place of the public hearing specified above, all interested persons will be given the opportunity to be heard. By order of the Town Board of the Town of Orangetown.

Dated: June 12,2026 Rosanna Sfraga, Town Clerk Robert Magrino, Town Attorney 12412383, 1185208 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown being duly sworn, deposes and says she is the Principal Clerk of The Joumal News, Division of Gannett Newspaper Subsidiary, publishers of following newspaper published in Westchester and Rockland Counties, State of New York, of which annexed is a printed copy, out from said newspaper has been published in said newspaper editions dated: 06/19/2026 Subscribed and sworn to before me this 19 day of June, 2026 Notary Public State of Wisconsin, County of Brown VICKY FELTY Notary Public State of Wisconsin Gngiad 2/3 Town of Qrangetown NOTICE OF

PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to a resolution of the Town Board of the Town of Orangetown, duly adopted at a méeting held on June 9, 2026, a public hearing will be held by the Town Board on July 14, 2026 at 7:05 pm, to consider amend~ ing the. Town Code by adding Chapter 7D (Community Preser- vation), Article.

7, establishing a Community Preservation Fund and creating a Community Preservation Fund Advisory Board. At the time and place of the public hearing specified above, all interested persons will be given the opportunity to be heard, By order of the Town Board of the Town of Orangetown. Dated: June 12, 2026 Rosanna Sfraga, Town Clerk Robert Magrino, Town Attorney dune

19 2026 LNYS0538613 NOTICE OF POSTING:

NOTICE OF

PUBLIC HEARING: ADOPTING A COMMUNITY PRESERVATION PROJECT PLAN came } EXHIBIT STATE OF NEW YORK } COUNTY OF ROCKLAND } SS. TOWN OF ORANGETOWN } Joseph Thomassen being duly sworn upon his oath deposes and says; That, he is, at all times, hereinafter mentioned was, duly elected, Qualified and acting Deputy Town Clerk of the TOWN Of ORANGETOWN, in the County of Rockland, State of New York.

That, on the _ 12 day, of _June_, 2026 he caused to be conspicuously posted and fastened up a notice, a true copy of which is annexed hereto and made a part of hereof, in the following places, at least one of which is a public place within the TOWN Of ORANGETOWN, New York. 1. Town Hall Bulletin Boards 2. 3. , Deputy Town Clerk Subscribed and sworn to before me hi ERIC PETERSEN This __12th day of _ June.

2026 Notary Public, State of New York No. oaPe6364472 ‘ Qualitied in Rockland County Commission Expires September 18, 20% TOWN OF ORANGETOWN NOTICE OF

PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to a resolution of the Town Board of the Town of Orangetown, duly adopted at a meeting held on June 9, 2026, a public hearing will be held by the Town Board on July 14, 2026 at 7:10 pm, to consider amending the Town Code by adding Chapter 7D (Coramunity Preservation), Article II, adopting a Community Preservation Project Plan.

At the time and place of the public hearing specified above, all interested persons will be given the opportunity to be heard. By order of the Town Board of the Town of Orangetown.

Dated: June 12, 2026 Rosanna Sfraga, Town Clerk Robert Magrino, Town Attorney 12412386, 1185208 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown : being duly swom, deposes and says she is the Principal Clerk of The Journal News, Division of Gannett Newspaper Subsidiary, publishers of following newspaper published in Westchester and Rockland Counties, State of New York, of which annexed is a printed copy, out from said newspaper has been published in said newspaper editions dated: 06/19/2026 Subscribed and sworn to before me this 19 day of June, 2026 J VICKY FELTY Notary Public State of Wisconsin WA the Natary Public State of Wisconsin, County of Brown 2/3 Town of Orangetown NOTICE OF

PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to a resolution of the Town Board of the Town of Orangetown, duly adopted at a meeting held on Juné 9, 2026, a public hearing will be Held by the Town Board on July 14, 2026-at 7:10 pri, to consider amend ing the Town Code by adding Chapter 7D. (Community Preser- vation), Article fy adopting a Community Preservation Project jan.

At the time and place of the public hearing specified above, all interasted persons will be given the opportunity to be heard, By order of the Town Board of the Town of Orangetown.

Dated: June 12, 2026 Rosanna Sfraga, Town Clerk Robert Magrino, Town Attorney June 19 2026 LNYSOS38630 OPDAC Formal Recommendation, June 2026 Potential Land Acquisition for the Orangetown Community Preservation Plan Connecting the Trails: Sparkill to Piermont Introduction In support of a Town of Orangetown Community Preservation Plan, the Town seeks to establish a Community Preservation Fund (CPF).

Monies raised through the Fund would be earmarked for the acquisition of land and other interests in property for conservation purposes. This document comprises a formal recommended by the Town-appointed Orangetown Parks Development Advisory Committee (OPDAC) for a potential land acquisition target that would create a new trail segment to extend the Town's system of interconnected trails.

Importantly, 92% of the proposed new trail is already owned by the Town of Orangetown but only part of it is used for that purpose. Background Decades ago, when railway operations ceased in parts of the Town of Orangetown, some of the former railroad beds were converted by municipalities into outdoor open space recreational resources for residents. These much-cherished trails in the Town include the Joseph B.

Clarke Rail Trail passing through Tappan, Sparkill, Orangeburg and Blauvelt; the Old Erie Path in Piermont; the Hader Trail in Grand View-on-Hudson; and, the Raymond. G. Esposito Trail through South Nyack. One key aspect of these trails is that they are interconnected, providing critical scenic, leisure and commuting routes through the eastern and central parts of the Town of Orangetown.

The existing trails are used by a wide range of people including watkers, runners, casual cyclists, and commuters and they form highly-prized, publically-owned, outdoor recreational resources that provide safe, vehicle-free, nature-rich routes for residents to move throughout the area.

The benefits to residents of interconnected outdoor recreational trails are laid out in the Town of Orangetown Comprehensive Plan (2023), in the Rockland County Comprehensive Plan (2011, and 2026 draft), and in the New York Greenway Act (1991). The Town is a signatory to the Greenway Act.

Unused Town of Orangetown Land The Town of Orangetown currently owns for public benefit a former railroad bed measuring approximately 3,900 feet in length that lies wholly within the Village of Piermont municipal boundary. See red dashed line labelled A-B-C in Figure 1. This Town-owned segment is part of the larger Town-owned parcel with Tax Lot ID 74.11-1-23.

Currently, 2,500 feet of this Town-owned segment (labelled A-B in Figure i) is used as a trail from Sparkill that gradually climbs up via the Old Erie Path to the Piermont train station (label $ in Figure 1) that sits high up above the Hudson River. The remaining 1,400 feet of the Town-owned former railway bed segment, labelled as B-C in Figure 1, is currently unused for any public purpose.

This unused segment is almost flat, runs parallel to Sparkill Creek, and leads into the center of the Village of Plermont. HB Rockland County GMLMap Application Pi gq —l cy Legend A-B: Towned-owned public trail 8-C: Town-owned unused % land 3 C-D: Private unused land i S: Piermont historic train i station g P: Parking patch .

\ ‘Sparkill is & Bogan | al Figure 1: Location map showing Sparkill (Town of Orangetown) and the Joseph 8. Clarke Rail Trail in the lower jeft, the center of the Village of Piermont in the upper right. The yellow-black dashed line is Village af Piermont municipal boundary. Base map: Rockland County Municipal Mapper, accessed 2026-06-08. Image created by Andrew Goodwillie.

Opportunity: Potential Land Acquisition Target At the northeastern end of the unused Town of Orangetown-owned segment is a short, 370 feet-long, privately-owned strip of the former railroad bed. It is labelled as C-D in Figures 1 and 2, and it comprising a single tax lot: Tax Lot ID: 75.

62-1-39 Physical Address: 424 Piermont Avenue, Piermont, NY The strip is shown in Figure 1 as the short solid red line and labelled C-D. The same C-D strip is shown in detail in Figure 2. “Hag dace S Opceubaelday cocenidanors, Medak, Feochook, tue, adits allies, Gar Cantley Mups onoiindors, Figure 2: Detailed view of the center of Piermont. Outlined in solid red between C-D is the private 370 feet-long strip.

The unused Town of Orangetown-owned fand is outlined with the dashed red fine and labelled as the segment B-C (see Figure 1 for the position of B). The existing Old Erie Path rail trail, Sparkill Creek, Kane Park and Kennedy Park are labelled. Base map: Rockland County Municipal Mapper, accessed 2026-06-26. Image created by Andrew Goodwillie.

Rationale for the OPDAC Recommendation OPDAC recommends that the Town consider this short 370 feet-long strip for acquisition through the Community Preservation Fund program because: The purchase of this short privately-owned strip would allow the creation of a new vehicle-free scenic trail, connecting the existing extensive trail system in Sparkili to the very center of the Village of Piermont.

This private land strip has been in an unused state for decades. This private land strip was put up for sale about five years ago but did not sell. The owner may still be amenable to a sale through the Town’s CPF. Since the former railroad bed already exists, there would be no need for grading work with heavy equipment. The new trail would: 0 Provide links to the Joseph B.

Clarke Rail Trail system, and to the Old Erie Path, the Hader Trail and the Esposito Trail, which leads to Nyack and offers spectacular views across the Hudson River. co Pop out in the center of Piermont next to a children’s playground, Kane Park, and Kennedy memorial park. o Provide seasonal views of picturesque Sparkill Creek. o Offer vehicle-free route to approach the highly visited Piermont Pier.

Current Conditions a) Publically-owned Town of Orangetown 3,900 foot segment: e * In some parts, this segment is overgrown with vegetation and brush. County aerial photos show that a small patch of this 3,900 foot-long publically-owned property is currently being used as a car parking area for the private house at number 278 Piermont Ave.

According to public records, this patch is still publically owned by the Town of Orangetown. It is unknown if the owners sought permission from the Town to use the publically-owned land for their own private purpose. b) Privately-owned strip: This short 370-foot strip in the very center of Piermont comprises flat, well-maintained grass. See Figure 3.

Figure 3: The short, privately-owned strip emerges in the center of Piermont as a well-kept flat grassy area, Left photo: View looking northeast along the former railroad bed towards the village center. This view was taken at location C in Figures 1 and 2. Right photo: View from the center of Piermont looking southwest along the unused, privately-owned former railroad bed.

itis the view from location D in Figures 1 and 2. Photos taken 2026-05-20 by Andrew Goodwillie.

Conditions to Create a New Connector Trail 1} Purchase the short 370-foot privately-held segment: « If purchased by the Town through the Community Preservation Fund, the entire almost- flat former railroad bed from Sparkill to the center of Piermont would come under public ownership as Town of Orangetown property, « Alternatively, the Town could work with the Village of Piermont and/or with Rockland County to secure this short parcel for public benefit.

The County has recently made exemplary purchases of property In accordance with conditions covered by the CPF. 2) Improvements: « Clear the brush and other vegetation from the overgrown sections of the publically- owned 3,900 segment. * Enforce public ownership of the small patch at 278 Piermont Avenue that is currently used for private car parking.

* The newly-created trail should not be paved with impervious material. The Esposito Trail, Hader Trail and Old Erie Path offer much-loved examples of unpaved trails that provide a more natural approach. e Drainage: The proposed new trail is at the base of a hill and its location would mirror to some degree the topographical character of the existing Old Erie Path and Hader Trails.

Those trails feature a pervious, unpaved surface and a basic drainage channel to help alleviate potential drainage issues. * Maintenance: The existing unpaved trails in the area are maintained on as as-needed basis. 3} Protection: e The new trail should be designated as Parkland and registered as such with the State.

Summary The purchase of a small strip of privately-owned land in the center of Piermont would enable the foundational — and rare ~ opportunity to create a new vehicle-free scenic trail connecting the existing extensive trail system in Orangetown to the very center of the Village of Piermont. Currently, 92% of the length of this proposed new connecting trail is already owned by the Town of Orangetown.

Based upon other trails in the Town, the new trail would also be expected to become a highly-prized resource for Town residents.

July 9, 2026 Orangetown Community Preservation Plan Committee Town Board Orangetown Town Hall 26 Orangeburg Road Orangeburg, NY 10962 Subject: Formal Feedback on the Draft 2026 Orangetown Community Preservation Plan Dear Members of the Community Preservation Plan Committee, We appreciate the significant effort involved in developing the Draft 2026 Community Preservation Plan (CPP) for the Town of Orangetown.

The document provides a thorough inventory of open space needs, a structured scoring system across multiple categories, and valuable background information to guide future decision-making by the Community Preservation Fund Advisory Board (CPFA Board).

As stated in GML Section 6-S, the premise and potential benefits of a Community Preservation Fund (CPF) is for protecting natural areas, farmland, historic resources, and community character. Several members of the Orangetown Environmental Committee (OEC) have reviewed the draft CCP and offer constructive comments to strengthen the draft document and improve its effectiveness.

The feedback addresses some potential weaknesses within the structure and tone of the document, the implementation and strategy of the CPP, and formation of the governance of the committee/fund, if established. Comments on the Structure of the Draft Document The proposal aims to be effective as a neutral, informational resource detailing value, scope, costs, governance, and mechanisms.

it also allows the Town to emphasize certain aspects or use types of open space depending on needs over time. We agree with the emphasis in the GML that protection of natural areas is key to promoting quality of life and community character.

As this evaluation and selection process is developed and as times change the process may need adjustment so a clear procedure for future revisions to the Plan (formal Town Board approval or informal updates) should also be included. On (“Why establish a Community Preservation Fund?”), the document would benefit from balanced, data-driven analysis.

For instance, evidence should be provided on local water quality challenges and whether land acquisition is the most effective solution. Additional discussion is needed regarding impacts on property values and taxes for current residents (is there disproportionate benefit for sellers versus buyers of real estate), a better explanation for the relationship between open space and lower school taxes.

A few changes to the document may also improve its clarity and usability: Use descriptive labels in tables (or hover explanations) instead of relying solely on category numbers. Add internal hyperlinks from narratives to criteria tables. Provide direct links to referenced data sources and improve explanations of mapping tools (e.g., resolution and applicability of TNC resilience data for Orangetown).

Standardize scoring scales for clarity. Comments/Concerns on the Implementation of the CPP: Avoid Market impact: Including detailed maps of prioritized purchase locations risks inflating property values. While showing thoughtful identification of sensitive areas is valuable, general priority zones or criteria-based descriptions may be preferable.

Water Resources: Source Water Areas and Well Critical Areas warrant higher weighting {e.g., 3-point assessments) given their broad impacts on health, economy, property values, and quality of life. Regional and Community Balance: Explicit language should address geographic equity, directing outreach to underrepresented areas.

Similarly, add criteria or guidance to prioritize small parcels in dense residential neighborhoods for walkable pocket parks and broader public access. Peripheral green space may not be as highly valued as residential {walkable} common areas. Key Category Refinements: Greenbelts and Biodiversity are correctly emphasized however, some re-examination to ensure accurate scoring is necessary (e.g.

, the inclusion of cross-connection between greenbelts distorts the concept of a greenbelt and scoring; addressing low scores for key parcels in the Clausland/Palisades areas or inconsistencies with wooded versus turf landscapes). It would be helpful to clarify Greenbelt boundaries and connections and expand criteria in Scenic Areas (e.g.

, historic roads, Hudson River views) and agriculture (better alignment with active farms). For Recreation/Open Space and Historic Properties, enhance support for passive versus active (e.g., playground) uses, pedestrian infrastructure, and alternative preservation tools. Prioritization: How will “low-hanging fruit” projects be identified for realistic near-term action?

How will alternative tools—such as purchase of development rights, easements, or partnerships—be prioritized to achieve goals more cost-effectively? Post-Acquisition Management Plan: What stewardship and management plans follow property acquisition?

* Preservation outside of property acquisition: Can funds be used to purchase development rights (change zoning) or similar rights that would benefit the Town, preserving tax revenue and achieving CPP goais? Will (could) the designations as ‘high/highest’ priority areas provide opportunities for owners to work with the Town to get grant funding, etc?

How will the Town ensure that parcels not eligible for development not be considered for acquisition? Will other land use decisions be informed by the CPF Board analysis? « Competing Priorities: How will the inherent tension between land preservation and maintaining the Town’s tax base be managed?

« Performance Metrics: What are the expected measurable outcomes over defined timeframes, and how will success be tracked and communicated to residents? CPFA Board and Governance We support the requirement that a majority of CPFA Board members have demonstrated experience in conservation or land preservation.

Appointing at least one member from the longstanding Orangetown Environmental Committee would bring valuable local expertise. Overall, the Plan represents an impressive, well-organized analysis that recognizes the importance of preserving natural areas and green networks.

With the suggested refinements— particularly around scoring optimization, implementation clarity, and balance—it will serve as an even stronger guide for the Advisory Board. , Thank you for considering these comments. We are happy to discuss them further and support efforts to protect Orangetown’s unique environmental and community assets in a fiscally responsible manner.

Sincerely, Michael Andrea Chairman, OEC Sparkill Creek Watershed Alliance SPARKILL CREEK WATERSHED ALLIANCE!

July 9, 2026 John Abbatangelo Chair : Larry Vail Vice Chair Theresa Kenny, Supervisor Jim Elling Secretary Town of Orangetown David Kristiansen Director Via email Nate Mitchell Director LaurieSeaman Director Tom Brizzolara Director Re: Community Protection Plan Draft Comments The Sparkill Creek Watershed Alliance (the Alliance) congratulates the Town for the considerable work done to help preserve open space in Orangetown.

This draft Plan contains considerable insights into open space planning and a flexible mechanism to move forward with carefully considered acquisitions. The Alliance does note that this draft contains some deficiencies particularly in the scoring system. Aprimary concern we have identified is that some of the information may be misleading to its audience. 1.

Though it recognizes the critical importance of greenbelts as reflected in prior studies and planning recommendations, these greenway areas are not well defined especially in the case of the Clausland Greenbelt which is not only in the Sparkill Watershed but is intertwined with the main stem of the Sparkill Creek itself.

To what degree does the Sparkill Watershed lie entirely within this greenway as defined in the draft? Boundaries either exact or approximate should be defined, 2. Regardless of the exact boundaries, the Greenbelt category scoring system does not offer a good prioritization of greenway parcels in the Clausland greenbelt.

An above average rating of the scoring results leading to even a secondary priority, requires a 3 or 4 out of possible 4 rating. This appears to only be possible if the parcel is also a “Connection”. This results in higher scoring of properties outside of the greenbelt than in the central part of the greenbelt (see Fig, 2.4).

In general, it is recommended that examples of scoring for some key parcels be provided to the public for increased transparency. 3. An example of this flawed analysis is the low scoring of a large partially forested parcel (former [BM property 78.13-1-1) in the middle of the Clausland Greenbelt.

In spite of the fact that it connects an open space golf course with other forested lands and contains a tributary of the Sparkill Creek, the scoring system rates it as zero priority. But connecting lands to the west with intensive residential and industrial development receive higher ratings. 4, Both passive and active recreation are legitimate uses for open space properties.

But their land requirements are often at odds. They should be divided into two categories. Existing extent of development should also be a factor. A vacant lot within a residential development may be a good location for a pocket park but its acquisition alone will not enhance a cross- town greenway significantly.

“The Sparkill Creek Watershed Alliance is a community action group committed to promoting environmental awareness, partnerships, and practices that restore and preserve the health of the Sparkiil Creek — from its headwaters on Clausland Mountain to its confluence with the Hudson River at the Piermont Marsh." www.sparkilicreek.org Sparkill Creek Watershed Alliance SPARKILL CREEK WATERSHED ALLIANCE 5.

Though candidates for acquisition are generally only those offered for sale, the status of abandoned lots should be investigated for possible benefit to the Town, 6. Additional consideration should be given for the protection of floodplain areas though not necessarily through acquisition. Specifically, in the Water Resources category, this should include everything from the 10-year floodplain and greater.

SCWA agrees with the plan’s assessment that flood hazard areas are essential to be kept protected against development of any kind such that the risk of loss of life and property be mitigated, 7. The environmental commons are not bound by civic borders. The civic and environmental benefits of open space are influenced across jurisdictions.

Has cooperation been attempted with additional municipalities, such as the Town of Clarkstown, Ramapo, and the Boroughs of Northvale and Rockleigh in Bergen County, New Jersey? For example, NYS environmental and parcel data has been used, but has consideration been given to border parcels along the NY-NJ border? This is of particular importance for the Sparkill Creek Watershed. 8.

Water resource areas are often owned by private water utilities. These parcels are not necessarily protected lands, Lands continuous to these areas may also be beneficial to the unitalities’ interests, What arrangements are possible with private utilities to foster the goals of the Community Protection Plan 9, In Table 3.2, Flood Damage Prevention should be an alternative protection priority for Historic Properties.

10. Improving this Plan will likely be difficult within the available time for adoption so an amendment mechanism should be added. The Alliance recognizes this unique opportunity for adding an open space acquisition initiative to the Town’s tools for environmental protection so we endorse this Plan if it can be improved and used successfully.

The Sparkill Creek Watershed Alliance looks forward to assisting a future Board administering this Plan.

Sincerely, John Abbatangelo Larry Vail Chair Vice Chair “The Sparkill Creek Watershed Alliance is a community action group committed to promoting environmental awareness, partnerships, and practices that restore and preserve the health of the Sparkill Creek — from its headwaters on Clausland Mountain to its confluence with the Hudson River at the Piermont Marsh." www.sparkillcreek.

org Eric Petersen be a a a From: Allison Kardon Sent: Thursday, July 2, 2026 1:22 PM To: Rosanna Sfraga Ce: Eric Petersen Subject: FW: Input for CPF and e-bike hearings Hi Rosanna and Eric, Some comments for two different public hearings coming up--please see below, Take care, Allison Allison Kardon Confidential Assistant to Town Supervisor Orangetown Town Hall 26 Orangeburg Rd.

Orangeburg, NY 10962 Ph: (845) 359-5100 Ext. 2293 akardon@erangetown.com https://www.orangetown.com/ To: Orangetown Supervisor <supervisor@orangetown.com> Ce: Allison Kardon <akardon@orangetown.com> Subject: Input for CPF and e-bike hearings Dear Supervisor Kenny, | won't be able to attend the public hearings on*7/14'(Co like to add my comments if possible.

(d-CPF) or 7/28 (e-bikes), but would Re e-bikes-scooters-etc: There are a couple things | found confusing. Are e-bikes only allowed on roads with bike lanes, or is it just that they must use the bike lanes if available? And if e-bikes are allowed on 30mph-limit roads, why are they limited to 20mph?

Any vehicles going only 20mph on a 30mph road create a hazard, since people will try to pass them, often unsafely {this is from experience living & driving on Western Hwy.) I'd consider additional penalties for reckless or unsafe riding, as well as riding while impaired or Intoxicated. There should be a plan fer educating riders about this law (e.g. signage and/or licensing).

NOTICE OF POSTING:

NOTICE OF

PUBLIC HEARING: CREATING THREE TENTHS OF ONE PERCENT (0.3%) REAL ESTATE TRANSFER TAX ON THE CONVEYANCE OF INTERESTS IN REAL PROPERTY IN THE TOWN OF ORANGETOWN Hie STATE OF NEW YORK } COUNTY OF ROCKLAND — } SS.

TOWN OF ORANGETOWN} Joseph Thomassen being duly sworn upon his oath deposes and says; That, he is, at all times, hereinafter mentioned was, duly elected, Qualified and acting Deputy Town Clerk of the TOWN Of ORANGETOWN, in the County of Rockland, State of New York.

That, on the 12" day, of _June_, 2026 __ he caused to be conspicuously posted and fastened wp a notice, a true copy of which is annexed hereto and made a part of hereof, in the following places, at least one of which is a public place within the TOWN Of ORANGETOWN, New York. 1 Town Hall Bulletin Boards 2. 5.

Josep Thomassen, Deputy Town Clerk Subscribed and sworn to before me Mi ERIC PETERSEN This_12th day of _June, 2026 Notary Public, State of New York No. O04PE6364472 Se Qualified in Rockland County | 9 ga oat Mee Commission Expires September 18, 20,47 TOWN OF ORANGETOWN NOTICE OF

PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to a resolution of the Town Board of the Town of Orangetown, duly adopted at a meeting held on June 9, 2026, a public hearing will be held by the Town Board on July 14, 2026 at 7:15 pm, to consider amending the Town Code by adding Chapter 7D (Community Preservation), Article III, creating three tenths of one percent (0.

3%) real estate transfer tax on the conveyance of interests in real property in the Town of Orangetown. At the time and place of the public hearing specified above, all interested persons will be given the opportunity to be heard. By order of the Town Board of the Town of Orangetown.

Dated: June 12, 2026 Rosanna Sfraga, Town Clerk Robert Magrino, Town Attorney 12412464, 1185208 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown .

being duly swom, deposes and says she is the Principal Clerk of The Journal News, Division of Gannett Newspaper Subsidiary, publishers of following newspaper published in Westchester and Rockland Counties, State of New York, of which annexed is a printed copy, out from said newspaper has been published in said newspaper editions dated: 06/19/2026 Subscribed and sworn to before me this 19 day of June, 2026 Ai, ee .

Notary Public State of Wisconsin, County of Brown VICKY FELTY Notary Public State of Wisconsin G4. 1d 2/3 Town of Orangetown NOTICE OF

PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant te a-resotution of the Towh Board of the Town of Orangetown, duly adopted at a meeting held on dime 9, 2026, a public hearing will be hatd by the Town Board on July 14, 2026 at 7:15 pm, to consider ameand- ing the Town Code by adding Chapter 70 (Community Presar- vation}, Article Iii, creating three tenths of one percent (0.

3%) real astate transfer tax on the conveyance of irterasts in real property in the Town of Orangetown. At the time and place of the public hearing specified abave, all interested persons will be given the opportunity to be heard. By order of the Town Board of the Tawn of Grangetown.

Dated: June 12, 2026 Rosanna Sfraga, Town Clerk Robert Magrino, Town Attammey dune 19 2026 LNYSOS38649 np perdopy QNVYO JO NMOL KOLZ yuelg yo} Aeuonueju! sem aBed Siu ACKNOWLEDGEMENTS This 2026 Coimraunity Preservation Plan was prepared for the Town of Orangetown by the Orangetown Community Preservation Committee (the Committee), cluded.

Town officials and Town residents, representing a cross appointed by the Town Board. The Committee section of the community,.all of whom volunteered their time to serve the community. ‘The Community Preservation Plan itselfis based upon the work of many others who preceded the Committee and who, have worked to- protect Orangetown’s comnunity character.

Preparation of Orangetown’s Coramunity Preservation Plan would not have been possible without the support of individual members of the Committee, assistance from the Park Development Advisory Committee, the Shade Tree Commission, the Environmental Committee and numerous municipal leaders and community members. The Committee : d by Ted Fink of GREENPLAN Inc. and Rick Le GIs.

3arnes of Upstate ADOPTED BY THE ORANGETOWN TOWN BOARD ON JULY 14, 2026 www.orangetown.com TOWN BOARD OF THE TOWN OF ORANGETOWN Supervisor Teresa M.

Kenny Gerald Bottari, Councilman Brian Donohue, Councilman Daniel Sullivan, Councilman Paul:Valentine, Councilman QORANGETOWN CPP mny, ‘Town Supervi ino-Rappaport Gorton, Superintendent of Parke tion & Building Maintenance Attorney, Legal Advisor Allison Kardon, Assistant to Town Supervisor, Clerk Technical Assi Preparation of the Community Preservation Plan Provided by: J: THEODORE FINK, AICP GREENPLAN INC.

RICK LEDERER-BARNES UPSTATE GIS Table of Contents EXECUTIVE SUMMARY PART 1 lL. INTRODUCTION & PURPOSES A. Planning Background B. Orangetown’s Community Character Ce Planning in Orangetown & the Region PART 2 2. PRESERVATION CATEGORIES & PRIORITIES A. Overview B. Methodology for Preservation Categories & Priorities C.

Preservation Categories & Priorities Far: nl and s Biodiversit COMMUNITY PRESERVATION PLAN Foun of Grangetown EXECUTIVE SUMMARY A Community Preservation Fund is an important tool for helping municipalities preserve open space, clean drinking water sources, natural areas, historic places, agricultural lands, and public parks including trails. If adopted by Orangetown, a Community Preservation.

Fund will help ensure that Orangetown is enhanced for future generations by supporting land and water conservation, and improving the health and quality of life for residents A “Community Preservation Plan” is the first step in a State enabled process to establish a Community Preservation Fund.

HOW SPENDING DECISIONS WILL BE MADE This Community Preservation Plan identifies a broad range of parcels that will be eligible for possible investments from Community Preservation Fund revenues, consistent with New York State laws. All Community Preservation Fund spending decisions are made by the Town Board, which will be advised by a new Community Preservation Fund Advisory Board.

It is expected that, in making its decisions, the Town Board will consider the broader priorities of the Town, which can change over time. The principal goal of this Community Preservation Plan is to create a “roadmap” for the Town's future which recognizes that change is inevitable but that a local priority will always be to enhance the quality of life for residents as well as business owners.

The range of eligible parcels for preservation is diverse, from large open spaces with sweeping views to small lots that could someday be converted into “pocket parks” for improving neighborhood quality of life. WHY ESTABLISH A COMMUNITY PRESERVATION FUND? Orangetown needs a Community Preservation Fund because: ' Provides anew source of funding.

Fanding open space preservation without raising property taxes is now possible with special State Legislation that allows Orangetown to create a dedicated and reliable revenue source, paid by home buyers.

* Protects water quality: Protecting lands that provide undeveloped buffers around our sources of water supply, in combination with other water protection tools, help ensure that drinking water 1 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown remains safe and clean.

* Supports community’s character: Residents love the fact that, although Orangetown is just a few miles from New York City, we still have many open space qualities. * Jnereases outdoor recreation: Outdoor activities contribute to mental and physical health, and we want to make sure we have them available now and in the future.

* Protects Orangetown for future generations: Unless we act now, many of our existing scenic and natural areas won't be there for our children and grandchildren to enjoy. + Boosts property values: Research consistently shows that having open space in a community increases property values.

+ Supports balanced land use development: Cost of community services studies conducted in the Hudson Valley and elsewhere have found over and over again that protecting open space in perpetuity leads to savings on school taxes.!

' Helps combat climate change: Orangetown is a Bronze Certified Climate Smart Community and has a history of promoting climate initiatives; a dedicated Community Preservation Fund will help advance important climate goals. + Improves food resiliency: Increasing protection against flood risks will provide important defenses in times of extreme storms.

Conserving lands like floodplains helps prevent the cycle of paying for flood damages from natural disasters. + Unlocks county/state/federal funds: Rockland County, New York State, and federal funds are available to match local sources and this will give us a better chance of accessing funds for land protection projects in the community.

OUTLINE OF THE COMMUNITY PRESERVATION PLAN This Community Preservation Plan is organized into three sections as follows. Part 1 describes Orangetown’s vision for its future protection, enhancement, growth and development by summarizing the Town’s consistent approach to a shared vision for protecting its character.

Part 2 identifies and presents the parcels and priorities that are most important for Orangetown te protect its community character. Part 3 includes a detailed evaluation of all available land use control alternatives to protect Orangetown’s community character. 2 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown ORANGETOWN DEMOGRAPHICS The Plan is designed to serve every resident in our community.

According to U.S. Census data for Orangetown: . Total population. The population of Orangetown, when the 2020 US Census was taken, showed that 48,650 residents called Orangetown home. Since then the Town’s population has increased by about 543 new residents to 49,193 persons, according to the US Census Bureau’s July 1, 2024 population estimates.

While these changes can be considered small, housing demands are expected to cause changes in the future. This includes but is not limited to growth in the senior population and their demand for smaller houses and multi-family dwellings, the growth of households without children, and the growth in single person households, among other factors.

The current and projected trends are for a decline in large-lot homes with new housing demands for attached homes and small-lot homes. Further, the US Census Bureau projects population growth as a whole for the nation to 2040. New York State’s overall population has also been projected to grow between 2020 and 2050.

2 If Orangetown’s population and housing dynamics are in syne with these broader trends, unprotected open space, lands that safeguard sources of drinking water, parks, and forested lands are at risk without effective community planning for both conservation and development. Demographic Variety. Orangetown’s annual household income is $145,007, yet 6.3% of residents live below the poverty line.

In addition, more than one-quarter of Orangetown’s population is non-white (15.5% are Hispanic), 17.1% were born outside the US, and 23.1% speak a language other than English at home. Protections provided by the Community Preservation Fund will deliver benefits — including access to parks and recreation, clean water, and fresh air — to every Orangetown resident including the Town’s villages and hamlets.

Home ownership. About 74% of Orangetown residents own their own homes, and for most that home is likely to be their most important asset. Open space lasts forever and its value compounds over time as land becomes more precious, adding tremendous value to individual properties. Future generations. Today approximately 9,199 children under the age of 18 live in Orangetown, nearly 19% of the town’s residents.

This Plan is designed to enhance their quality of life today while protecting their interests and those of future generations. WHY ORANGETOWN? Why do people choose to live in Orangetown? A review of historical planning documents shows one overriding and consistent theme over time.

For many years, residents have consistently affirmed their desire to protect the diverse natural and historic features of 3 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown. Orangetown that shape the Town's community character.

The Town’s 2003 Comprehensive Plan states that the future vision for Orangetown is: “To provide additional open space and recreational facilities to serve existing and anticipated population needs and balance development and environmental preservation goals...

through acquisition of lands for open space and land planning techniques (including clustering) that limit development on steep slopes and wetlands, and along ridge lines and waterbodies. These areas should be priority locations for open space acquisition.” The 2003 Comprehensive Plan was updated in 2023 through the work of a Comprehensive Plan Committee (CPC).

The 2023 Plan Update states that it was designed to build: “On the policies and action items of the 2003 Comprehensive Plan, as well as subsequent special area plans and technical studies, to establish a guiding framework for future sustainable development, economic growth, and natural resource preservation in the Town.

” The 2023 Plan Update included community outreach consisting of digital broadcasting on the Town’s website and social media, periodic email blasts and postcards sent to residents, engagement at local festivals, and individually by CPC members reaching out to community leaders and community groups. The CPC conducted a public survey in 2021.

The survey received 1,097 responses while a survey of town officials and staff received '70 responses across 19 different boards and departments.

The surveys showed continued support in Orangetown for the following priorities: * Establishing /expanding parks, nature preserves, and recreation areas including trails; « Protecting water resources; * Preserving history; * Establishing greenbelts; ‘ Protecting farms; * Preserving natural beauty; and * Preserving biodiversity 4 7-14-2026 COMMUNITY PRESERVATION PLAN Fown of Orangetown PLANNING METHOD: PRESERVATION CATEGORIES AND CRITERIA This Plan uses a data-driven approach to prioritize the Town’s natural and cultural resources into seven preservation categories: ne Recreation/Open Space Water Resources Historic Properties nS Greenbelts Farmland > gt .

Seenic Areas 7, Biodiversity Within these categories, 42 preservation criteria (i.e. mapping data sets) were identified as described and illustrated in Part 2 beginning on . Preservation scores reflect the sum of all criteria, which were equally weighted.

The resulting model scores parcels in Orangetown for conservation values, as shown in Appendix A, and can be used to identify and screen parcels with high concentrations of natural and cultural resources. Importantly, a parcel with a low overall score may still be considered a priority within a particular preservation category.

5 7-14-2026 COMMUNITY PRESERVATION PLAN Yown of Orangetown SUMMARY OF SCORING RESULTS WIDE ELIGIBILITY A majority (89%) of Orangetown’s parcels have at least one of the conservation values that qualify them as eligible candidates for an investment from the Community Preservation Fund.

This high percentage is by design: eligibility has been established broadly to ensure long-term flexibility when priority properties become eligible for Community Preservation Funds G.e. when willing sellers decide to list their property for sale).

RECREATION AND OPEN SPACE Parcels eligible for use of the Community Preservation Fund have been identified as potential additions to existing parks and preserves, or candidates for new parks, pocket parks, trails or trail connections, expanding community access to the outdoors.

WATER RESOURCES The Community Preservation Fund will provide funding for the acquisition of land and conservation easements that protect sources of drinking water. Most residents in Orangetown obtain their potable water from Veolia Water New York, a private water company.

Veolia provides water to about 334,500 residents in Orange and Rockland counties from 60 individual groundwater wells and from surface water sources including Lake DeForest Reservoir and three Letchworth Reservoirs.

Wellhead protection for groundwater wells and watershed protection of surface waters is a public health issue that can be addressed by ensuring areas of land that contribute to well and reservoir replenishment are protected from contamination.

Acquisition of land and conservation easements is a widely used tool in a multi-barrier approach to drinking water protection, even in water systems with filtration infrastructure in place.® Eligible parcels received positive scores for their proximity to large underground drinking water aquifers as well as surface water reservoirs and proximity to rivers and streams.

HISTORIC PROPERTIES The Plan identifies historic properties that are eligible for Community Preservation Fund investment, including those that are nationally designated, or designated as locally significant by the Town.

Many are located along those portions of Oak Tree Road, Kings Highway, Washington Spring Road, Closter Road, and Rockland Road that are designated by the Town as historic roads or are located within a historic district. (see 2003 Plan page I-14). For generations, community-minded residents have worked with the Town. to preserve historic structures and sites.

The Community Preservation Fund has the potential to augment these efforts by working cooperatively with willing property owners on property purchases and/or the purchase of property interests such as facade easements that would ensure the historic integrity of a parcel.

6 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown GREENBELTS Establishing greenbelts in Orangetown has been a priority for more than two decades. In 2000, the Rockland County Department of Planning prepared an Orangetown Green Belt Proposal.

The Town’s Committee for Open Space endorsed the Proposal in 2003, urging the Town Board to focus its preservation efforts on the Palisades highlands and a wide ribbon along the Hackensack River watershed. The greenbelt proposal was incorporated into the adopted 2003 Comprehensive Plan‘ and parcels eligible for Community Preservation Fund investment that lie with the two greenbelt areas are included.

SCENIC AREAS Orangetown’s shoreline along the Hudson River is one of the Town’s most visible and notable scenic areas but many others can be found, such as the Palisades Interstate Parkway, a designated National Scenic Byway, the Palisades Ridge with its views of the Hudson, the Hackensack River, and the five designated Critical Environmental Areas (CEAs).

Parcels eligible for Community Preservation Fund investment that lie within these scenic areas have been included. AGRICULTURE A glimpse of Orangetown’s agrarian past is captured in the few farms that still dot the landscape. Preservation of agricultural properties is a priority of New York State, Rockland County and the Town of Orangetown.

Orangetown properties eligible for Community Preservation Fund investment include those that still operate as farms, are places where community gardens are existing or could be established as potential community gardens, or are lands that contain important farmland soils, such as irreplaceable Prime Farmland and Statewide Significant soils.

BIODIVERSITY Biodiversity is key to climate resilience, a sustainably healthy environment for plant and animal species, and support for the natural systems that are critical to human survival. In addition, forest health, and the plants and animals that depend on them, are impacted by fragmentation, a result of development. Fragmentation occurs by repeatedly “punching holes” in the midst of a woadland, creating gaps.

The more gaps, the less effective a woodland is in providing these critical natural services. In addition to providing wildlife habitat, healthy forests filter air pollutants, moderate surrounding air temperatures, and play a key role in carbon sequestration and mitigating climate change. All parcels eligible for biodiversity protection have been included.

EXCLUDED PARCELS The parcels that were excluded from eligibility for use of Community Preservation Funds include those falling into the following categories: * Parcels that have already been protected by private organizations or State and local government such as nature preserves, parkland, drinking water resources, existing easements, and so on 7 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown ¢ Public resources devoted to utilities, railroad properties and similar infrastructure * Parcels that did not possess any of the 42 identified preservation criteria/values Photo by: Andrew Goodwillie Grounds of the former Olson Center, South Nyack 8 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown PART 1: INTRODUCTION & PURPOSE Orangetown possesses natural and historic resources of local, state and national importance.

Lenape indigenous people first occupied the area and later, Dutch farmers, attracted to Orangetown’s fertile soils and dense forests. Numerous waves of European settlers calling Orangetown home started in the 17th Century.

Sites and districts on the National and State Register of Historic Places and locally significant historic and pre-historic resources can be found in Orangetown reinforcing the significance of Orangetown’s cultural richness. The presence of State (Blauvelt and Tallman Mountain State Parks), County (Clausland Mountain Park), and numerous Town parks demonstrate the abundant natural resources present.

Development accelerated in the 19th Century as transportation on the Hudson River and by railroads and later roads, like Nyack and Orange turnpikes, connected the Town to communities throughout the Northeastern US.

Since the establishment of Orangetown in 1788, conscientious planning and design of the Town has resulted in the development of about 19,000 housing units® along with business and institutional developments.

Fortunately, many of Orangetown’s most important natural resources including forests, rare habitats and rare ecological communities, sensitive ecological areas, and unique water resources, have remained largely undeveloped. Historic hamlets and other cultural resources are found in many locations. Remaining farms include the Van Houten Farm and Crannég Apiary.

Orangetown has created officially adopted plans and land use controls to protect what’s most important to its residents — the natural fabric of the community. While much has been accomplished to protect these resources, much work remains to be done if Orangetown is to achieve its goals to preserve the community’s character and its important resources.

9 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown As land development to accommodate population changes occurs, open space, natural areas, and other treasured community resources will diminish unless the community plans properly for both conservation and development. This means maintaining the forests, fields, farms and water bodies in a network of green spaces where nature predominates.

If additional land conservation is to become a reality, the costs of doing so must also be financed. A community preservation program’ can only begin after voters approve a referendum that allows for creation of a dedicated fund (i.e. the Community Preservation Fund), financed by real estate transactions, designed to capture a small percentage of the costs of buying land in Orangetown, borne solely by the buyer.

THE COMMUNITY PRESERVATION PROGRAM IS VOLUNTARY AND PROVIDES A WAY FOR WILLING LANDOWNERS TO CONSERVE THEIR PROPERTY The Town’s 2023 Comprehensive Plan states: “With its natural beauty, convenient location, quality schools, cultural resources, and historic hamlets, Orangetown is a wonderful community to live in.

An overarching goal of the Comprehensive Plan is to enhance the quality-of-life features and community resources that draw residents and businesses to the Town.” (see 2023 Plan, ). Key goals relevant to the Community Preservation Plan are as follows: Goal 2: “Preserve history, open space, and hamlet center character.” (see 2023 Plan, ).

Goal 5: “Preserve the Town’s natural resources and increase access to parks and open space...Objective 2 Work with the New York State legislature to establish a preservation fund that can be used to acquire property for open space, recreation, or historie reservation. [sic]”...Objective 3 Establish a long-term open space preservation plan to guide the implementation of the Town’s open space fund.” (see 2023 Plan ).

This Community Preservation Plan builds on the work that residents and Town officials have, over time, carefully crafted as official Town policies within Orangetown’s adopted land use plans. These plans are described and their official Town policies, related to protection of community character and natural resources, are summarized below.

10 7-14-2026 COMMUNITY PRESERVATION PLAN fown of Orangetown This Community Preservation Plan includes a listing of all parcels in the community that possess natural and cultural resources that have been identified in the Town’s plans and studies as worthy of preservation.

State law requires that individual parcels of land and town projects must be identified and considered for preservation in a Community Preservation Plan before they can be considered for preservation using funds from the Community Preservation Fund.

The Town’s priorities for preservation have been identified based upon a consistent approach by the Town in both its past and current planning efforts, as highlighted in this Community Preservation Plan, and these include lands that primarily contain: Recreation/Open Space Drinking Water, Wetlands & Water Resources Historie Properties Greenbelts Farmland Scenic Areas KK KK HK KK Biodiversity Once identified in a Community Preservation Plan, such parcels and areas are eligible for use of Community Preservation Funds for preservation through acquisition of land or interests in land (such as conservation, scenic, or public access easements).

The Community Preservation Plan recognizes that all parcels identified cannot be acquired. This is the case even if every willing landowner wanted to sell their land or the development rights to their land. Other existing alternatives are available to the Town to continue to protect the Town’s community character and these are identified and evaluated in Part 3.

Orangetown’s long history of community comprehensive planning will be described first on the following pages. WE ABUSE LAND BECAUSE WE REGARD [IT AS A COMMODITY BELONGING TO US. WHEN WE SEE LAND AS A COMMUNITY T6 WHICH WE BELONG, WE MAY BEGIN TO USE TT WITH LOVE AND RESPECT. ALDO LEOPOLD uw 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown A.

PLANNING BACKGROUND With the passage of the Hudson Valley Community Preservation Act in 2007, New York State provided a new planning tool for local municipalities in Westchester, Putnam, and Ulster? counties.

Special State legislation has also been enacted for specific Hudson Valley towns, outside of the three Hudson Valley counties, like Orangetown and elsewhere to carry out protection and preservation of a community’s character. Towns authorized to do so may now establish a Community Preservation Fund after preparing a Community Preservation Plan (see 2023 Plan Goal 5 identified below).

The Community Preservation Fund is a dedicated revenue source that can only be used to protect community character,’ as it has been defined in the State legislation. Community character includes resources such as open space areas, lands of exceptional scenic value, parks, nature preserves or recreational areas, historic places and properties, wildlife habitats, farms and other important community resources.

It is an entirely voluntary program that rewards willing landowners, who wish to conserve their private lands or historic resources for the public interest. Rather than burden existing landowners with a new tax, the Community Preservation Fund is obtained from revenues generated when a transfer of land ownership occurs.

When land or property passes from one owner to another, a “transfer tax” is collected from the buyer.

The revenues from that transfer must be deposited into a dedicated Town of Orangetown 12 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown Community Preservation Fund that then provides a mechanism for the community to protect it’s valuable natural, historic, and cultural resources without conflicting with population growth and new real estate development.

When new residents move to Orangetown because of its beauty, abundant natural resources, and greenspaces, the Community Preservation Plan and Fund provide a sound investment in protecting the features that may have attracted them in the first place.

Orangetown’s Community Preservation Plan respects and builds upon the goals and policies made in the Town’s official plans and planning studies, such as the 2003 and 2023 comprehensive plans.

The Town has also adopted rules for protecting Orangetown’s environmentally sensitive resources through its land use controls including but not limited to Historic Resources (Chapters 12, 18A and 19), Flooding (Chapter 14B), Stormwater Management (Chapter 30C), Subdivision of Land (Chapter 21), Site Development Plans (Chapter 21A), and Zoning (Chapter 43).

Part 3 of this Community Preservation Plan discusses and evaluates each of the Town’s land use controls. Through plans, planning studies and Town land use controls, Orangetown’s residents and Town officials have continuously sought effective ways to protect its most important natural and cultural resources.

In nearly all cases, each of the above documents spell out how important it is for Orangetown to protect its natural and cultural resources and, in the process, to preserve its community character. Each plan, planning study, and land use control alse defines the purposes and intent of such techniques and the most appropriate methods for the Town to accomplish its goals.

The Community Preservation Plan provides a primary means to protect the lands and resources that have been identified as most important to residents of the Town. The Community Preservation Plan has identified areas in the community (referred to as preservation categories) that were identified in prior plans and planning documents as well as new areas identified through this Community Preservation Plan.

State law requires that individual parcels of land identified as a preservation priority must be included in the Community Preservation Plan in order to be considered for preservation through use of the Community Preservation Fund.

Many lands in Orangetown contain one or more important conservation values include one or of the following resources: (1) Recreation/Open Space; (2) Drinking Water, Wetlands & Water Resources; (3) Historic Properties; (4) Greenbelts; (5) Farmland; (6) Scenic Areas; and (7) Biodiversity, all of which have been recognized in the Town’s officially adopted plans as important open space resources to be preserved.

The parcels identified in this Community Preservation Plan contain one or more of the above resources of conservation value, but not all are worthy of preservation just because the parcel contains a portion of a wetland or a stream on a fully developed single family home site.

In addition, all identified parcels cannot be preserved because the revenues that are deposited into the Community Preservation Fund, if established, will be limited. This is true even if every willing landowner wanted to sell their land or the development rights to their land.

In this case, existing land use protection alternatives such as the Town Zoning 13 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown Law are also explored in this Community Preservation Plan for their role in protecting natural resources.

The Plan recognizes that sufficient funds must be available in the Community Preservation Fund for the Town to work with willing property owners; if they are not available, then the Town must continue to work, as it does at present, with its other tools to protect Orangetown’s community character.

The benefits to Orangetown of adopting and implementing a Community Preservation Plan are numerous and have been studied for decades. According to The Trust for Public Land (TPL),® land conservation is a wise use of.the public dollar and should be viewed as an investment rather than a cost. The reasons for this are outlined below:

BENEFITS OF CONSERVATION ACCORDING TO THE TRUST FOR PUBLIC LAND: + More than 20 studies have demonstrated a habitats, and orderly and fiscally sound land positive effect on nearby residential and development. commercial property values as a result of their proximity to parks and preserved open. lands.

* Conserving lands like floodplains prevent the cycle of paying for flood damages from natural disasters, that are becoming more + Parks and open spaces inacommunity frequent due to changes in the climate. boost local economies by attracting businesses and residents in search of locations with a high quality of life, like multiple free life-support services, many of which have an economic value.

These include but are not limited to providing * Ecosystems in their natural state perform retirees, who place a lesser burden on local services. drinkable water, breathable air, and a stable * Protected areas support leisure time and climate, recycling waste, pollinating food recreational activities such as biking, crops, and providing physical buffers wildlife viewing, and hiking that pump against storms.

dollars into local economies. ; * Parks, greenways, trails, and open spaces * Protecting farmland provides benefits like promote exercise, active living, and support local food security and employment walking, biking, jogging, and other active opportunities, rural and environmental sports that keep people healthy, thereby amenities like viewsheds and wildlife reducing annual health care needs.

14 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown There have also been important federal, academic, and private organization studies based on federal data collection activities, that support land conservation efforts like this Community Preservation Plan. Some of these studies and their findings include the following: + The Costs of Sprawl,!

a landmark 1974 publication of the US Environmental Protection Agency, US Department of Housing and Urban Development, and federal Council on Environmental Quality" found that “sprawl ts the most expensive form of residential development in terms of economic costs, environmental costs, natural resource consumption, and many types of personal costs.

” We have known this about sprawl since at least 1974, and numerous studies since that time have concurred and have come to the same conclusion. Properly planned development and conservation go hand in hand and save municipalities and landowners money while providing significant environmental advantages over unplanned development.

+ According to the National Trust for Historic Preservation: “The reuse of existing buildings results in fewer environmental impacts over their life spans compared to demolition and new construction. Conserving buildings prevents demolition waste from entering landfills and reduces sprawl by encouraging the revitalization of our existing communities.

Further, historic buildings are often more energy efficient than more contemporary buildings due to careful siting choices and the use of passive heating and cooling systems." The planning profession and building industry both refer to this as adaptive reuse.

Orangetown encourages both the reuse and conservation of its historic resources through enactment of numerous Town Code chapters devoted to historic preservation and land development as discussed in Part 3.

+ According to a study of the economic impact of historic preservation on the local economy, commissioned by the Advisory Council on Historic Preservation (an independent federal agency), the study found historic preservation to be positive in a multitude of ways: “The good news ts historic preservation is good for the economy.

In the last fifteen years, dozens of studies have been conducted throughout the United States, by different analysts, using different methodologies. But the results of those studies are remarkably consistent — historic preservation is good for the local economy.

From this large and growing body of research, the positive impact of historic preservation on the economy has been documented in six broad areas: Ll) jobs, 2) property values, 3) heritage tourism, 4) environmental impact, 5) soctal impact; and 6) downtown revitalization.

” * The Outdoor Industry Association commissioned a 2017 stady entitled The Outdoor Recreation Economy, based upon data from the US Bureau of Economic Analysis. An important finding of this study is that: “Outdoor recreation is among our nation’s largest economic sectors, representing the lifeblood of thousands of American communities and providing livelihoods for millions of American workers...

The 1S 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown outdoor recreation economy generates: $887 billion in consumer spending annually, 26 million American jobs, $65.8 billion in federal tax revenue, and $59.2 billion in state and local tax revenue... Time and time again, when leaders invest in outdoor recreation the result is healthier communities and healthier economies.

” This Community Preservation Plan builds upon decades of planning by Orangetown. The Community Preservation Plan integrates the Town’s plans and planning studies and seeks to fulfill established Town policies for protection of the environment, which can be summarized as follows: .

Establishing priorities for protection of open space, natural and cultural resources and the voluntary acquisition of open space parcels or interests in parcels with resources important to the community. Addressing adaptation to and mitigation of the effects of climate change on the community. This includes designation as a Bronze Certified Climate Smart Community.

Evaluating all land use controls and other alternatives available to the Town to protect community character, Establishing specific preservation priorities for use of the Community Preservation Fund once established. The Community Preservation Plan must be prepared in accordance with New York State laws established for the above purposes, among other purposes discussed below.

The special State Legislation for Orangetown outlines the following steps that must be taken before the Town can create a Community Preservation Fund: L 2. 5. The Town Board is required to prepare and adopt a Community Preservation Plan after holding a public hearing.

The Community Preservation Plan must list every project that the Town plans to undertake, include every parcel that is necessary to be acquired in the Town to protect natural and cultural resources and to preserve the Town’s community character, and must establish priorities for their preservation.

The Community Preservation Plan must evaluate all other available land use controls the Town can use to protect natural and cultural resources. The Community Preservation Plan must be completed and adopted at least ninety (90) days before a mandatory referendum is held and must be available for public review beforehand.

The adopted Community Preservation Plan becomes the basis for creation of a Community Preservation Fund which is also adopted by local law and is subject to a voter referendum. The State Environmental Quality Review Act (SEQR) must be complied with prior to any actions related to the Community Preservation Plan or Fund by the Town Board. 16 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown 6.

If approved in the referendum, the Community Preservation Fund allows expenditure of moneys deposited into the Fund, which can then be used to acquire parcels or conservation easements on parcels and for related purposes. 7. Monies deposited in the Fund must not be transferred to any other account.

Monies in the fund may be used to repay any indebtedness or obligations incurred pursuant to the local finance law, consistent with the purposes of the Fund and with effectuating the purposes of New York State Town Law.

8, The Town Board must create a Community Preservation Fund Advisory Board, that consists of five or seven legal residents of the Town who serve without compensation; no member of the Town Board may serve on the Advisory Board.

The Act requires that “A majority of the members of the Board shall have demonstrated experience with conservation or land preservation activities” and a “reasonable effort to appoint at least one member who is an active farmer must be made as well as a member of the County Agricultural and Farmland Protection Board. 9.

Funds deposited into the Community Preservation Fund may only be spent on projects that are included in the Community Preservation Plan. Each project in the Community Preservation Plan must first be recommended by the Advisory Board, and a public hearing must be held by the Town Board before any lands or interests in lands are acquired, 10.

The Plan must be updated not less than once every five years and the Plan and updates must be filed with the state Commissioner of Environmental Conservation, the Commissioner of Agriculture and Markets and the Commissioner of the Office of Parks, Recreation and Historic Preservation. This Community Preservation Plan begins the above process.

Part 2 below presents the methodology used in developing the Plan and summarizes the Preservation Category areas where priority projects and parcels have been identified for use of Community Preservation Funds.

Part 3 identifies and evaluates the Town’s land use controls, like Zoning, that are already available to use “in order to protect community character” in the event they would be: “the best alternative for the protection of community character.

” The remainder of Part 1 will discuss Orangetown’s on-going community planning, which has resulted in adoption of official Town policies for protecting and preserving community character in its Comprehensive Plan. B.

ORANGETOWN’S COMMUNITY CHARACTER The terms “community character” are used throughout this Community Preservation Plan because Orangetown’s Community Preservation Fund enabling legislation focuses on “preservation” of community character. But what does community character mean?

Typically, a municipal comprehensive plan defines itself by describing what is unique about 17 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown the community. Cities like Yonkers or White Plains can be expected to define their “character” differently from the way suburban Orangetown defines its character. Community character can be thought of as a unique combination of traits or characteristics and values.

It is applied to the existing natural environment of a community like forests, meadows, water resources, open spaces, wildlife habitats, and geography. It is applied to the existing cultural environment like scenic areas, to the built environment like buildings and districts including historic areas, as well as to land uses and settlement patterns.

Community character is also defined by its setting in general, like a rural community character as opposed to an urban or suburban community character.

When Orangetown adopted its current 2023 Comprehensive Plan, it essentially defined its community character as follows: “With its natural beauty, convenient location, quality schools, cultural resources, and historic hamlets, Orangetown is a wonderful community to live in.

An overarching goal of the Comprehensive Plan is to enhance the quality-of-life features and community resources that draw residents and businesses to the Town.” Open space, natural beauty, and an attractive and unique living environment are what make Orangetown...

Orangetown and the Town Comprehensive Plan, as a whole, is a description of the Town’s community character and residents’ vision for it remaining so into the future.

Orangetown’s Community Preservation Fund State enabling legislation defined community character by establishing a set of natural and cultural resource traits that, if identified in a community preservation plan, will allow for the establishment of a community COMMUNITY CHARACTER ~— ESSENTIAL TRAITS 1, Preservation of open space; 9, Preservation of rivers and river areas in a natural, 2.

Establishment of parks, nature preserves, or free-flowing condition; recreation areas; 10, Preservation of forested land; 8. Preservation of predominantly viable agricultural UL. Preservation of public access to lands for public use land; including stream rights and waterways; 4 Preservation of fresh and saltwater marshes or other 12.

Preservation of historic places and properties listed wetlands; on the New York state register of historic places and/ 5. Preservation of aquifer recharge areas; or protected under a municipal historic preservation. ordinance or law; 6. Preservation of undeveloped beachlands or shoreline; 18. Undertaking any of the paragraphs of this subdivision 7.

Establishment of wildlife refuges for the purpose of in furtherance of the establishment of a greenbelt; maintaining native animal species diversity, including . . the protection of habitat essential to the recovery of 4 Preservation of lands of exceptional scenic value. rare, threatened or endangered species; 8 Preservation of unique or threatened ecological areas; preservation fund.

There are 14 essential traits, from the Community Preservation Fund enabling legislation, that are allowed to be included in this Community Preservation Plan as follows: 18 7-14-2026 COMMUNITY PRESERVATION PLAN own of Grangetown Orangetown possesses all of the above listed traits that meet the State’s requirements for preparation of a community preservation plan.

These include most if not all of the resources identified within Orangetown’s planning and Zoning documents. The next section of this Plan will outline how Orangetown has identified and prioritized protection of these resources and traits. The following summarizes Town planning initiatives and how they provide the basis for this Community Preservation Plan. Cc.

PLANNING IN ORANGETOWN AND THE REGION Orangetown’s officially adopted plans, planning studies, and planning reports have informed this Community Preservation Plan. The most relevant documents will be described below.

From a review of the current and prior planning documents, it is evident that Orangetown’s residents and public officials have consistently supported preservation of the community’s unique natural and cultural resources through land use planning, open space conservation, and active civic engagement.

Adoption of a Comprehensive Plan in 2008 set the stage for additional plans, planning programs, and planning-related studies prepared by the Town or others. The plans, planning programs and planning studies undertaken by or in Orangetown over the past few decades indicates that residents clearly want to protect the fragile natural resources of the community.

Plans that were adopted and/or authorized by the Town have been summarized in this Community Preservation Plan, depending upon availability.

These documents build upon the official policies of the Town and provide a basis for implementing the consistent vision of residents to protect the community through preservation of those natural and cultural resources, and the values that residents place on their preservation, that each give Orangetown its unique character.

In addition to the official Town policies and planning reports, there have also been relevant efforts made by others to identify and recommend protection of natural and cultural resources, including open space, in Orangetown.

The following list identifies the plans, planning studies and reports that were consulted: % Draft Town of Orangetown Drinking Water Source Protection Program (DWSP2) Plan (2026) Sparkill Creek Watershed Characterization Report (2024) Orangetown Comprehensive Plan (2023) Town of Orangetown Comprehensive Plan Community Outreach Findings and Survey Results (202D Town of Orangetown Comprehensive Plan: Town Officials Survey Analysis (2021) Rockland County Open Space Acquisition Program (2020) Orangetown Bike Study (2018) 3% New York State Open Space Conservation Plan (2016) KKK KK 19 7-14-2926 COMMUNITY PRESERVATION PLAN Town of Orangetown % Rockland Tomorrow — Rockland County Comprehensive Plan (2011) % Town of Orangetown Comprehensive Plan (2003) % Town of Orangetown Committee for Open Space (2003) 2% Route 303 Sustainable Development Study (2002) * Orangetown Park Development Advisory Committee Town of Orangetown Open Space Report (2000) * Orangetown Greenbelt.

Proposal by Rockland County Department of Planning (2000) * Town of Orangetown Open Space Acquisition Guidelines (1999) %€ County of Rockland Open Space Guidelines (1999) In addition to the local studies, the State of New York prepared an Open Space Conservation Plan in 1992 that is updated regularly.

The most recent 2016 Open Space Conservation Plan (the State Plan) is currently undergoing an update and is expected to be finalized in 2026 or 2027. The State Plan highlights “Regional Priority Conservation Projects” that apply to Orangetown.

Projects in the State Plan are described as representing: “The unique and irreplaceable open space resources of New York that encompass exceptional ecological, wildlife, recreational, scenic, and historical values.” The State Plan describes the Hudson Valley as follows: “This region...is rich in wildlife habitat with 22 significant habitat types that support species of greatest conservation need...

It ts also a remarkable historic landscape, which has evolved from the importance of the Hudson River as a natural corridor into New York's interior. Some of the most spectacular scenery of the Hudson River is found at the bend through the mountains of the Hudson Highlands—-scenery which has given the Hudson the nickname ‘the Rhine of North America.

’ Lower Revolutionary War sites, enormous river estates with castle-like mansions and the remnants of many former industries are testimony to the rich human history of the area.” The State’s Open Space Conservation Plan is discussed further below. The analysis will begin with Orangetown’s most recent planning initiative, the 2023 Comprehensive Plan, which was adopted by the Town Board on October 10, 2023.

TOWN OF ORANGETOWN COMPREHENSIVE PLAN — 2023 Orangetown’s 2023 Comprehensive Plan is the statement of official town policies. [see NY State Town Law Section 272-a.1.(a) and 272-a.2.(a)]. The 2023 Plan is framed as an update to the previous 2003 Comprehensive Plan.

The 2023 Plan states: “This new plan builds on 20 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown the policies and action items of the 2003 Comprehensive Plan, as well as subsequent special area plans and technical studies, to Orangelown Comprehensive Plan establish a guiding framework for future sustainable development, economic growth, and natural resource preservation in the Town.

” The adopted policies of the 2003 Plan addressed protection of the environment and appear as relevant today as they were more than 20 years ago. As discussed below in the summary of earlier town comprehensive plans, the 2023 Comprehensive Plan can be considered a reinforcement of and commitment to protect open space, natural resources and the community character of Orangetown established long ago.

WHAT |S A COMPREHENSIVE PLAN? NYS Town Law states: “Among the most irnportant powers and duties granted by the legislature to a town government is the authority and responsibility to undertake town comprehensive planning and to regulate land use for the purpose of protecting the public health, safety and general welfare of its citizens.

” (NYS Town Law § 272-a) Comprehensive plans are documents that analyze and establish official policies for community land use planning issues, including protection of the environment and protection of community character.

Comprehensive plans desoribe the local natural environment, expressed community values, existing land use and related matters such as vacant lands, aesthetics, historic resources, infrastructure, and the regional setting including transportation, population, housing, and socio-economic issues.

NYS Town Law defines a “town comprehensive plan” as: “the materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other deseriptive material that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the town located outside the limits of any incorporated village or city.

” For the Town’s adopted 2023 Comprehensive Plan (2023 Plan), the Metropolitan Urban Design Workshop and AKRF Inc.

facilitated public engagement on land use, transportation, housing, parks, sustainability and other issues in 2021 through public workshops, a community survey, a place-based mapping tool, and a vision wall to identify what is most important to residents, Town officials, and business owners for Orangetown’s future.

Participants input was recorded and a final Report was prepared entitled: Community Outreach Findings and Survey Results, available on the Town’s website. The Report had this to say about “Why do you choose to live or own a business in the Town of Orangetown?

”: The three most important factors contributing to survey respondents’ choice to live or own a business in Orangetown are: () Community Character (81 percent), (2) School District (75 percent) or Good Place to Raise Children (76 percent), and (3) A sense of Community in the Town (73 percent).

21 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown On the question of how important specific factors were to respondents in terms of future development in Orangetown, the Report states: Survey respondents indicated that the top three factors for consideration in future development in the Town are: (I) Neighborhood Preservation and Quality of Schools (both at 64 percent), (2) Access to parks and open spaces (58 percent), and (3) Prioritizing open space acquisition (45 percent).

For alternative modes of transportation, the Report states: 5? percent of the survey respondents indicated increasing alternative transportation modes as “important” (while 18% indicated that this issue was “Not Important”)...[and]..approximately 60 percent of the survey respondents support dedicated bike lanes throughout Orangetown.

For Community Services, the Report states that 58 % indicated increasing open space preservation is needed, which was second to increasing the notifications from the Town about proposed developments and proposed local laws.

The 2023 Comprehensive Plan’s Community Survey findings also showed that resident priorities for preservation of community character that were rated as Very lmportant or Somewhat Important are: Community character (98%), Natural Beauty (98%), and Open Space and Parks (97%). The 2023 Plan was clear that its highest priority was to reinforce the 2008 Plan’s recommendations.

The 2003 Plan recommendations are further discussed below. The 2023 Plan states in its Introduction that: :

2023 PLAN PRIORITIES: “This new plan builds on the policies and action items of the 2003 Comprehensive Plan, as well as subsequent special area plans and technical studies, to establish a guiding framework for future sustainable development, economic growth, and natural resource preservation in the Town.” Specific goals and objectives, that are relevant to this Community Preservation Plan, taken from the 2023 Plan, are as follows: 22 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown GOAL I: GOAL 2: GOAL 3:

GOAL & GGAL 8: GOAL 6: MAINTAIN THE TOWN’S COMMUNITY AND NEIGHBORHOOD CHARACTER WHILE BALANCING THE NEED FOR GROWTH AND DEVELOPMENT. PRESERVE HISTORY, OPEN SPACE, AND HAMLET CENTER CHARACTER. STRENGTHEN THE TOWN’S TRANSPORTATION NETWORK FOR VEHICLES, PEDESTRIANS, AND ALTERNATIVE MODES OF MOBILITY.

Objective 1 Design and implement context-sensitive dedicated bicycle lanes (on- and off-road) to improve bicycle access and safety. PROMOTE SUSTAINABLE DEVELOPMENT AND PLAN FOR CLIMATE RESILIENCY. Objective 9 Revisit goals of the 2002 Route 303 Sustainable Development Study.

Objective 10 Continue to apply for grants, such as the New York State Climate Smart Communities Grant, to implement sustainability objectives and prepare a Climate Action Plan. PRESERVE THE TOWN’S NATURAL RESQURCES AND INCREASE ACCESS TO PARKS AND OPEN SPACE.

Objective 2 Work with the New York State legislature to establish a preservation fund that can be used to acquire property for open space, recreation, or historic reservation. Objective 3 Establish a long-term open space preservation plan to guide the implementation of the Town’s open space fund. Objective 4 Encourage conservation of waterfront areas, lakes, wetlands, steep slopes and other natural assets.

Objective 5 Implement the plans for a waterfront park on Lake Tappan within the 216-acres of Town-owned land at the Rockland Psychiatric Center, including walking trails, wheelchair accessible trails, and access to water for passive recreation activities. Objective 6 Encourage conversion of inactive rail lines into rail trail facilities to develop a network connecting with trails in adjacent municipalities.

PROVIDE A HEALTHY ECONOMIC ENVIRONMENT POR COMMUNITY- BASED BUSINESSES THAT MAINTAIN THE TOWN’S TAX BASE AND PROVIDE JOBS AND SERVICES T0 THE TOWN’S RESIDENTS. Objective 2 Attract small businesses that add to the vitality of hamlet centers by providing cultural, recreational, and entertainment amenities desired by the community.

23 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown The Current and Future Land Use, Zoning, and Design chapter of the 2023 Plan reinforces the above policies with recommendations for a future land use vision for Orangetown developed from the public engagement process described above.

The following are the Open Space and Recreation recommendations related to this Community Preservation Plan: GOAE: PRESERVE THE TOWN’S NATURAL RESOURCES, INCREASE ACCESS TQ PARKS AND OPEN SPACE, AND ENHANCE THEIR ECOLOGICAL ROLE. Strategy Actions Recycle underutilized areas and obsolete infrastructure for recreational use. 1.

Encouraging conversion of inactive rail lines into rail trail facilities that create a continuous network of trails with adjacent municipalities. 2. Implementing the plans for a waterfront park on Lake Tappan. within the 216-acres of Town-owned land at the Rockland Psychiatric Center, including walking paths, wheelchair accessible trails, and access to water for passive recreation activities.

GOAL: PROVIDE GREATER CONTINUITY BETWEEN ORANGETOWN’S LOCAL PARKS AND OPEN SPACES, THE REGIONAL OPEN SPACE CORRIDOR, AND WATERFRONT AREAS. Strategy Although several parks and open spaces are connected in the north-south direction and along the Town's “green” and “blue”!

5 corridors, access to and connectivity in the east-west orientation between these corridors, waterfront amenities, and most residential areas are limited. As such, the Town should consider improving pedestrian and bike connectivity between the ‘blue’ and ‘green’ networks.

GOAL: DEVELOP AN OPEN SPACE PLAN T0 CONTINUE EXPANDING THE TOWN’S AREA UNDER PARKS AND OPEN SPACE USE, Strategy Actions The 2003 Orangetown Comprehensive Plan, informed by the Ad Hoc Open Space Committee’s proposals, recommended the acquisition of two open space areas including the: (1) Hackensack River ‘blue’ corridor, including open areas within the Rockland Psychiatric Center (RPC) site, and (2) The Palisades Ridge ‘green’ corridor where it intersects with the Sparkill Creek watershed and open areas in the southeast portion of Town.

1. The Open Space Plan could serve to bolster access and connectivity between Town’s ‘green’ and ‘blue’ corridors, which. are key environmental and recreational assets, to create a more integrated network of parks and open spaces. 24 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown GOAL: 2.

Working with State legislature, County representatives, the Palisades Interstate Park Commission, and public-private partnerships to protect and enhance this valuable network of parks and open spaces.

8, Establish community farm beds, gardens, and nature centers, and establish volunteer corps for park restoration efforts IMPROVE WATER QUALITY BY ADDRESSING ROOT CAUSES OF CONTAMINATION, PROTECTING WETLANDS AND WATERSHEDS, AND AIDING THEIR ECOLOGICAL ROLE. Strategies Environmental protection efforts should be coordinated with the Sparkill Creek Watershed Alliance.

Introduce protective measures such as measuring and limiting ronoff, and defining land uses surrounding Lake Tappan, a drinking water reservoir which lacks watershed and runoff area protections. Develop a Townwide Natural Resources Inventory.

The 2023 Plan addresses priorities for the Farmland preservation category and recommends the following: * Update the Route 303 Overlay District to encourage new uses in the Overlay District, including “clean and green” uses such as indoor greenhouses and vertical farms. Establish community farm beds, gardens, and nature centers, and establish volunteer corps for park restoration efforts.

Utilize placemaking strategies such as...farmers markets...to draw residents and visitors to the community, patrons to local businesses, and to activate the public realm. In 2022, Orangetown’s Parks Advisory Committee submitted its recommendations for the Town Comprehensive Plan, which was under preparation at that time.

While it does not appear as if the recommendations made their way to the adopted 2023 Comprehensive ‘Plan, it involved acquiring easements for a walking path along two streams and the need for scenic resource protection.

The comments are as follows: + Acquire conservation/public use easements along the Nauraushaun and Brookside Creek in the hamlet of South Nyack for a walking path along the creeks + The entire visual experience of our community has an innate value and should be protected 25 7-14-2026 COMMUNITY PRESERVATION PLAN own of Orangetown ORANGETOWN BIKE STUDY - 2018 In the fall of 2017, the = Town of Orangetown i : retained Parks & Trails 4 BET New York, a non-profit chee Wea organization that has aula assisted communities tee tal around New York State in ‘ developing trails and B ccna Z planning bike and ia pedestrian networks, to sonaunary conduct the Orangetown «Fr etsstmnnnens Bike Study.

The Bike ences Study reviewed existing a conditions by visiting and. surveying local roads and June 2018 Orangetown Bike Study Proposals conducting a public outreach campaign that involved local cyclists and the wider Orangetown community about what they desired ina eycling network. According to the Bike Study, “The response was overwhelming, and several themes emerged.

One was the need for safe on-road facilities that complement and connect to the local trail system. Another was making connections between neighborhoods and important community destinations such as parks, schools, and business districts. Survey respondents and others were also concerned about read behavior, both on the part of local motorists and groups of eyclists who travel through town.

” The recommendations in the Bike Study focused on a proposed network of cycling facilities along routes that provide access to Orangetown’s various destinations, with an emphasis on connecting residents with priority destinations. This includes concept-level planning for new multi-use trails, protected and unprotected bike lanes and shared use lanes.

Specific recommendations in the Bike Study that are relevant to this Community Preservation Plan are as follows: + Establish a two-way protected bikeway along Veteran’s Memorial Drive/West Orangeburg Road * Consider separated bike paths along West Washington/South Main/East Central (New Jersey border to Main Street); Blauvelt Road (Sickletown to Middletown); Orangeburg Road @ Palisades Interstate Parkway; Old Middletown Road (Middletown to Gilbert); and Townline Road between Ehrhardt and Sickletown roads * Establish side paths (separated) along Gilbert Avenue and Orangeburg Road + Establish a two-way protected bikeway along Greenbush Road 26 7-14-2026 COMMUNITY PRESERVATION PLAN own of Orangetown ORANGETOWN COMPREHENSIVE PLAN - 2003 Orangetown’s residents and officials expressed a priority, in the 2003 Comprehensive Plan, for the future of the community’s character in the following sentence appearing on page H-1: “To provide additional open space and recreation facilities to serve existing and anticipated population needs and balance development _ and environmental preservation goals...

” The above is a simple yet elegant statement because it says much about the future of Orangetown and what its residents want for their community. The 2003 Plan takes that vision and translates it into mumerous workable and achievable policies and goals to preserve the natural and cultural environment and to work together as a community to achieve the Town’s priorities. Town.

of Orangetort COMPREHENSIVE F The 2023 Town Plan is the most current version of Orangetown’s Comprehensive Plan and it presents the Town's current officially adopted policies and recommendations for the “protection, enhancement, growth and development” of the Town [see Town Law Section 272-a.1(a)].

However, the document states clearly that it builds upon the vision and goals established in the 2003 Plan and indicates that areas recommended for preservation in the 2003 Comprehensive Plan should be preserved/ protected. As such, it is important to also review the numerous recommendations made in the 2603 Plan relevant to this Community Preservation Plan.

For instance, the 2023 Comprehensive Plan’s Community Survey findings showed that resident priorities rated as Very Important or Somewhat Important are: Community character (98%), Natural Beauty (98%), and Open Space and Parks (97%). The 2003 Plan recommendations are summarized for each of the seven priorities identified in this Community Preservation Plan below:

RECREATION AND GPEN SPACE GOALS: + Strengthen the Lake Tappan-Hackensack riverway and Clausland Mountain corridor, as priority locations, through acquisition of open space * Pursue tourism by building on natural resources * Preserve open space in the Route 303 Sustainable Development Corridor + Aquire sites for active recreation at Rockland Psychiatric Center site * Upgrade existing park facilities for future population needs + Expand walking and biking trails in Orangetown, connecting existing open space, hamlets and villages 27 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown * Seek to have designated trails provided, such as the Rail-Trail » Expand the Rail-Trail, preserve the Long Path and provide an open space corridor the length of the Long Path + Link the Rail-Trail with the State, County, and Town park corridor in the eastern edge of the town Preserve the Long Path and provide an open space corridor the length of the Long Path : Preserve the Long Path and provide an open space corridor the length of the Long Path + Expand and connect walking and bicycling trails between the hamlets and villages * Provide for pedestrian and bicycle paths along the streambank of the Sparkill Creek + Inthe Rockland Psychiatric Center (RPC) create a park immediately north of Veterans Memorial Highway...

and between the Gaelic Fields and Lake Tappan

WATER RESOURCES GOALS: + Improve access to Lake Tappan and the Hudson River for boating and other related opportunities + Work with the villages to provide access to the Hudson + Recognize the Sparkill and incorporate it into the town’s open space network « Protect the Sparkill Creek in Orangeburg + Acquire conservation/public use easements along the Nauraushaun and Brookside Creek in the hamlet of South Nyack for a walking path along the creeks

HISTORIC PROPERTIES GOALS: « Pursue on tourism by buildings upon historic character of the town * Preserve roads of historic significance + Continue to preserve historic buildings and historic districts throughout the town « Enhance hamlets quality of life by preserving open space in built-up hamlets GREENBELT GOALS: * Provide a north-south open space corridor providing a continuous linkage along the eastern edge of Orangetown FARMLAND GOALS: * Protect and encourage farming

SCENIC AREA GOALS: * Preserve steep slopes along ridgelines BIODIVERSITY GOALS: + Enhance natural habitat for flora and fauna along the Sparkill Creek 28 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown It is clear from a reading of the above goals that Orangetown is committed to achieving preservation of the natural and cultural resources that give the Town its unique community character.

They provide a firm foundation on which to base the recommendations for creation of a Community Preservation Fund to: “Implement a plan for the preservation of community character” in accordance with subsection 3(a) of the enabling State legislation [see New York State Town Law Section 64-L*2].

COMMITTEE FOR OPEN SPACE - 2003 In 2003, Orangetown’s official Committee for Open Space developed a number of specific recommendations that involve preservation objectives for mumerous properties identified as priorities. A letter from the Committee to the Town Board is dated March 10, 2008 and included 10 signatories.

Their recommendations included the following: + Preserve the Collins property + Acquire conservation easements ve along the Long Path (for a 100 foot A buffer), the Kaufman Camp Grounds, Masonic Camp Ground and Masonic Home, Muddy Creek and Pascack Brook areas : .

— + Acquire conservation easements to HE Prone rote ese ng To protect watershed lands of United Water, Spring Valley Water Company (including a 7 acre property for the water tower on Clausland Mountain), and Corsica 26 July 2000 Rockland County Department of Realty Planning Green Belt Proposal + Create greenbelts along the Palisades highlands and a wide ribbon along the Hackensack River + Acquire properties focusing on water quality protection, scenic or natural features, connections to open space or water, recreation opportunities, coordination with future development proposals « Acquire conservation easements along the Clausland Mountain Corridor, Lake Tappan Corridor and Hackensack River Corridor * Preserve the former Zimmerman property 29 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown ROUTE 303 SUSTAINABLE DEVELOPMENT STUDY - 2002 Orangetown’s Route 303 Sustainable Development Study (2002 Study) was prepared following a grant from the New York Metropolitan Transportation Council’s “Unified Planning Work Program” and the New York State Department of Transportation with sponsorship by the Rockland County Department of Planning and Town of Orangetown.

The 2002 Study was framed as a study of “The character of the area surrounding the Route 3808 right-of-way — the communities of Tappan, Orangeburg, Blauvelt and Greenbush Road/ Bradley Parkway - has not.yet been overwhelmed by the adjacent commercial development at the Palisades Center and in New Jersey.

The desire for a more comfortable and spacious environment continues to attract both residents and businesses to Rockland County, specifically to the Grangetown area...fand]...

This pattern of development and redevelopment activity has focused public attention on the corridor’s traffic safety and operational problems, diversion of traffic inte residential areas, and the potential for diminished quality of life in the surrounding residential neighborhoods.

” The goal of the 2002 Study was: “To expand awareness of the links between decision-making on the use of land and the provision of transportation services in order to enhance the efficiency and effectiveness of transportation investments.” Recommendations from the 2002 Study that are relevant to this Community Preservation Plan, organized according to the seven preservation priorities, are as follows:

RECREATION AND OPEN SPACE GOALS: * In the 303 Corridor, emphasize open space preservation in the Bradley neighborhood * Future development of the Sparkill stream bank as a location for pedestrian and bicycle paths, passive recreational use (Le. park benches, plantings, and landscaping) is highlighted... in Figure 3.L..[and includes]...development of a continuous pedestrian system consisting of sidewalks and crosswalks, and connection with the J.B. Clark (Orangetown) Rail-Trail in the Orangeburg neighborhood area

HISTORIC PROPERTIES GOALS: * In the 303 Corridor, emphasize historic preservation in the Tappan neighborhood GREENWAY GOALS: * Create a Sparkill Creek Greenway 30 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown TOWN OF ORANGETOWN OPEN SPACE ACQUISITION GUIDELINES - 1999 In the 1990's, the Town of Orangetown created an Orangetown Park Development Advisory Committee and an Open Space Ad-Hoc Committee to prepare Open Space Acquisition Guidelines (Guidelines).

The 1999 Guidelines that resulted were derived from the County of Rockland Open Space Guidelines, which were prepared under the direction of the County Executive. They established a series of goals and objectives to guide the Town in adopting its priorities for open space protection.

The acquisition priorities for open space are as follows: ACQUISITION PRIORITIES: Priority will be given to land and water that meet the criteria of these Open Space Guidelines and to which any of the following apply: + Immediate threat of development. * Tax delinquency. * Grants or cooperative funding available. + Possesses more than one attribute. « Additions to adjacent protected open space.

* One attribute that is extremely important. + The property is identified for protection in the Town of Orangetown Comprehensive Plan, or another municipal, state, interstate, or federal agency’ s report. + Support of public and private organizations. Priorities emerging from the above criteria for open space protection were as follows, organized by the seven Community Preservation Plan priorities for preservation.

It should be noted that there i is substan tial overlap in the way the priorities were organized in the uisition lines with a number of the priorities falling into one or more other categories. For example, the Recreation/Open Space priorities also include reference to other priorities such as greenbelts, nature preserves (i.e. biodiversity), open space lands that include water resources, and so on.

The recommended means of acquiring open space in the Guidelines is relevant to this Community Preservation Plan because it emphasizes the use of fee simple purchase, purchase of less than fee interests such as conservation easements, and working cooperatively with federal, state, county, other municipalities, and private entities such as land trusts or foundations to effectuate such acquisitions.

Each of the acquisition implementation techniques recommended in the Guidelines are consistent with the purposes of establishing a Community Preservation Fund in Orangetown and such recoramendations will help achieve implementation of the Community Preservation Plan’s priorities and the Town’s long sought vision for protecting its community character.

Priorities from the Guidelines are as follows: 31 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown

RECREATIGN/OPEN SPACE PRIORITIES: The Town of Orangetown will continue to acquire open space to form a connected system of parklands or greenways in the tradition of the major parks, parkways and regional trailway system which currently exist in the Town.

Preference will be given ta: > Land or water which connect protected open space (State, County or local parks, parkways, nature preserves, cemeteries) Land that allows for foot and bicycle travel Bodies of water that allow boating Abandoned railroad rights-of-way Scenic or historic roads Existing and proposed trails The Town of Orangetown will encourage provision of open space through redevelopment.

Preference will be given to: . Properties located within densely populated neighborhoods Properties which provide community parks and greenway paths Properties which eliminate no longer viable strip malls Properties which will provide vest pocket parks The Town of Orangetown will promote opportunities for recreation compatible with the existing natural resources.

Preference will be given to: Properties that provide unique recreation or other benefits not available or accessible elsewhere in the Town Properties that protect or connect trailways and greenways Properties that provide access for water-related activities Properties that can be developed as neighborhood parks

WATER RESOURCES PRIORITIES: The Town of Orangetown will acquire or otherwise protect the Hudson River shoreline for access, use and scenic enjoyment of the public. Preference will be given to: * .

Waterfront properties with deteriorating, substandard or incompatible development that can be reclaimed for open space or park use Properties having unique natural features or which offer unusual recreational opportunities Properties which foster local revitalization and economic development opportunities at or near the waterfront Waterfront properties that are landlocked, but which offer a natural shoreline environment.

32 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown The Town of Orangetown will protect rivers and streams, including their banks and floodplains.

Preference will be given to: Properties within the 100-year floodplain of rivers and streams Properties adjacent to the water bodies identified as stressed, threatened, impaired, or precluded on the New York State Department of Environmental Conservation Priority Water Body List Properties adjacent to Class A (a water body classified by the New York State Department of Environmental Conservation as suitable for drinking) or Class B (a water body classified by the New York State Department of Environmental Conservation as suitable for swimuning) rivers or streams, or rivers and streams which support fish Riparian buffers (an area of trees, shrubs and herbaceous vegetation located adjacent to and upslope from a lake, stream or other body of water which maintains stream system integrity, protects water quality and improves the habitat of plants and animals on land and in the water) along stream or river corridors Properties that surround or adjoin springs or intermittent streams The Town of Orangetown will protect its watersheds (the land that water flows across or under on its way to a stream, river, lake, ground water supply or coastal water body.)

Preference will be given to: Properties which protect water quality including groundwater recharge areas and aquifers (a geological formation of saturated rock or sediment that is both porous and permeable enough to yield usable quantities or water to a well or spring) Properties along shorelines or reservoirs, including land originally acquired for watershed protection Wetlands, floodplains and riparian buffers Properties that contain springs.

HISTORIC PROPERTIES PRIORITIES: The Town of Orangetown will protect or preserve historically or culturally significant properties. Preference will be given to: .

Historically significant properties which are endangered Properties listed on or nominated to the New York State or National Registers of Historic Places or on the County Inventory of Historic Places Properties within the Town’ s designated historic districts Properties with cultural features such as museums, art galleries or archeological sites.

Properties with industrial historic significance, such as mill sites, furnaces or waterfront structures. Stone walls. 33 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown * Military camps, posts or bases. * Bridges FARMLAND PRIORITIES: The Town of Orangetown will protect and encourage the opportunity to farm.

Preference will be given to: » Farms, crop fields, orchards, retail stands, timber forest, or horse farms « Fallow agricultural lands or orchards NEW YORK STATE OPEN SPACE CONSERVATION PLAN - 2016 New York State established a formal Open Space Conservation program in 1990 and this program has as its centerpiece a regularly updated!

New York State Open Space Conservation Plan (State Plan), Preparation of the NEW YORK STATE State Plan has involved a partnership between several OPEN SPACE CONSERVATION PLAN agencies including the Department of Environmental Conservation, Office of Parks, Recreation and Historic Preservation, Department of Agriculture & Markets, Department of Transportation, and Department of State.

The State Plan is relevant to Orangetown’s Community Preservation Plan because it specifically highlights open space resources within the Town for preservation including significant water supply watersheds and important biodiversity lands.

saat The State Plan begins with a definition of “open space,” which provides a common understanding of what open space means in the context of land use development and conservation. The State definition is as shown in the graphic to the right.

The State Open Space Plan highlights Regional Priority Conservation INI Projects described as representing: pe ich is not intensively developed for residental, commercial, “The unigue and irreplaceable open space resources of New York that encompass exceptional ecological, wildlife, recreational, scenic, and historical values.

” The regional priority projects included in the State Open Space Plan applying te 2016 New York State Open Space Conservation Plan Orangetown are as follows: Inside Cover Excerpt iso includes water bodies such as fakes and bays. What en sfiacl depend tn patt Gr its surroundings. A vacant lot ora seal = eri space in a big ety.

A narrow corridor or pathway for walking or bicyeling is 1 hit is surrounded by daveloped areas.

And while nat strictly open: iscusses cultural and historic resources which, along with open space, 9 of New York State, 34 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown HUDSON VALLEY/NEW YORK CITY FOODSHED The State Plan identifies Rockland County’s important agricultural lands, that include four remaining active farms, including in Orangetown.

According to the State Plam: “These farms represent Rockland’s remaining link to agriculture, producing corn, squash and ’ several varieties of apples. Thousands of New York City residents come to pick their own. apples each year. Where landowners are willing, efforts should be made to ensure protection of these farms from development.

” ROCKLAND RIVERFRONT COMMUNITIES/PALISADES RIDGE The State Plan highlights the Hudson's Riverfront communities for their regional importance. The State Plan has this to say about Orangetown’s area of Rockland County: “The Palisades Ridge is a narrow ridge located along the western shore of the Hudson River in northeastern New Jersey and southeastern New York.

It begins in New Jersey and continues north within the Villages/Hamlets of Palisades, Sparkiil, Grandview, Upper Grandview, Nyack, and Upper Nyack....The Palisades Ridge ranges in altitude from 500 to 700 feet. It is located within two main watersheds: 1) the Hudson River Watershed, and 2) the Upper Hackensack River watershed and four sub-watersheds: 1) the Sparkill Creek, 2.) the West Branch Hackensack River, 3.)

the Lower Branch Hackensack River, and 4.) the Minisceango Creek, The Hackensack River watershed, along with the sub-watersheds of the same name, How into Lake DeForest, a United Water NY public drinking water reservoir, which serves Rockland County, NY and Bergen County, NJ.

Therefore, all watersheds and sub-watersheds of the Palisades Ridge need special consideration and protection because they drain into: Ll) the Hudson, a NYSDEC-designated Priority Waterbody; 2) Class A wetlands; or 3) Lake DeForest, a critical drinking water supply. There are many other values of the Palisades Ridge. The Long Path Hiking Trail follows along the entire length of the Palisades Ridge.

Along the Ridge are important wildlife habitat areas, Hudson River and inland wetlands (the Class A wetlands mentioned above), and scenic vistas, including the Tappan Zee Scenic District and designated Critical Environmental Areas. The Palisades Ridge and its scenic vistas, recreational uses, important watershed far publie water supply and Lower Hudson River drainage must remain the focus of preservation efforts.

” PRESERVATION EFFORTS IN ORANGETOWN TO DATE To date, lands that have been protected in Orangetown encompass approximately 3,133 acres as shown in Table 1.1 below and as illustrated on Figure 1.1. Public agencies and 35 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown private landowners have shared in the protection of land.

This includes the Town’s villages, New York—New Jersey Trail Conference, and others that have been partners in the efforts to acquire open space lands or interests in open lands for a variety of purposes. Protected lands are identified on Figure 1.1. These lands may include properties protected by government agencies and/or through Fee Acquisition.

Fee Acquisition means land acquisition in which one party (or parties) agrees to sell, and another party (or parties) agrees to purchase a parcel of land for an agreed upon price. Protected lands include properties where full development is limited by a conservation organization or government entity.

Examples of protected lands include state and mumicipal parks, land trust properties, private lands under conservation easement, and other government land holdings (e.g. government buildings and lands). These lands include publicly owned or operated parkland, recreation areas or designated open space that may have conservation restrictions.

Privately conserved areas not open to the public may include for example endangered species habitats or lands with conservation easements restricting development. Land trust properties are conserved lands, where the public may be invited, but is sometimes expected to pay a fee for use. Protected lands are shown in Figure 1.1 below.

The breakdown in ownership of public and protected private lands in Orangetown follows the Map: “TABLE 1.1: PUBLIC & PRIVATE PROTECTED LANDS PROTECTION/OWNERSHIP.

STATUS Town of Orangetown Open Space (lands designated as parkland or protected open space) 895 Villages 92 Palisades Interstate Park Conunission & NYS Office of Parks, Recreation & Historic Preservation 1,578 Rockland County Parks 560 Protected Public Lands Subtotal 3,125 New York/New Jersey Trail Conference ; 4 Other Protected Private Lands 4 Protected Private Lands Subtotal 8 Total Public and Private Protected Lands in Orangetown EREX) | 36 7-14-2026 COMMUNITY PRESERVATION PLAN Yown of Grangetown Town of Orangetown Community Preservation Plan Parks and Protected Lands Ownership \ a ee | ’ fiero CE] town of Orangetown de, Pay ANU Aus i HBG State of New York 1] Rockland County 7] wise we NYN3 Trail Conference et {Lu} Other Ea pate jpstate Sean) Figure 1.

1. Orangetown’s Parks and Protected Lands This Community Preservation Plan begins the process of identifying and then pursuing new voluntary partnerships between the Town, landowners, land trusts and others to find fiscally responsible ways to preserve more of what is special about Orangetown for both present and future generations.

Part 2 of this Community Preservation Plan presents the methodology used in developing the Plan and summarizes Preservation Categories where priority projects and parcels are identified for use of Community Preservation Funds.

Following that, Part 3 identifies and evaluates Town land use controls, like Zoning, that are already available to use “in order to protect community character” in the event acquisition of land or interests in land is determined not to be “the best alternative for the protection of community character" 37 7-14-2026 COMMUNITY PRESERVATION PLAN own of Grangetown PART 2: PRESERVATION CATEGORIES AND PRIORITIES A.

OVERVIEW The 2026 Community Preservation Plan presents a data-driven approach for identifying where priority natural and cultural resources are located within Orangetown and then identifying which parcels of land contain those natural and/or cultural resources worthy of preservation.

The purpose of this analysis is to establish eligibility for future expenditure of the Community Preservation Fund, should Town electors vote for the initiative. The analysis also provides a decision support tool for the future Community Preservation Fund. Advisory Board to make recommendations for conservation projects to the Town Board.

The parcel analysis identified below will be a useful tool for the Planning Board and other local boards and commissions when evaluating proposed land uses in the Town, under one or more of the alternatives discussed in Part 3.

A parcel scoring system was developed based on data available at the town-wide level for different types of natural and cultural resources, which were then organized into seven preservation categories. Within these categories, a total of 42 preservation criteria (e.g., mapping data sets) were identified, reflecting resources or attributes worthy of preservation in Orangetown.

Parcel scores reflect the sum of different preservation criteria mapped on a site. The resulting model “scores” parcels in Orangetown for conservation values based on available data and reflects the conservation priorities expressed in the Town’s plans and reaffirmed in the community engagement conducted for the Town’s comprehensive planning processes discussed in Part 1.

Scores are displayed on preservation category and total score maps below the discussion of the seven preservation categories. High resolution maps are available online in the Community Preservation Plan Appendix B at orangetown.com and are listed parcel by parcel in Appendix A of this Community Preservation Plan.

The scores can be used to identify parcels with high concentrations of natural and cultural resources, as well as priorities for specific types of resources. In addition, the scores can be used as focus areas for pursuing conservation projects with willing landowners. THE EARTH IS WHAT WE ALL HAVE IN COMMON.

WENDELL BERRY 38 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown Approximately 14,375 parcels in Orangetown contain at least one attribute contributing to community character. It is therefore recognized that it would never be possible (or desirable) to acquire every parcel identified within this Community Preservation Plan, even if every landowner were willing to participate.

Consequently, the scoring system is intended to guide the future Community Preservation Fund Advisory Board to focus their choices for voluntary conservation projects on the highest scoring parcels overall or within the seven preservation. categories.

In addition, use of the alternative land preservation tools described in Part 3 can help preserve open space and complement the future work of the Community Preservation Fund Advisory Board, the Town Board, and Town Planning Board.

These tools include, among other options, zoning and other Town land use controls (such as historic preservation and Critical Environmental Areas), chister development, conservation easements, tax abatements, public/private partnerships and/or other cooperative agreements with private landowners. These are described in Part 3 of this Plan. Within Part 2 of this Plan, Section 2.

B describes the methodology for establishing and scoring preservation categories and priorities; Section 2.C describes and illustrates on maps the preservation categories and priorities, and Section 2.D describes uses of the conservation scores and priorities. 39 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown B.

METHODOLOGY FOR ESTABLISHING PRESERVATION CATEGORIES & PRIORITIES Identification of Protected and Vacant Parcels The bounds and classification of the parcels in Orangetown was obtained from the New York State Office of Information Technology Services NYS Tax Parcels Public GIS, which, among other measurements (see below), provided the acreage and property class for each parcel, The Town Assessor provided a spreadsheet of parcel tax ID with ownership information that was not spatial but could be cross-referenced with the County spatial data.

Approximately 3,133 acres of land in Orangetown is protected as outdoor recreational land or natural open space. These properties were removed from consideration for future protection. Specifically, parcels indexed as Protected were classified in the assessment database as coded 930 or above, which includes state- and county-owned forests, public parks and recreation areas, and other conserved lands.

Additionally publicly owned land coded for recreation purposes (500 series class codes), or land identified as owned by the Town of Orangetown and maintained for recreational purposes was included. Additional parcels were also included as identified in the New York Protected Areas Database. Preservation Categories The Committee identified seven categories that represented priority preservation goals for the town.

The categories are as follows: Priority Preservation Categories ° .. Recreation/Open Space .. Water Resources : Historic Properties . Greenbelts + Farmland Scenic Areas Biodiversity Within each category, specific measurements or criteria were selected that would best summarize those goals, and each of these were measured as present or absent in each of the town’s parcels.

This involved compiling and cross-referencing several spatial data sets, as shown in Table 2.1, in a computer Geographic Information System (GIS}8 with the parcel data. 40 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown PRIORITY SCORING A total of 42 preservation criteria were chosen based on the best available spatial data for conservation values in the Town.

The preservation criteria were organized thematically into the seven preservation categories identified in detail below. Table 2.1 presents the scoring system, including each of the seven priority preservation categories and the criteria used to score resources in each category. The corresponding data sources can be found in Appendix C, The preservation categories and criteria are briefly described in Part 2.

C, below, along with maps showing the priority parcels for each category. The score © categories are provided in the full parcel list found in Appendix A. Table 2.1: Preservation Categories, Criteria, and Points Preservation Category | Criteria Adjacent to parkland and trail corridors 1-2 Adjacent to Long Path (within 100'} 1 Within sidewalk gap corridors 1 Future off-road bike connections 1 .

Extension of rail trail 1 Recreation & Open Space Adjacent to designated Trout fishing stream j (Possible Score: Adi to Sparkill, N h : jjacent to Sparkill, Nauraushaun or 12 Points) Brookside Creeks 1 Hudson River access 1 School Property 1 Private recreation 1 4l 7-14-2026 COMMUNITY PRESERVATION PLAN Lown of Orangetown Table 2.

1: Preservation Categories, Criteria, and Points Preservation Category H Criteria _ Points Previously identified open space priority 1 parcels Unconsolidated Aquifers 1 DEC Class A Streams 300' Buffer 1 FEMA Flood Hazard Areas 1 Water NYNHP Riparian Buffers or w/ini60' of 1 stream or surface water Resources Possible Score: | Wetland (DEC, informational and/or NWI) w/ i (8 Points) 300' buffer or Hydric Soils Source Water areas 1 Well Critical areas 1 Sparkill Watershed 1 National Register Historic Sites and Districts 2 National Register eligible sites 1 Historic Historic Marker sites 1 Properties (Possible Score: Adjacent to locally designated historic roads 1 7 Points) Within Archaeological buffer area 1 Cemeteries 1 42 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown Table 2.

1: Preservation Categories, Criteria, and Points Preservation Category Criteria | Points Within or adjacent to Hackensack River (Possible Score 4 ; Points) Within Greenbelt or connections between 2 Greenbelt and Blueway Prime or Statewide Important Farmland Soils 2 Farmland Prime Soils if Drained 1 (Possible Score: ° - " ; 4 Points) Active Farm Parcels, including Community 1 Gardens Potential for Community Garden 1 Within designated Critical Environmental Area 2 (Possible Score 4 |Adjacent to Palisades Parkway 1 Points) 9 §>-------- Within/adjacent to Palisades ridge “4 NYS - DEC Significant Biodiversity Areas 1 NYNHP Important Areas for Rare Animals 1 NYNHP Important Areas for Rare Plants 1 NYNHP Important Areas for Aquatic Animals 1 43 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown Preservation Category Criteria Biodiversity NYNHP Significant Communities 1 (Possible Score 10 Points) TNC Above Average Climate Resilient Areas 1 Wetland (DEC or NWI) w/300' buffer 1 NYNHP Roadless Blocks (100+ acres) 1 Adjacent to Sparkill Creek 1 Adjacent to protected land 1 Acronyms used in the above Table 2.

1: DEC New York State Department of Environmental Conservation FEMA Federal Emergency Management Agency NWI National Wetlands Inventory NYNHP New York Natural Heritage Program TNC The Nature Conservancy Cc. PRESERVATION CATEGORY DESCRIPTIONS This section briefly describes the preservation categories and displays maps of priority parcels.

Appendix A lists every parcel that is eligible for potential conservation using the Community Preservation Fund. Table 2.2 presents a breakdown of the total number of parcels with one or more attributes in each Preservation Category. The highest parcel score was 16 with a total of 14,375 parcels receiving one or more points.

For each of the seven resource categories, parcels are ranked into two or three tiers (High, Meditun or Low), and then those tiers are translated to a three point scale which are added bb 7-14-2026 COMMUNITY PRESERVATION PLAN Lown of Orangetown together to get the composite score for each parcel.

Thus each parcel could have a maximum composite score of 20 points if it scores in the highest tier for all seven categories.

The tiers were created using an approximate standard deviation approach, where parcels that scored at the average or below for the category were classified as Lower Priority, parcels above average up to one standard deviation from the mean were classified as Medium Priority, and parcels greater than one standard deviation were scored as High Priority.

For the overall scoring, a fourth “Highest Priority” tier was included for parcels that scored more than two standard deviations above the mean. Given the low point spread, Scenic Areas and Greenbelts were scored with only two tiers, Lower and Medium for Scenic Areas and Medium and High for Greenbelts. Table 2.

2 shows the breakdown of the number of parcels, and their associated acreage, for each tier within each category and overall scoring. The methodology used to identify conservation values and priorities in this Plan is broad and inclusive.

It emphasizes intact, connected resources such as large core habitats and wildlife corridors, as well as opportunities to expand existing protected areas like parks, and to create a more connected conservation network. It would be impossible to protect all parcels identified within this Community Preservation Plan, even if every landowner were willing to participate.

Part 3 of the Plan discusses other land use tools and strategies available for the town to preserve its priority resources. 45 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown Table 2.2 Summary of Priority Parcels and Acres by Preservation Category Number of Priority Parcels (Acres by Priority) Category. —-——----_----- + Totals Medium |Recreation/ 38 241 3,716 © 3,995 i Open Space (843) (1140) {4.

239} _ (6,222) Aw ter 437 2,033 7.

617 | 10,087 | Water Resources (1,892) (2,482) (4,339) | (8,913) | Historic 113 539 7,851 | 8,503 Properties (406) (926) (6,158) (7490) 329 4,269 | 4,598 Greenbelts (581) (5,047) ~ / (6,598) Farmland i 204 3,873 4078 armilan (6) (2,250) (4,675) (6,931) | se cA ~ 238 2,056 ' 2,294 cenie Areas (276) (2,386) (2,662) Bi diversit 362 873 4,022 5,237 _Bloaiversity (1,263) (1,601) (4,065) 6,929} overall Priorit 1453 4,342 8,292 {44,375 verall Priorities (2,596) (2.

708) (2.627) | (10,626) Highest Priority (2.695) Notes: 1. There are 16,273 parcels in the Town of Orangetown, including the villages. 2, 188 parcels were excluded for being existing parkland and one parcel was excluded that encompasses the Palisades Interstate Parkway. 3. Atotal of 16,084 parcels were evaluated. 46 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown 1.

RECREATION/OPEN SPACE The Orangetown Comprehensive Plan recognizes the need for parks and recreational facilities to meet the current and future recreational needs of the community.

This Plan assesses potential value for such areas based on parcels adjacent to existing parks, trails, preserves, town greenbelts, for connectivity to preserved or publicly owned properties, and adjacency to the town’s rivers and streams. Public recreation areas owned or operated by the Town of Orangetown include the parks shown on Figure L.1 and as listed on Table 1.1.

The State of New York, Rockland County, and the villages also own public parkland shown on Figure 1.1 and listed by ownership in Table L1, This Plan scores all parcels adjacent to existing parks and preserved lands based on potential opportunity for expansion of trails or public access. Similarly, all town in-use properties and any adjacent lands receive points in this category.

Parcels adjacent to the Long Path also receive points, considering potential for trail connection easements through such properties and/or to provide a buffer to the trail in the future.

Rivers and streams were also considered in this category based on their potential recreation value, The Plan identifies all properties adjacent to the Hudson River as well as other major streams and rivers such as the Hackensack River, Brookside Creek, Nauraushaun Brook and Sparkill Creek based on potential for creation of new greenway trails, boat launches if applicable, or waterside parks.

In addition to prioritizing parcels for trail extension, parcels that contain potential off-road. bike trails, as identified in the 2018 Orangetown Bike Study, were included. Gaps in sidewalk infrastructure were also included in the analysis to help facilitate cross-town connections.

Other criteria included in this category include school properties as there is a potential for shared amenities and/or for the town to take over existing recreational facilities in the event of a school closure. Similarly private recreational properties are included for potential future sale to the town.

Finally locally identified open spaces were included as these properties have been identified in previous studies or as part of this study as having local significance either as existing or future open spaces. Figure 2.1 shows priority parcels for Recreation and Open Space in Orangetown.

AT 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown Town of Orangetown Community Preservation Plan Recreation and Open Space Scoring Recreation and Open Space Priory Parcels BB High Proaty PR vecium Prony £7) Lower Priority £7] Pasks « an ' Riles GREENPIAN eater eration Sh ENON, Figure 2.1: Recreation and Open Space Priorities 48 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown 2.

WATER RESOURCES Orangetown is rich in water resources, including the Hudson River, Hackensack River and tributary streams, ponds, lakes, wetlands, reservoirs, adjacent riparian and floodplain areas, and aquifers. These features provide important ecological and habitat values, flood control, and clean water for people and wildlife, in addition to recreation opportunities.

Tributaries to these streams are also present in the town. The Sparkill Creek and small tributaries drain into the Hudson River Estuary while the remainder of Orangetown’s streams drain to the Hackensack River and then to Newark Bay. Most residents in Orangetown obtain their potable water from Veolia ~ Water New York, and water utility company that serves Rockland County and other areas.

Veolia sources their water from 60 supply wells, eight of which are located within or near Orangetown’s boundaries. These groundwater wells draw from the Newark basin aquifer, which is a fractured sedimentary bedrock aquifer. Veolia currently provides source water for an estimated population of 334,500 residents across Rockland and Orange Counties, including residents of Orangetown.

Wellhead protection is a public health issue that can be addressed by ensuring areas of land that contribute to well replenishment are protected from potential future contamination. Acquisition of land and conservation easements is a widely used tool in a multi-barrier approach to drinking water protection, even in water systems with filtration infrastructure in place.

New York State’s Water Quality Classifications were used to score parcels containing Class AA or Class A waters, suitable for public water supply, along with a 300 foot stream buffer. New York State Natural Heritage Program Riparian Buffers or areas within 160 feet of a stream or other surface water source were included.

Unconsolidated Aquifers consist of a body of rock or sediment that is saturated with groundwater and can yield significant amounts of water to wells or springs. They are crucial sources of water for drinking, agriculture, and other uses.

Unconsolidated aquifers are underground layers of water-bearing materials like sand, gravel, or silt and they can contain significant quantities of water primarily under unconfined conditions. They are often found in lowland areas or along river valleys and many in the northeast were deposited by the glaciers that overlaid Orangetown in the most recent ice age that covered.

much of North America and all of the Northeast. Both the United States Geological Survey (USGS) and the New York State Department of Environmental Conservation have mapped unconsolidated aquifers and their datasets were used to map such areas in Orangetown. The Community Preservation Plan scored parcels based on the presence of 100-year and 500-year floodplains using Special Flood Hazard Area mapping from the U.S.

Federal Emergency Management Agency. Left in a natural state, floodplains help to attenuate and absorb flood waters and reduce downstream flood damage as well as reducing risk to people, property, and infrastructure. The Community Preservation Plan scored parcels based on the presence of the Federal Emergency Management Agency’s (FEMA) Flood Hazard Areas.

49 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown Hackensack River Source water areas are places where rivers, streams, lakes, reservoirs, springs, and groundwater provide water to public drinking water supplies and private wells. Protecting the sources of water that people use can reduce risks by preventing exposures to contaminated water.

Protecting source water from contamination helps reduce treatment costs and may avoid or defer the need for complex treatment. Additional benefits of protecting source water areas include protecting water quality for wildlife and recreational use, and protecting the availability and quantity of water supplies.

The Community Preservation Plan scored parcels based on the presence of source water areas where Viola obtains their water for treatment, storage and distribution. Orangetown relies on groundwater for approximately 70% ofits water supply, according to the Town of Orangetown Drinking Water Source Protection Program (DWSP2) Plan, prepared by the Hudson Valley Regional Council.

This Plan is in draft form and is under review by New York State at the time of adoption of the Community Preservation Plan document. The Community Preservation Plan scored parcels based on the presence of the well critical areas as a subset.

of the source water areas, preliminarily identified in the DWSP2 Plan, as in need of some form of protection including a potential overlay zoning district and other protection methods. Acquisition of conservation easements and fee simple acquisition are an effective method for protection of source water areas including well critical areas.

50 7-14-2026 COMMUNITY PRESERVATION PLAN Yown of Orangetown The Sparkill watershed has been recognized in multiple Town planning documents as an important resource to protect. It has also been highlighted in the current New York State Open Space Conservation Plan, as discussed above in Part 1.

The Community Preservation Plan scored parcels based on the presence of parcels that lie within the watershed boundaries within Orangetown. Wetlands are areas saturated by surface or groundwater sufficient to support distinctive vegetation adapted to life in saturated soil conditions. They include a variety of habitats, such as forested and shrub swamps, marsh, wet meadows, and woodland or vernal pools.

The Community Preservation Plan relies on wetland maps from the U.S. Fish and Wildlife Service National Wetlands Inventory and mapping for hydric soils from the US Department of Agriculture’s Natural Resources Conservation Service Soil Survey Geographic Database (SSURGO). SSURGO contains information about soils collected by the National Cooperative Soil Survey over the course of a century.

The information was gathered by walking over the land and observing the soil. The New York State Informational Freshwater Wetland Mapping was also included. The State’s Informational Freshwater Wetland Mapping is intended to be used for informational purposes in identifying the general location and extent of freshwater wetland areas of any size throughout the state.

Informational Freshwater Wetland Mapping is no longer regulatory. Hydric soils form under conditions of saturation, flooding or ponding long enough during the growing season to develop anaerobic conditions in the upper part ~ and typically indicates a wetland area.

Orangetown’s official Town Policy from the Town’s 2023 Comprehensive Plan also cites the importance of wetlands when it declares that: “Wetlands provide invaluable ecological services, including flood mitigation, absorption of excess nutrients, and critical habitats for animal and plant species.

Piermont Marsh, the largest riparian marsh in Orangetown, supports significant biodiversity and is habitat for several State-listed endangered flora and fauna. It is also part of the Hudson River Estuary Program. [see 2023 Plan at -188]. Wetland buffers are significant for biodiversity. An upland buffer around a wetland is essential for the survival of a wide range of plant and animal species.

Approximately 40% of all species depend on wetlands at some stage of their life cycles and about half of all species listed as federally threatened or endangered are reliant on wetland habitats and their upland buffers. The wetlands identified in Figure 2.2 include a 300 foot upland buffer.

As biodiversity hotspots, wetlands, streams, ponds, and lakes are the only habitats available for aquatic species and can be subject to many forms of pollution from nearby development including nutrient runoff, sedimentation, salt deposition, chemical pollution, dumping, and temperature increases and/or fluctuations. Thus, protecting land and natural cover around waterways and waterbodies is a conservation priority.

Figure 2.2 shows priority parcels for Water Resources in Orangetown. BL 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown Town of Orangefown Cermmunily Preservation Plan Water Resources Scoring Water Resources Priority Parcels Bl High Priority BB Medium Priority FL] Lower Priorily 7] Parks e oh 1 Milex GREENPLAN UN OAD Upstate GS Fer Porson Pancses Stes Ne ten eantgee ne Gel BaterTOOH ONS Figure 2.

2: Water Resource Priorities 52 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown 3. HISTORIC PROPERTIES Orangetown’s historic properties and hamlets are vital to the town’s historic character and agrarian beginnings. This Preservation Category seeks to protect cultural resources that have been identified as significant for their historic values.

This Preservation Category includes all parcels identified within Orangetown including National Register of Historic Places sites and districts, National Register of Historic Places eligible sites, New York State Museum sites identified with Historical Markers, parcels adjacent to locally designated historic roads, on or within an archaeological buffer area, and cemeteries.

It should be noted that for historic preservation projects to qualify under the State’s Community Preservation legislation, the property must be listed on the State Register of Historic Places and/or protected by the Town under a Local Law as a local historic property. Figure 2.3 shows priority parcels in Orangetown on the Historic Properties map.

53 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown Town of Orangefown Communily Preservation Plan Historic Properties Scoring Bl toh Prionty t ' oa Historie Properties Priorily Parcels H ‘ BE mecium Prony | tower Priority a Parks 83 ' ipstate ———-. Fer Pranaing Posens ely Not sor nasser egal teenaony Figure 2.3: Historic Property Priorities ba 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown 4.

GREENBELTS Greenbelts are generally any identified area of connected and largely undeveloped, natural, or agricultural lands that are integrated with or surround an urbanized area. Greenbelts can be protected, partially protected, or unprotected and can include parks, parkways, nature preserves, natural habitats, farmland, and developed areas.

Greenhbelts are most effective when the lands that are included are protected or partially protected areas adjoin each other, forming a linear natural area preserving the openness of the landscape. The 2003 Town Comprehensive Plan identified and then recommended a “greenbelt” be established in Policy A.1 and A.

2 for the Orangetown-Lake Tappan-Hackensack riverway and Clausland Mountain corridor be protected through acquisition of lands for open space and through Zoning and land planning techniques such as cluster development that limit development on steep slopes and wetlands, along ridgelines and waterbodies.

The 2023 Town Comprehensive Plan emphasized Orangetown’s emerging greenbelt as described in the following statement that appears on : “The Town of Orangetown is home to a rich variety of parks and open spaces. There are approximately 2,500 acres of public and private open space in Orangetown, constituting 22.7 percent of the land within tts boundaries.

Orangetown’s natural landscape is defined by both land and water features including Clausland Mountain, which forms a greew north-south open space corridor to the east, and a chain of lakes and several creeks, which forma blue’ north-south corridor further inland.

Along with three state highways, WY State Route 2038, NY State Route 304, and the Palisades Interstate Parkway (PIP), these two natural corridors frame Orangetown’s predominantly residential fabric, with the densest concentration between NY State Routes 308 and 304.

The steep terrain of Clausland Mountain to the east limits development on steep slopes, while the low-lying lakes further inland, and wetlands adjacent to the Hackensack River in the north-central portion of the Town and along the PIP, limit development on environmentally sensitive areas,” The Greenbelt for Orangetown is inspired by Rockland County’s proposed Greenbelt connecting the parks along the Palisades ridge in the eastern portion of town.

For this Community Preservation Plan, the Greenbelt was expanded to include forested connections throughout the town that link to the primary green corridor on the eastern part of the town, ecoConnect data from University of Massachusetts was utilized as a starting point to digitize where the dominant forest “flow” areas are throughout the town, and then smaller forested connections were also incorporated to complete linkages across the town.

The Blueway is designated as all areas within one-quarter mile (4) mile of the Hackensack River and associated Lake Tappan (reservoir). 55 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown Figure 2.4 shows priority parcels for Greenbelts in Orangetown.

Town of Orangetown Communily Preservation Plan Greenbelts Scoring Greenbeits Priority Parcels BB Bich Pronity BB Mecium Paanty (1 Parks Q a8 : Miles G ALAN uae Bes Pascing Pawases at teenangotion se lager arerntiations Figure 2.4: Greenbelt Priorities 56 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown 5.

AGRICULTURE According to the 2023 Town Comprehensive Plan, Orangetown was once part of the region occupied by the Lenape indigenous people. Dutch farmers moved to the area in the 17th century, attracted by the dense forest and fertile farmland located close to the Hudson River.

When the British ousted the Dutch from rule in Manhattan in 1664, many Dutch farmers moved to the Hudson Valley to continue practicing their way of life. Dutch families continued to farm the land in Orangetown for over a century and the Dutch language and customs persisted here well into the 19th century.

Active farming in Orangetown has diminished from its height in the 19% Century when much of Orangetown’s land was cleared for farming including the pasturing of cows and horses. Only a few farms are left in the town. However, areas of fertile soils, known as prime farmland soil, remain undeveloped.

Some of these areas comprise existing open space and may be eligible for protection to ensure future food security on the best remaining soils, protection of important wildlife habitats, and protection of water resources, among other values.

Supporting local farms and protecting lands with the potential to be used again for growing of crops and pasturing of animals helps avoid carbon emissions associated with long-distance food transport and is an bmportant strategy to increase community food security in a changing climate. Farmland is an irreplaceable asset ~ once developed, it cannot be recovered.

The environmental benefits and landscape preservation values associated with agriculture are worthy of protection. The socio-economic vitality of agriculture is important to the economic stability and growth of the Town.

Rockland County, in its 2011 Comprehensive Plan titled Rockland Tomorrow, has identified farms and orchards as: “One of the most vulnerable categories of open space, Development pressure and conversion of farmland to non-agricultural uses have resulted in a significant loss of this valuable open space resource, as well as a change in community character.” (emphasis added, see Rockland Tomorrow, ].

It is the policy of Rockland County to: “Preserve and protect farmland and historic, cultural, and water resources.” [see Rockland Tomorrow, ]. Good agricultural soils are essential to farming. Prime Farmland Soils, as defined by the U.S. Department of Agriculture and New York State, are considered the most productive soils for farming.

Farmland Soils of Statewide Importance are soils that do not meet all criteria for Prime Farmland. Though not as productive as Prime Farmland, if managed properly, these soils can produce fair to good yields. In addition, some soils are classified as “Prime Farmland if Drained” and may be freshwater wetlands.

Land use development, if it were to occur on such soils, would remove their potential for farming activities, essentially forever.

Since there is only a limited amount of active farmland remaining in Orangetown, community gardens provide a way to have locally grown fresh produce and provide important open spaces for gathering and agricultural activities that can be enjoyed by 57 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown many people.

A simple analysis was conducted to identify parcels with contiguous open areas of 10,000 square feet or more as that size mirrors what exists currently in the Town. Open areas are those without water, wetlands, buildings or tree cover. Parking lots were included as raised beds can be installed over the pavement or the pavement could be removed in the future. Figure 2.

5 shows priority parcels for Farmland in Orangetown. 58 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown Town of Orangelown Communily Preservation Plan Agriculture Scoring Agticulture Priority Parcels BB High Pronty HR veciom Pronty Tool tower Prortly cy Parks t an : Kenora BIL GREENPLAN ce Pes Besoin Mepsae One Not foremgation oe egal cxtersinasens Figure 2.

5: Agricultural Priorities 59 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown 6. SCENIC AREAS Orangetown is home to the outstanding scenic beauty of the Hudson River and the Palisades that form a “magnificent natural setting of the Palisades Interstate Park” shared with the State of New Jersey.

Scenic views of the rolling countryside, found throughout the town, are highly prized by residents and visitors, as are views of rivers and streams, reservoirs, forests, historic sites and structures, parks, hills and palisades, and natural areas. In some places, views along roads create a sense of place that helps define Orangetown’s community character.

Orangetown recognized the need for protecting its scenic resources in its 2023 Plan as well as the Town Code through provisions for “scenic areas” as defined in Section 8.15.C of the Zoning Law. The 2023 Plan’s Goal 3, Objective 6 states specifically that the Town should protect scenic roadways.

The Palisades Interstate Parkway is a National Scenic Parkway while the Hudson River is central to the Town’s scenic beauty, offering, recreation, tourism, water-based activities and “stunning viewsheds.” [see 2023 Plan, ]. The Town’s designated Critical Environmental Areas (CEA) have been recognized for their aesthetic attributes and were included.

The CEAs are discussed below in Part 3 of this Community Preservation Plan. Figure 2.6 shows the priority parcels for protection of Scenic Areas in Orangetown. 60 7-14-2026 9Z02-FIL-Z 19 SOLNOlig eily D1NSOS 1o'g oNBIY rauonuuniindn ee uncanny an prelesieare woof Core $f9 aroisdy SAY NVIGNERS.

ae ‘ ooo Aqyoug 10007 [5 Aposg unipew [HE $]291Ng AjoUg DeTy D1Ue25 Sutiosg svery o1ueag Ud[d UOYDOAIasaig AUNLIWOD UMOJSHUDIO JO UMOL unojaGunig sO UMOL NV 1d NOILVAYUSSSYd ALINAWWOD COMMUNITY PRESERVATION PLAN Town of Orangetown 7.

BIODIVERSITY Biodiversity is formally defined by the Convention on Biological Diversity (CBD) as: “The variability among living organisms from all sources including, among others, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems,”9 According to the United Nations: “Wature is declining globally at rates unprecedented in human history — and the rate of species extinctions is accelerating with grave impacts on people around the world now likely...

The health of ecogystems on which we and all other species depend is deteriorating more rapidly than ever. We are eroding the very foundations of aur economies, Livelihoods, food security, health and quality of life worldwide.

Protecting intact ecosystems supports the natural environment for important human life support systems such as climate moderation, oxygen production, soil formation, nutrient transformation, and production and decomposition of organic matter, all of which are needed to sustain human livelihoods and well-being.

According to the United Nations, “Biodiversity and ecosystem services provide food, medicines, fish and timber products as well as biomass, energy and water- related services that people need for their livelihoods and well- being. Too often, the use and management of these provisioning services has failed to focus on conserving the ecosystems providing them.

This has resulted in the degradation of regulating and supporting services that are important for overall system functioning and long-term resilience to change and therefore to human well-being...Protected areas are seen by many as the core means of preventing ongoing losses of species and habitats.

” The protection of wildlife habitats through acquisition of lands or conservation easements on lands where such habitats exist will move Orangetown towards meeting International goals as well as goals established by law in the State of New York in 2022. Known as 30 by 30, the effort is aimed at conserving at least thirty percent of New York State’s lands and waters by 2030.

On December 23, 2022, Governor Hocul signed Assembly Bill A5380B and Senate Bill $6191, which amended the New York State Environmental Conservation Law by setting this conservation goal for New York State.

The goal includes a series of efforts to address the biodiversity and climate issues in the state’s land acquisition policy for preserving and increasing biodiversity, including habitat restoration, with a focus on habitats of endangered and threatened species and resilient and connected lands and corridors providing the means for wildlife migration and habitation.

While forests and trees are the dominant type of natural land cover in Orangetown and the region overall, there are many other types of natural land cover that provide resources and habitats for wildlife, both generalist species as well as species adapted specifically to those less common. environments.

In particular, meadows with native forbs and grasses are important not only for the plants that need such open spaces but also for many bird, pollinators, and reptiles that make use of them, Figure 2.7 rates parcels on whether wildlife habitats are present in their bounds.

This includes significant biodiversity Areas (SBAs) and New York State Natural Heritage Program Important Areas for Rare Animals, Rare Plants, and Aquatic Animals.

Important Areas include the specific locations where the animals, plants, and/or ecological communities have been observed, 62 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown but go beyond these to include additional habitat for rare oN S' animal and plant populations, including areas which may a) * S be used by rare animals for breeding, nesting, feeding, ’ Py \ roosting, or over-wintering.

Also included are areas that support the natural ecological processes critical to maintaining the habitats of rare animal and plant populations, or critical to maintaining these significant communities.

The Natural Heritage Program has documented Significant Natural Communities, which are locations of rare or high-quality wetlands, forests, grasslands, ponds, streams, and other types of habitats, ecosystems, and ecological areas, ~ ‘i In addition to the above, Figure 2.7 shows areas identified for climate resilience by The Nature Conservancy in Orangetown.

The Nature Conservancy created a “Resilient Land Mapping Tool” as part of their Resilient and Connected Network. The Network consists of representative climate-resilient sites designed to sustain biodiversity and ecological functions into the future under a changing climate.

The network was identified and mapped over a 10-year period by Nature Conservancy scientists using public data available at the state and national scale, and an inclusive process that involved 289 scientists from agencies, academia, and NGOs across the US. The Network is significant because scientists have called for the conservation of well-connected systems of protected areas covering 30% to 50% of the planet.

The Network is designed to represent all habitats, while anticipating and facilitating changes in species composition. The network is based on principles of representation, resilience, connectivity, and recognized biodiversity value, with each factor mapped in a way that anticipates climate change.

Orangetown’s residents and officials have consistently supported protection of the community’s natural environment, in the official policies of the Comprehensive Plan, planning studies supporting the Comprehensive Plan, and in the Town’s Zoning and other land use controls.

The Town’s planning program has resulted in significant progress towards protection of habitats and natural areas through a large parks and recreation system. Intact forests and woodlands are vital for the multiple benefits they provide communities. From wildlife habitat and clean water to climate moderation, forests help maintain water quality while creating wildlife travel corridors.

Conserving Orangetown’s forests and woodlands and the connections between them will help sustain the rich diversity of forest plants and animals and the numerous other benefits that forests provide residents. Large intact forests are impertant because fragmentation of forests by new roads and development into smaller forested and woodland areas is a leading driver of biodiversity loss.

Fragmentation decreases forest habitat quality, disrupts wildlife movements, and 68 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown facilitates the spread of invasive species. Avoiding further fragmentation of forested areas helps conserve the integrity and value of ecologically significant forests and woodlands.

The parcel spreadsheet in Appendix A reflects the data, mapping, and other information that is available to guide Orangetown in attaining its vision to protect the natural environment as an essential component of its community character. Figure 2.7 shows priority parcels for Biodiversity in Orangetown including climate resilient areas.

64 7-14-2626 COMMUNITY PRESERVATION PLAN Town of Orangetown Town of Orangetown Community Preservation Plan Biodiversity Scoring Blodiversity Priority Parcels BBL ign Prosity Pe Medium Prority { Lower Priority cl Parks a a8 , Miles GREENPIAN me Upstate Gs Per Baca Sermons Date otter venigaton ortega eetarcinations Figure 2.7: Biodiversity Priorities 65 7-14-2926 COMMUNITY PRESERVATION PLAN Town of Orangetown D.

CALCULATION OF COMPOSITE SCORES Given the criteria described above, parcels needed to be summarized or prioritized according to their characteristics. As discussed above, each of the seven resource categories, parcels are ranked into tiers (High, Medium or Low), and then those tiers are translated to a three point scale which are added together to get the composite score for each parcel.

The total, or composite score, is the sum of these tiered category scores. Using a standard deviation distribution the composite scores are divided into four priority categories: Highest, High, Medium and Lower. This allows the town to visually compare parcels across the Town, as shown on Figure 2.

8, for their relative importance for meeting conservation goals, The Table in Appendix A breaks out all the individual scores as well as the tier scores and final composite scores for those interested in specific parcel details. E.

USE OF CONSERVATION SCORES The Community Preservation Plan does not attempt to spell out how the Community Preservation Plan Advisory Board, should they be established, will select parcels for use of the funds deposited into the Community Preservation Fund. That will be done on a parcel- by-parcel basis by the Advisory Board.

But this Community Preservation Plan provides a decision-support tool for prioritizing protection efforts for a potential future Town of Orangetown Community Preservation Plan Advisory Board, and its other Boards and Commissions. Any property identified in the Community Preservation Plan could be theoretically eligible for funds in any given year provided sufficient revenues are available.

The Plan can help direct the Advisory Board to high-scoring properties based on total conservation score or the highest scores within a preservation category, such as drinking water. The conservation scores can serve as focus areas for initial research and outreach to landowners.

Scoring from the plan will provide a starting point for evaluating candidate properties for preservation, but additional information could also be gathered. It’s possible that important attributes of a property are not reflected in the parcel score, but a low score would not prohibit the Town from pursuing a preservation project as long as the property is listed in this Plan.

The Advisory Board may also seek to collaborate with land trust partners such as the Open Space Institute, Scenic Hudson, and other land trusts. In addition to staff expertise, these partners may help to leverage additional state and federal funding sources and private donations to achieve larger conservation projects and priorities. Figure 2.

8 shows Overall Parcel Scoring that is a composite of the previous seven maps.

66 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown Town of Orangeiown Community Preservation Plan Overall Parcel Scoring Overall Priority Parcels BB Bighest Picdty Bl Bich Provty $B Meciorn Ponty EE] Lower Priority (] Parks ° 08 iy Miles, GREENPIAN iseare OS ipstate amr Fes hanning Puapnes Oe fet eo nedaaton er iegal oslermineront Figure 2.

8: Overall Preservation Priorities 67 7-14-2026 COMMUNITY PRESERVATION PLAN own of Grangetown PART 3: EVALUATION OF AVAILABLE LAND USE PROTECTION TECHNIQUES A.

OVERVIEW The following identification and evaluation of alternative land use tools and techniques, to protect the Town of Orangetown’s community character described in Parts 1 and 2, focuses on other strategies that have been adopted or are available to the Town.

The identification and evaluation assesses 14 different planning tools for the seven priority Preservation Categories identified in Parts 1 and 2 of this Community Preservation Plan. Table 3.1 provides a complete listing of the existing land use controls and related. alternatives available to Orangetown for protecting its open space, natural and cultural resources. Table 3.

1 identifies each technique by the corresponding Chapter or Section of the Town Code or the source of the control. In Table 3.2, each technique is also assigned an identification number to assist with interpretation of the matrix evaluating the effectiveness of land use alternatives for the Priority Preservation Category areas. Table 3.

2 uses a numerical index (with a1, 2, or blank space) to indicate the land-use control or strategy to be employed as a primary or secondary land protection strategy identified in this Community Preservation Plan.

It should be noted that the eventual application of any land use control or strategy used as an alternative to the Community Preservation Fund, particularly those involving voluntary fee simple acquisition or the purchase of development rights, will be negotiated or structured on a case-by-case basis. Combinations of land use controls or strategies identified may also vary by parcel or project.

For instance, the purchase of development rights is, as a general rule, coupled with a conservation easement that extinguishes the development rights on a parcel or parcels of land. Table 3.2 shows the results of the analysis for each protection technique and how effective it is for the Preservation Category priorities.

The absence of any ranking indicates that the land use protection technique has limited or no value to a specific Preservation Category area or parcel. On a case-by-case basis, individual circumstances and/or property conditions may exist that are beyond the scope of this evaluation.

Such conditions or 68 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown circumstances could further alter the level of priority or the potential for application of a particular land use protection method. A total of 11 different land use controls, to protect natural resources and community character, have been enacted to date by the Town of Orangetown.

Three (3) additional classes of land use protection alternatives, that are also relevant to protection of the Town’s community character, have been identified and described for their effectiveness. Two of the alternatives involve fee simple acquisition and private conservation strategies.

The third tool is not considered a land use control per se but is an additional layer of protection related to development approvals and decision-making processes of State, regional, and local government agencies within the Town that must be satisfied during the SEQR review processes. This tool is the Critical Environmental Area (CEA) designation.

The CEAs are subject to a detailed examination of the effect of a proposed plan or project on the quantity and quality of the designated CEA. Three CEAs in the Town have been designated by the Village of Piermont and one by the Village of Grand View-on-Hudson. Orangetown’s CEA areas are described below in Subsection 14 together with a detailed discussion of how the CEA process works in New York State.

The tools and techniques described below can be used either individually or strategically together with the Community Preservation Fund, to maximize both public and private benefits to the community and to further implement Orangetown’s land use goals. Following the list in Table 3.1 below is a swnmary discussion of each land use alternative with the Table 3.2 analysis following. Table 3.

1: Existing Land Use Controls and Strategies to Protect Community Character Table 3.

2 ‘own Code Chapter & Section | Section Title IDNo, | L 82 Architecture and Community Appearance Board of Review 2 §6A Building, Zoning and Planning Administration 3 §1iB Environmental Quality Review 4 §12 Historic Areas 5 $148 Flood Damage Prevention 6 $18A Historical Areas Board of Review 7 §19 Historic Road Preservation 8 § 21 Land Development 69 7-14-2026 COMMUNITY PRESERVATION PLAN Lown of Orangetown Table 3.

1: Existing Land Use Controls and Strategies to Protect Community Character Town Code Chapter & Section Section Title 9 821A Site Development Plan Approval w g30D | Sediment & Erosion Control i 843 Zoning Law Town Community Preservation Fund Town Bond Financing Town Dedicated Capital Reserve Fund County, State and Federal Funds 2 Fee Simple Acquisition U.S. Dept.

Of Agriculture Intergovernmental Transfers Special Assessment Districts Public/Private Partnerships Combinations of the Above Conservation Easements Public Access Easements Trail Easements Tax Exempt Installment Sale 18 Private Land Conservation | Bargain Sale/Land Donation Strategies Like-Kind Exchange Limited Development Family Limited Partnership Charitable Remainder Trust Combinations of the Above Critical Environmental Areas pursuant to Article 8 of the Environmental Conservation Law and the SEQR Regulations at 6 NYCRR 61714(g) vA Designated Critical Environmental Areas (CEA) 70 7-14-2026 COMMUNITY PRESERVATION PLAN, Town of Grangetown B.

AVAILABLE LAND USE PROTECTION ALTERNATIVES The following is a summary of the Town of Orangetown’s available land use alternatives: to protect community character, including but not limited to: (a) fee simple acquisition, (b) zoning regulations, including density reductions, cluster development, and site plan and design requirements, (c) transfer of development rights, (d) the purchase of development rights, and (e) scenic and conservation easements.

(see New York State General Municipal Law, Chapter 24, Article 2, Section 6-s.6). 1. CHAPTER 2, ARCHITECTURE AND COMMUNITY APPEARANCE BOARD OF REVIEW The Town Board of Orangetown created the Architecture and Community Appearance Board of Review (ACABOR) in 1965. Its primary function is the review of applications for building permits or land development permits such as subdivisions and other land use developments.

Agencies of the Town must refer all applications for permits to the ACABOR and a decision on the application must be made within 30 days or the referral will be deemed to be approved.

Decisions of the ACABOR are considered recommendations and such recommendations must be based upon the following criteria that may be “so detrimental to the desirability, property values or development of the surrounding area as to provoke one or more of the harmful effects” : A.

“The repeated and adjacent use of identical or nearly identical facades or structures arranged without respect to natural features of terrain or other existing structures. B.

Jnappropriateness of a structure or land development in relation to any other structure or land development existing or for which a permit has been issued or to any other structure or land development included in the same application with respect to ane or more or the following features:” including building measurements, size, height, signs, and other design features like materials proposed, quality, roofs, chimneys, mechanical equipment, landscaping, retaining walls, parking and loading docks, fences, lighting, and signage.

Single-family and two-family dwellings as well as residential accessory structures are exempt from the review requirements of ACABOR, unless they are located within a Town historic area (i.e. the hamlets of Tappan and Palisades), in which case, the application is referred to the Historic Area Board of Review.

Public Hearings may be scheduled on the application with formal written notice sent to other owners of property within 200 feet of the application parcel(s). (See Table 3.2) 71 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown.

2. CHAPTER 6A: BUILDING, ZONING AND PLANNING ADMINISTRATION Chapter 6A of the Town Code was created in 1968 for the purpose of integrating the functions of multiple agencies and 11 different Town Code Chapters inte one Office of Building, Zoning and Planning Administration and Enforcement (the Office).

Some of the functions were determined to have a shared responsibility with the Town Clerk’s office and the Town’s Fire Prevention Bureau. In addition to Administration, the Office was also charged with enforcement of the Chapter so administered.

The Chapters of the Town Code that were allocated to the Office include the following: Chapter 6, Building Construction Administration Chapter 8, Demolition of Buildings Chapter 11B, Environmental Quality Review Chapter 14B, Flood Damage Prevention Chapter 21, Land Development Regulations Chapter 21A, Site Development Plan Approval Chapter 23A, Parking Areas Chapter 28, Planning Services Department Chapter 33, Swimming Pools Chapter 37, Unsafe Buildings Chapter 42 and 43, Zoning Portions of the New York State Uniform Fire Prevention and Building Code that are not enforced by the Town’s Fire Prevention Bureau.

While Chapter 6A is not a land use control per se, the agency created by this Local Law has the effect of ensuring that the multiple functions of Town agencies related to land development are closely coordinated, administered and enforced.

These include the Planning Board, the Zoning Board of Appeals, the Architecture and Coramunity Appearance Board of Review, the Shade Tree Commission, the Orangetown Historic Areas Board of Review, the Citizens Zoning Advisory Committee and such other boards, agencies and advisory committees as may hereafter be created by the Town of Orangetown dealing with planning and zoning in the Town.

The effect of creating the Office and its responsibilities under Chapter 6A were determined to provide: “more adequate service...to the public..."including more effective administration of Orangetown’s land use controls for protecting community character. (See Table 3.2) 72 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown

3. CHAPTER 118: ENVIRONMENTAL QUALITY REVIEW Chapter 11B was adopted in 1978 in response to enactment by the New York State Legislature of Article 8 of the Environmental Conservation Law, the State Environmental Quality Review Act (SEQR. The Local Law was designed to require compliance with SEQR.

including Part 617 of Title 6 of the Official Compilation of the Rules and Regulations of the State of New York by all applicable agencies of the Town including departments, boards, committees, agencies, commissions, offices or employees of the Town. Chapter 11B does not change the requirements of SEQR as they have been amended and updated several times since Article 8 was enacted in 1975.

However, Chapter 11B does include 10 additional Type II actions pursuant to 6 NYCRR 617.5(b). Type I actions are considered actions that have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review under SEQR. The additional Type Il actions are as follows: A.

Changes in the Bulk and Use Table of the Zoning Code Zoning district changes Building permit applications Demolition of structures Public parking areas Certificate of occupancy applications Salt spreading and snowplowing by the Town Department. of Highways. Maintenance or clearing of streams or drainage ditches not otherwise requiring a permit from another agency.

al Any variance applications to the Zoning Board of Appeals relating to bulk and use requirements. J. Road opening permits for the installation of sewers or gas, water or underground electric services. It should be noted that Chapter 11B’s list of Type II Actions may in some cases conflict with certain actions listed in the Type | action list found in 6 NYCRR 617.4.

This is because some Zoning changes meeting specific thresholds may be subject to SEQR’s list of Type | actions, therefore requiring a SEQR environmental review. Some Town Type II actions may be determined to have a significant adverse impact on the environment based upon the criteria for determining significance listed in 6 NYCRR 617.7(c) of the SEQR Regulations.

Finally, other agencies are not subject to the Town’s list of Type I actions in accordance with 6 NYCRR 617.4(c). (See Table 3.2) 73 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown 4, CHAPTER 12: HISTORIC AREAS In 1997 the Town Board adopted Chapter 12 of the Town Code, which established two historic hamlet areas, Tappan Historic Area and the Palisades Historic Area (Areas).

Both hamlets were determined to be valuable assets to the Town and: *Of such historic value, by reason of places, buildings and other objects which relate to the early colonial history of the Town of Orangetown and the County of Rockland, to the days of the American Revolution, to the development of the Town of Orangetown and of Rockland County through the 19th eentury and to the end of World War I, that these areas should be protected by action of the Town Board.

The historic buildings, places and other abjects within these areas are symbols of this rich heritage, giving them an aspect and appearance reminiscent of an earlier time. It is the purpose and intent of this local law to protect these places, buildings and other objects and thereby preserve the overall historic look and character within the Tappan and Palisades Historic Areas for future generations.

” The legislation included maps of the boundaries of the two Historic Areas, assignment for responsibility to a Historic Areas Board of Review (HABR) under Chapter 18A of the Town Code, and establishment of rules for reviews and approvals of alterations of buildings and structures within the two Areas.

These include proposed changes in the exterior design or appearance of historic structures and buildings, reviews of applications for building permits in the Areas, and approval or disapproval of applications or plans proposed for changes, additions, or new construction within the Areas. Demolition of certain structures within the Areas are subject to review by the HABR including a public hearing.

Chapter 12 establishes separate uses permitted within the two Areas based upon specific Zoning Districts unique to the Areas, identifies specific uses that are excluded from the Areas, and amends the General Bulk Regulations of the Zoning Law that pertain to certain uses.

The intent of the Chapter-12 is: “Zo preserve and extend the public welfare by preserving the characteristics of the historic areas in the Hamlets of Tappan and Palisades.” (See Table

3.2)

5. CHAPTER 14B: FLOOD DAMAGE PREVENTION Chapter 14B was adopted in 1987 and has been amended and updated several times since then.

To qualify for and maintain its participation in the National Flood Insurance Program, the Town of Orangetown regulates land uses which are dangerous to public health, safety, and property due to flood waters or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities among other purposes.

Chapter 14B requires regulation of uses that uses vulnerable to floods, including facilities which serve such uses: 74 7-14-2626 COMMUNITY PRESERVATION PLAN Town of Orangetown a) be protected against flood damage at the time of initial construction; b) controls the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters; c) controls filling, grading, dredging and other development which may increase erosion or flood damages; and d) regulates the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

The program prohibits new structures in the Floodway zone except when specific conditions are in place including no increase in the water surface elevation of the base flood more than one foot at any location or when a revision to the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps is applied for and received from FEMA.

The Local Administrator of the Flood Damage Prevention Law is the Director of the Orangetown Office of Building, Zoning, Planning Administration and Enforcement and such Director is authorized to grant or deny floodplain development permits in accordance with the requirements of Chapter 14B, among numerous other related duties authorized by Chapter 14B.

The Town Zoning Board of Appeals is also granted the authority to hear and decide on appeals from a decision of the Director as well as requests for variances from the requirements of Chapter 14B.(See Table

3.2)

6 CHAPTER 18A: HISTORIC AREAS BOARD OF REVIEW The Orangetown Town Board adopted Chapter 18A in 1968 and amended it several times through 2025. The purpose of this chapter is to establish one Board, the Orangetown Historical Areas Board of Review (HABR) for the review of applications subject to Chapter 12 in Tappan and Palisades hamlets as described above under the Chapter 12 discussion.

Chapter 18A includes a listing ofall duties and functions assigned by Chapter 12, establishes terms of office for its members, sets the qualifications required for members of the HABR, their terms of office, and establishes the administrative rules under which the HABR operates.

(See Table 3,2) 7, CHAPTER 19: HISTORIC ROAD PRESERVATION Chapter 19 was enacted by the Town Board in 1993 to: 1) designate, protect, preserve and maintain certain roads within Orangetown which qualify as historic roads; 2) set criteria for designation of roads within the Town which qualify for designation; and 3) provide for the educational, cultural, tourism/recreational, environmental, aesthetic, economic and general welfare benefits which are derived from historic road preservation.

To be designated, roads identified as Historic Roads must have historical value or aesthetic 75 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown interest by reason of its antiquity as a cultural or heritage resource to the Town, the county, the state or country, must meet specific criteria for designation, must possess specific integrity as defined in Chapter 19, and may be nominated by “any interested person’ filing a written application to the Town Board.

While designation of historic roads in Orangetown is not a land use control per se, to be designated, a historic road must possess: “sufficient land on either side of its corridor to preserve all the significant historical or cultural features associated with the road and to be able to preserve such additional lands as may be needed to protect the historie scene of the road and provide unobtrusive buffers.

” Thus Chapter 19 may be used in conjunction with the Town’s land use controls and if approved the Orangetown Community Preservation. Fund, to protect the historic settings of parcels along designated historic roads. However, additional protections by the Town, through a local historic preservation law, would be necessary in order to use Community Preservation Funds as discussed above.

Once designated, historic roads are subject to maintenance practices that are designed to: “Preserve, to the highest degree possible, the historic and scenic features of all such designated roads while ensuring the general safety of the traveling public...

” through prohibitions on specific changes such as widening, straightening or changes to grade, removal of stone walis, bridges, and mature trees or paving existing unpaved historic roads. A Certificate of Appropriateness must be issued by the Town Board before any significant changes can be made to designated historic roads. (See Table

3.2)

8 CHAPTER 21: LAND DEVELOPMENT Chapter 21, Orangetown’s Land Development Regulations (Subdivision), were adopted by both the Town Board and Town Planning Board in 1967 and amended several times through 2008 by Local Laws. The Planning Board is authorized to review and approve or disapprove proposed subdivisions of land and this includes a Zoning Law requirement at § 43.10.

42 for a map or plan of the subdivision to be approved by the Planning Board before any building permit may be issued. The Planning Board is also authorized to approve a cluster development (also known as cluster subdivision or conservation subdivision) as defined in New York State Town Law § 278.2.

(a) for the purpose of enabling and encouraging “Hexibility of design and development of land in such a manner as to preserve the natural and scenic qualities of open lands.” The intent of the Subdivision Regulations is to create a plan for the orderly, efficient and economical development of the Town.

The two types of subdivisions addressed in Chapter 21, conventional subdivision and cluster subdivision, each have additional requirements for approval, such as preservation of scenic areas and open spaces. The Planning Board is further authorized to require a conservation easement as a condition of Planning Board approval of a cluster subdivision.

The conditions under which the Planning Board may require a conservation easement on the open space in a cluster subdivision are as follows: "6 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown * Real property with unique scenic value in the Critical Environmental Area; + Any land under water; + Any land within a freshwater wetland; + Land subject to flooding or within the one-hundred-year-frequency floodplain; * Land with slopes (unexcavated) of over 25%; and * On any other real property for the purpose of protecting environmentally sensitive land, or to otherwise protect the environment or land due to special characteristics or the character of the neighborhood wherein subdivision is sought.

While all proposed subdivisions must meet the Town’s design and development standards, cluster subdivisions also allow for flexibility of design and development based upon the Town’s Table of General Bulk Regulations (see Chapter 21, § 3.12).

In this case, minimum lot sizes, setbacks (yards) and other bulk requirements are modified by the Planning Board to minimize the amount of land required for roads and utilities, to maintain the natural and scenic qualities of open lands, to preserve areas of ecological significance in a natural undeveloped state and to be set aside as permanent open space.

The number of dwelling units or building lots permitted in a cluster development of detached one-family dwellings can never exceed the number which could be permitted if the land were subdivided into lots conforming to all normal requirements of the Zoning Law, Land Development Regulations, and other land development controls.

Typically, a sketch layout of a conventional subdivision must be prepared first and submitted to the Planning Board by the applicant. The layout must include topographic and other information as may be required by the Planning Board to assist in making its determination of the total number of lots permitted based upon the density allowed in the Zoning District(s) where the parcel is located.

The conventional subdivision plan becomes the basis for a lot count of the total number of lots that may be approved in a cluster subdivision.

All subdivisions are reviewed under the standard procedural requirements of New York State Town Law requiring specific documents to be submitted for review, compliance with SEQR, compliance with Town subdivision design standards, setting aside of land for parks and recreation or the payment of a recreation fee, the holding of public hearing(s), and the filing of documents. (See Table

3.2)

9. CHAPTER 21A: SITE DEVELOPMENT PLAN APPROVAL The Orangetown Town Board adopted Chapter 21A in 1983 in a Local Law that requires Planning Board review and approval of new development proposed on a single lot in accordance with the Zoning Law requirements addressing the use and density of proposed uses. Chapter 214A also applies to new development subject to the Town requirements for

77 7-14-2026 COMMUNITY PRESERVATION PLAN : Town of Grangetown proposed subdivisions found in Chapter 21, Land Development. The Chapter 21A requirements are normally referred to as the Site Plan Regulations as enabled by § 274-a of New York State Town Law.

The stated purpose of the Site Development Plan requirements are: “To ensure that proposed development and use of land within the Town of Orangetown will have a harmonious relationship with existing or permitted use of contiguous land and of adjacent neighborhoods and so as to ensure that the health, safety, welfare, comfort and convenience of the public is fully considered.

” Applications for building permits for other than a single-family or two-family dwelling are referred to the Planning Board by the Office of Building, Zoning and Planning Administration and Enforcement. Such applications must include plans and other information required by Chapter 21A and where applicable, Chapter 21. The Planning Board is responsible for administration of the Site Development Plan requirements.

This includes detailed information on the following: * Traffic access and egress * Circulation and parking * Exterior lighting, which must also be approved by the Architecture and Community Appearance Board of Review + Sereening and landscaping, which must also be approved by the Architecture and Community Appearance Board of Review + Tree protection * Soil stockpiles + Soil and erosion control devices, which must also be approved by the Department of Environmental Management and Engineering + Natural and other significant features * Fire protection * Drainage * Design features, which must also be approved by the Architecture and Community Appearance Board of Review and must include: + Front, side or rear building elevations visible from a street, including the size and arrangement of doors, windows, porticos, garages, chimneys or other openings or breaks + Other significant design features, such as, but not limited to, materials, color, roof shape, exposed mechanical equipment, service and storage enclosures, signs, landscaping, retaining walls, parking areas, loading docks, dividing walls, fences and lighting posts + Facilities for storage and collection of recyclables, which must also be submitted for approval by the Town Recycling Coordinator 78 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown The Planning Board’s authorization for the review and approval of Site Development Plans includes a number of procedural and administrative requirements that are derived from New York State’s Planning and Zoning enabling laws.

These include advertising and holding public hearings on applications, referral to the Rockland County Department of Planning (Rockland County Planning Board) for certain parcels meeting the requirements of Section 239 of New York State General Municipal Law, referral to other Town agencies where required including the Architecture and Community Appearance Board of Review (ACABOR), Project Review Committee, and Department of Public Works, review under the State Environmental Quality Review Act (SEQR), and filing of approved Site Plan with the Town Clerk and the applicant, (See Table

3.2)

10. CHAPTER 30D: SEDIMENT & EROSION CONTROL The Orangetown Town Board adopted Chapter 30D to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of Orangetown residents.

This purpose can be achieved by meeting the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No.

GP-02-02; requiring that land development activities conform to the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01; and minimizing other conditions as specified in Chapter 30D.

The Stormwater Management Officer (SMO), the Town Board, the Planning Board or the Zoning Board of Appeals cannot approve any land development activity under their respective jurisdictions until a stormwater pollution prevention plan (SWPPP), prepared in accordance with the specifications, has been approved.

Allland development activities subject to review and approval by the Town Board, Planning Board and/or Zoning Board of Appeals of the Town of Orangetown under subdivision, site plan, and/or special permit regulations shall be reviewed subject to the standards contained in Chapter 30D.

Other land development activities not subject to review under Chapter 30D must submit a SWPPP to the SMO, who must approve the SWPPP if it complies with the Chapter 80D requirements. (See Table

3.2)

1. CHAPTER 43: ZONING LAW The principal tool used for land use control in Orangetown is the Zoning Law. Zoning Local Law No. 4 of 1969 was originally adopted and has been amended on numerous occasions by the Orangetown Town Board.

Zoning is the primary tool used to implement Orangetown’s Comprehensive Plan and to protect and promote: “The public health, safety, morals, 79 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown comfort, convenience, prosperity and other aspects of general welfare, particularly of the Town...

” Section 43-1 states the purposes of Zoning is to also: “Further the purposes set forth in Article 16 of Chapter 62 of the Consolidated Laws of the State of New York” in the following ways: 1.

“To guide the future development of the Town in accordance with a Comprehensive Plan of Land Use and Population Density, so that the Town may realize tts potentialities as a place to live and to work, with the most beneficial and convenient relationships among the residential, commercial and industrial areas within the Town, and with due consideration to the peculiar suitability of each of these areas or various uses and to existing conditions and trends in population, economic activity, land use and building development.

2. To encourage an orderly pattern of residential development around existing communities in the Town in order to tacilitate the adequate provisions of schools and other public services on an economical basis and to avoid the disorderly and blighting pattern of development and the unnecessarily high costs of public services resulting from scattered developments unrelated to each other. 3.

To provide suitable area for desirable commercial and industrial development along major transportation facilities within the Town and ta reserve the best industrial land for industrial use in order to promote the grawth of emplayment conveniently located for residents of the Town and to facilitate the adequate provision of public services on an economical basis. 4.

To bring about the gradual conformity of the uses of buildings and land throughout the Town to this Comprehensive Plan for the Town’s development. 5.

To help bring about the most beneficial relation between the uses of buildings and land and the circulation of traftic through and within the Town, with particular emphasis on providing adequate, safe and convenient access for traffic to the various uses of buildings and land throughout the Town and on avoiding traffic congestion in the streets and highways in the Town. 6.

Yo protect and conserve the value of land and the value of buildings appropriate to the various districts established by this code.” Orangetown’s Zoning Law is comprehensive in its many purposes, There are numerous sections within the Zoning Law that specify regulations meant to address land uses and conditions which may impact any of the purposes listed above.

Sections relevant to this Community Preservation Plan are described as follows. 80 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown HUDSON RIVER VALLEY GREENWAY The Hudson River Valley Greenway Act of 1991 (Greenway) created a process for voluntary regional cooperation among the 264 communities within 13 counties that border the Hudson River. Orangetown joined the Greenway by Town Board Resolution No.

128 on February 26, 2001. The intent is for the Town to be a part of the Greenway Compact, which is available generally on a county-by-county basis. Rockland County is currently seeking this additional feature of the Greenway to become a Greenway Compact County.

In 2012, the Hudson River Valley Greenway Communities Council adopted Rockland County’s comprehensive plan, “Rockland Tomorrow” as Rockland’s Greenway Compact Plan.22 The County is currently in the process of updating its 2011 Rockland Tomorrow Plan with “Envision Rockland” in a 2025-2026 Update.

Becoming a Compact Community requires that a municipality adopt a local law amending the local zoning law to state that consideration will be given to Rockland County’s comprehensive plan policies when certain land use decisions are made. While the County is updating the 2011 Plan, it is not expected that such Plan will be adopted by the Legislature before this Community Preservation Plan is adopted.

Thus, policies from the 2011 Rockland Tomorrow Plan, that are relevant to this Community Preservation Plan, have been included as follows:

LAND USE AND SUSTAINABILITY: + Conserve open space. + Promote conservation (cluster) subdivision design to help conserve valuable and sensitive open space. + Encourage smart growth, while preserving quality-of-life and existing community and neighborhood character.

TRANSPORTATION: + Promote integrated vehicular, mass transit, paratransit, bicycle, and pedestrian transportation infrastructure for an efficient network of roadways, railways, and pathways. * Enhance mobility and accessibility in order to provide greater choices of travel for all, including the growing aging population.

* Work to reduce dependence on the automobile as the major mode of ground transportation and increase the use of public transport. + Promote and enhance safety for motorists, pedestrians and cyclists. 81 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown NEIGHBORHOODS, HOUSING, AND SERVICES: + Expand housing opportunities for Rockland County’s diverse population.

* Promote high-quality residential communities with a range of appropriate densities. * Work with municipalities to protect historic resources and support cultural uses + Ensure that educational and community facilities and services adequately and. equitably serve Rockland County’s current and projected population.

OPEN SPACE AND ENVIRONMENT: * Improve parks and expand open space in high-density areas. + Provide recreational resources serving the diverse needs of the population. + Preserve and protect farmland and historic, cultural, and water resources. + Ensure physical and visual access to the Hudson River.

Joining the Greenway Compact is not a land use control per se, but as a member, Orangetown can take advantage of numerous benefits of Greenway membership, including indemnification from lawsuits brought against communities because of the acquisition of land or the adoption of local land use regulations consistent with a regional Greenway Plan such as Rockland’s.

Greenway Compact membership also strengthens the SEQR review processes for Orangetown’s land use approval boards and commissions in their review of applications for development approvals during the State Environmental Quality Review (SEQR) reviews.

Finally, State agencies must, “to the fullest extent practicable,” coordinate their activities with Greenway Compact communities and conduct their activities in a manner consistent with the Greenway Compact. USE AND BULK TABLES Orangetown’s Zoning Law has established Zoning Districts according to uses and densities appropriate to the district.

The Town’s Rural Residence (R-80) District sets density standards between two and five acres dependent upon the use. While this does not result in land preservation per se, when coupled with the cluster development rules found in Chapter 21 Land Development, as discussed above, the preservation of meaningful open space approved by the Planning Board can occur as part of the application for subdivision approval.

Such open space can include: * Real property with unique scenic value in the Critical Environmental Area; + Any land under water; + Any land within a freshwater wetland; + Land subject to flooding or within the one-hundred-year-frequency floodplain; * Land with slopes (unexcavated) of over 25%; and 82 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown * On any other real property for the purpose of protecting environmentally sensitive land, or to otherwise protect the environment or land due to special characteristics or the character of the neighborhood wherein subdivision is sought.

Land preservation is also possible in the Low-Density Residence (R-40) District if a cluster development is approved by the Planning Board as part of subdivision plat approval. In the R-40 District, densities can vary by use from two to four acres providing a further opportunity for preservation of open space with the above noted characteristies.

While possible with many of the Town’s other Zoning Districts, open space preservation could also oceur but with more limited opportunities for significant open space preservation in the community. CRITICAL ENVIRONMENTAL AREAS As discussed below under Section 14, Critical Environmental Areas have been designated in Orangetown.

Two of them, the Upper Grandview and Environs and South Nyack Mountainous Area CEA and the Hudson River CEA are further protected by their inclusion in the Zoning Law.

In these areas, consistent with the Zoning Law’s conditional and special use requirements, any site plan submitted for development in the CEA must be accompanied by additional site plan data, regulations, and development criteria that apply as part of the development approval processes so that more concerted review and approval of proposed projects respects the unique and exceptional characteristics of such areas to Orangetown’s community character.

OVERLAY ZONING DISTRICTS Orangetown’s Zoning Law includes several Zoning Overlay Districts. Such areas are defined in the Zoning Law by identifying a special resource or area that is subject to new provisions that apply only in that area in addition to the provisions of the remainder of the Zoning district. These provisions are generally more restrictive than the underlying Zoning district rules.

The district is called an overlay because this district’s boundaries are superimposed on the Zoning map’s district designations and an overlay can be coterminous with existing Zoning districts or contain only parts of one or more districts. In Orangetown, the Route 303 Overlay Zoning District is designed to: “Promote the natural environment and vistas that serve as home to the Town...land]...

complement the Town’s vision, as well as the vision of the Route 303 Sustainable Study...[and]...a special Tappan Historic Area District deserving of special protection, based upon historical occurrences during the Revolutionary War, extends along or parallel to the eastern and primarily western portions of Route 308 south of Kings Highway.

” The Route 303 Overlay Zoning District has also been designed to best reflect the Route 303 Sustainable Study’s environmental, aesthetic and community character issues and through harmonious groupings of compatible and complementary land uses and the application of development standards.

All new development in the Route 303 Overlay Zoning District including 83 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown rezoning, subdivisions, land development, buildings or structures approvals or permits is subject to the Overlay’s additional rules. Such rules have been crafted so they address both residential and nonresidential uses.

The Sparkill Hamlet Center Overlay Zoning District is another section of rules that apply in this area of the Town in an effort to preserve and enhance the hamlet’s: “Existing distinctive features, attributes and characteristics, especially its uniqueness, charm, guaint character and scenic qualities.” Here, additional rules supplement the underlying Zoning district’s provisions.

The requirements pertain to residential designs and the control of nonresidential nuisances. Special setbacks, parking, lighting and signage rules apply with issuance of a special use permit required following Town Board approval. 12.

FEE SIMPLE ACQUISITION The use of public and private fanding sources will remain one of the primary alternatives for protecting critical open space resources defined by various plans and strategies.

In conjunction with the potential for the establishment of a Community Preservation Fund through a real estate transfer tax, efforts should continue to be pursued te link the various available public sources of funding for fee simple acquisition with private strategies designed to establish financial incentives to encourage land preservation. 13.

PRIVATE LAND CONSERVATION STRATEGIES There are many land conservation strategies that focus on protecting private lands without a change in ownership. Conservation easements are a significant strategy available to assist landowners and such strategies can provide tax, estate and related financial benefits while extinguishing development rights.

Every effort should be made to couple private land conservation strategies with public land use alternatives to maximize public investment and expand conservation efforts. A technique available to the Town and to private landowners to conserve private lands is a Transfer of Development Rights (TDR) program.

This is an additional tool the State’s Community Preservation legislation requires that it “study and consider” once a Community Preservation Fund is established, pursuant to Section 26]-a of Town Law. A TDR program is a voluntary, market-driven growth management tool that permits higher intensity development in designated “receiving” areas in exchange for land or resource preservation in designated “sending” areas.

Under TDR, a nmnicipality establishes baseline development rights for both sending and receiving areas. To exceed these baseline development limits, owners in receiving areas must purchase unused development rights from owners in sending areas. 84 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown

14.

CRITICAL ENVIRONMENTAL AREA DESIGNATIONS: STATE ENVIRONMENTAL QUALITY REVIEW ACT The State Environmental Quality Review Act (SEQR) was enacted in 1975 and became effective on September 1, 1976. It was modeled after the National Environmental Policy Act was enacted by Congress and signed into law on January 1, 1970. Both laws were designed to create a State and National policy respectively, for the enviconment.

When it enacted SEQR, the New York State Legislature stated that its intent was: “..

to declare a state policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and enhance human and community resources; and to enrich the understanding of the ecological systems, natural, human and community resources important to the people of the state.

”"8 SEQR establishes a process to systematically consider environmental factors early in the planning stages of actions that are directly undertaken, funded, or approved by local, regional, and state agencies. By incorporating environmental review early in the planning stages, projects can be modified as needed to avoid adverse impacts on the environment.

In all environmental reviews conducted by local, regional, and state agencies, specific topical areas, such as impacts on land, air, water, traffic, community character and others are required during a SEQR review.

A Critical Environmental Area (CEA) designation for a specific area of the State provides an additional level of review during the environmental review processes, when such areas have been designated in a municipality like Orangetown. In Orangetown, there are four CEAs that have been designated under SEQR.

% A CEA is defined as an area of the state which has been designated by a local or state agency to recognize a specific geographical area with one or more of the following characteristics: a) A feature that is a benefit or threat to human health; b) An exceptional or unique natural setting; c) An exceptional or unique social, historic, archaeological, recreational, or educational value; or d) An inherent ecological, geological, or hydrological sensitivity to change that maybe adversely affected by any physical disturbance.

Once a CEA has been established, potential impacts on the characteristics of that CEA become relevant areas of concern that warrant specific, articulated consideration in determining the significance of any actions (these can be projects or physical activities that require an approval or funding, agency planning and policy making activities, or adoption of rules, regulations, or laws) that may affect the CEA.

According to New York State’s The SEQR Handbook:"5 “Often CHAs are recognized and designated because a locality sees this as an avenue to protect or ensure consideration of the resource in land use decisions.

” 85 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown However, designation of a CEA does not substitute for, nor does it provide, protection afforded by land use controls such as zoning, acquisition of conservation easements, or purchase and direct management.

Although CEAs cannot be considered as a type of development control, a finding in the environmental review process that an unavoidable adverse impact on the quantity or quality of a designated CEA may be grounds for a denial of an action, if there are no relevant social, economic and other essential considerations that balance the adverse impacts of the action.

The designated CRAs in Orangetown include the following: * Village of Grand View-on-Hudson for “Exceptional or unique character” + Palisades Slope by the Village of Piermont to “Protect open space and aesthetics” * Sparkill Creek by the Village of Piermont to “Protect open space and aesthetics” + Piermont Pier by the Village of Piermont to “Protect open space and aesthetics” C.

EVALUATION OF LAND USE PROTECTION ALTERNATIVES The evaluation of 14 available land use protection alternatives to preserve community character is a critical part of the Town’s Community Preservation Plan.

The potential application and prioritization of the land use alternatives, previously identified and described, to the seven Preservation Category areas and individual parcels will assist in maximizing the potential of the future Community Preservation Funds to accomplish the Town's preservation goals. A matrix has been constructed to assist with the evaluation and ranking of available land use alternatives.

The matrix, which appears as Table 3.2 below, assigns a column for each individual or class of land use protection alternative with an identification number from Table 3.1 listed at the head ofthe column. The matrix assigns a specific row to each of the seven Preservation Category areas and underlying categories of parcels described and mapped in Part 2 of the Community Preservation Plan.

Land use alternatives that present the greatest potential for protection of a specific Preservation Category area or underlying category of parcels or projects are assigned a number one (1).

Land use protection alternatives that may have a lower potential for application are assigned a number two (2), and alternatives with limited or no application are not assigned a ranking but are included 86 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown because they may, under certain circumstances, result in a benefit for certain priority resources.

A complete description of the methodology for identifying Preservation Category areas and projects is contained above in Part 2 of the Community Preservation Plan. It should be noted that several techniques are consistently referenced as the priority tools for preservation within each Preservation Category area.

These include Conservation Easements, Purchase of Development Rights, Fee Simple Acquisition and Private Conservation. All of these Preservation techniques rely on obtaining conservation easements or acquisition of a particular parcel. These are the most effective tools to ensure long-term protection of land. Preservation efforts however, cannot rely solely on these measures for a variety of reasons.

These include availability of funds, landowner interest in a particular technique, and the timing of various projects. Therefore, Table 3.2 describes the techniques available to the Town to supplement the priority tools available through use of Community Preservation Funds. 87 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown Table 3.

2: Town of Grangetown Community Preservation Plan: Land Use Alternatives to Protect Community Character Land Use Alternatives Table 34 Land Use Controls > | 1 2 3 4 5 6 7 8 9 | 10] | 2] 1 | 14 Recreation/Open Space 2; 1 2 2 1 1 1 1 112 Wetlands, Buffers, Riporion Corridors, Vernal Pools 1 2 | 1 1 4 1 1 1 2 Historic Properties 2 1 2,2 2/2 1 1 1 1 1 2 Greenbelis 112 1 1 1 1 1/2 Farmland 2142 1 2 21/1 1 2 Scenic Areas 2; 142 2 1] ty tid 1 | 2 Biodiversity 1 2 2 -4 1 1 1 1 2 Land Use Controls Key: 1.

Architecture and Community Appearance Board of Review 2. Building, Zoning and Planning Administration 3. Environmental Quality Review 4, Historic Areas 5. Flood Damage Prevention 6 ‘Historical Areas Board of Review 7. Historic Road Preservation 8. Land Development 9. Site Development Plan 10. Stormwater Management Th Zoning Law 12. Fee Simple Acquisition 13.

Private Land Conservation Strategies = a SEQR Critical Environmental Areas (CEAs) 88 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Grangetown ENDNOTES: \ For a discussion of Cost of Community Services studies and the economic benefits of open space preservation, see httns:// extension. uph.edu/sites/default/files/migrated unmanaged files/ResourceOO2693 Rep3977.pdi and hitps:/ library weconservepa.

org/guides/15-cost-of-community-services- studies#:~:taxt=Cost%200f%20Community%20Services%20studies%20examine%20 both%20the%20tax%2Orevenues developi ng%2Oland%20for%20other%20purposes and https:/hudson.danr.cals.cornell.edu/natural-areas-biodiversity/why-important- people 2 See httpsi//www.coopercenter.

org/national-population-projections 3 For example, in 2024, the New York State Environmental Protection Fund’s “Water Quality improvement Project (WQIP) Pragram has millions of dollars available to municipalities and not-for-profit corporations for “Land Acquisition for Source Water Protection,” Applicant's are responsible for funding a 25% match as a local share of project costs.

4 See 2003 Plan Exhibit 1, Cornmunity Structure, “Open Space Corridors” on page I-5, and Recreation and Open Space Vision and recarnmendations on pages Il and 1Hl-4. 6 Orangetown’s Community Preservation Plan and Community Preservation Fund are sometimes referred to in the document as a program, which is a Plan or system under which action may be taken toward a goal.

7 The Hudson Valley Community Preservation Act was enacted for Westchester and Putnam counties in 2007, with Ulster County added in 2019. Several municipalities in other counties have established community preservation programs under individual amendments to New York State Town Law. Municipalities on Long Island have also obtained authorization to create such programs.

8 Not more than 10% of the Fund may be used for management and stewardship of lands and interests in lands protected under the Community Preservation Fund. 9 Conservation: An Investment That Pays, The Economic Benefits of Parks and Open Space hy The Trust for Public Land, 2009.

10 The Costs of Sprawl: Environmental and Economic Costs of Alternative Residential Development Patterns at the Urban Fringe, prepared by Real Estate Research Corporation, April 1974. US Government Printing Office, Washington, DC. 1 The federal Council on Environmental Quality was created in 1969 by the Nationat Environmental Policy Act (NEPA).

The Council advises the President and develops policies on climate change, environmental justice, federal sustainability, public lands, oceans, and wildlife conservation, among other areas, The Council also coordinates the federal government's efforts to improve, preserve, and protect America’s public health and environment.

2 See the American institute of Architects Center for Architecture series highlighting the issue with NYSERDA and the Building Energy Exchange at: https://be-exchange.

org/beyond-zero-series-carbon-neutral-adaptive-reuse/ 13 New York State General Municipal Law Section 6-s, New York State Tax Law Section 33-B, and New York State Town Law Section 261-A, 14 Several large State and County parks by the Hudson River, such as Blauvelt State Park and Clausland Mountain Park, as well as a number of hiking and biking trails are connected to form a “green” open space corridor or greenbelt in the eastern portion of Orangetown, % Orangetown’s major waterbodies, including Lake Tappan and the Hackensack River, form a “blue” open space corridor or greenbelt.

16 A. 2026 update to the Stale Open Space Conservation Plan is underway during the preparation of this Community Preservation Plan document. 389 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown 17 Fotiow the link for New York State Senate information on the Hudson Valley Community Preservation Act: https: www.nysenate.

gov/issues/hudson-valley-community-preservation-act 18 According to the United States Geological Survey (USGS), a Geographic Information System (GIS) is a computer system that analyzes and displays geographically referenced information. It uses data that is attached to a unique location. 19 United Nations, 1992 The Convention on Biological Diversity Article 2.

20 intergovernmental Sclence-Policy Platforrn on Biodiversity and Ecosystem Services Press Release, May 4, 2019, United Nations Environment Programme. 2 Environment for the future we want. Global Environment Outlook - GEO5Chapier: Chapter 5. January 2012, United Nations Environment Programme. 2 Adopted by the Rockland County Legislature on March 1, 2011.

23 New York State Environrnental Conservation Law (ECL) Article 8-O101. 24 The former Village of South Nyack had designated three CEA’s within its jurisdiction, These CEA’s have been incorporated into the Town Zoning Law at Sections 10.223(g), 25 New York State Department of Environmental Conservation, Division of Environmental Permits, The SEQR Handbook, Fourth Edition, 2020.

90 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown Appendix A: Preservation Category - Priority Parcel Spreadsheet Appendix Ais a PDF file of a spreadsheet available through the link provided below. This PDF file cannot be printed on a standard printer, due to its size, and may only be printed on a commercial printer with the ability to print on 24” x 36” or larger paper.

Click this link to go to the Town of Orangetown Community Preservation Fund webpage: Link to Appendix A: Priority Parcels Spreadsheet 91 7-14-2026 COMMUNITY PRESERVATION PLAN Fown of Orangetown Appendix B: High Resolution Preservation Category Maps Click this link to go to the Town of Orangetown Community Preservation Fund webpage: Link to Appendix B: High Resolution Figures 92 7-14-2026 COMMUNITY PRESERVATION PLAN Town of Orangetown Appendix C: Data Inventory & Conservation Criteria Click this link to go to the Town of Orangetown Community Preservation Fund webpage: Link to Appendix C:; Data and Mapping Sources 93 7-14-2026 Town of Orangetown Local Law No.

3 __ - A of 2026 A Local Law establishing a Community Preservation Fund and creating a Community Preservation Fund Advisory Board as authorized by Town Law § 64-1 for the purpose of preserving natural, scenic, historic, agricultural, and open space resources within the Town.

BE IT ENACTED by the Town Board of the Town of Orangetown, Rockland County, New York, as follows: SECTION J] — LEGISLATIVE FINDINGS The Town of Orangetown is distinguished by its unique landscape setting, woodlands, wetlands and scenic features. Additionally, the Town’s historic features are fundamental to its unique community character and are integral to our landscape and sense of place.

These features contribute to the quality of life for all Town residents and visitors and are important to the economic future of the community. The Town Board finds that this local law is in the best interests of the Town and serves the purpose of achieving a balance between development and conservation, while also preserving the Town’s community character.

SECTION Ti _ TOWN CODE AMENDED The Town of Orangetown Town Code is hereby amended to add the following provisions, to be found at Article I of Chapter 7D (“Community Preservation”) of the Town Code, said provisions to read as follows: CHAPTER 7D ~ COMMUNITY PRESERVATION Article | ~- Establishment of Community Preservation Fund; Community Preservation Advisory Board § 7D-1 Definitions.

As used in this article, the following words and terms shall have the meanings indicated: ADVISORY BOARD The Town of Orangetown Community Preservation Fund Advisory Board created under this article. COMMUNITY PRESERVATION Preservation of community character shall involve one or more of the following: o H. M. FUND Preservation of open space.

Establishment of parks, nature preserves, or recreational areas Preservation of land, which is predominantly viable agricultural land, as defined by Agriculture and Markets Law § 301 (7), or unique and irreplaceable agricultural land, as defined by Agriculture and Markets Law § 301 (6). Preservation of lands of exceptional scenic value. Preservation of freshwater marshes or other wetlands.

Preservation of aquifer recharge areas. Preservation of undeveloped beach-lands or shoreline. Establishment of wildlife refuges for the purpose of maintaining native animal species diversity, including the protection of habitat essential to the recovery of rare, threatened or endangered species. Preservation of unique or threatened ecological areas.

Preservation of rivers and river areas in natural, free-flowing condition. Preservation of forested land. Preservation of public access to lands for public use, including stream rights and waterways. Preservation of historic places and properties listed on the New York State Register of Historic Places and/or protected under a municipal historic preservation ordinance or law.

Undertaking any of the purposes of this article in furtherance of the establishment of a greenbelt. The Town of Orangetown Community Preservation Fund established by this article. § 7D-2 Fund established. A. The Town of Orangetown Community Preservation Fund is hereby established pursuant to Town Law § 64-1.

mor Oo 9 Deposits into the Fund may include revenues of the Town from whatever source and shall include all revenues from the real estate transfer tax imposed pursuant to this Chapter’s Article Ill, as authorized by Town Law § 64-1 and Tax Law Article 31-A-4. The Fund shall also be authorized to accept gifts of any such interests in land or of funds.

Interest accrued by monies deposited in the Fund shall be credited to the Fund. In no event shall monies deposited in the Fund be transferred into any other account. Nothing contained in this chapter shall be construed to prevent the financing, in whole or in part, pursuant to Local Finance Law, of any acquisition authorized pursuant to Town Law § 64-L.

Monies from the Fund may be utilized to repay any indebtedness or obligations incurred pursuant to the Local Finance Law, consistent with effectuating the purposes of this chapter. § 7D-3 Purposes of Fund. A.

The purposes of the Fund shall be exclusively: G1) To implement a plan for the preservation of community character as required by Town Law § 64-1 and this chapter; Q) To acquire interests or rights in real property for the preservation of community character within the Town, including villages therein, in accordance with such plan and in cooperation with willing sellers; G) Toestablish a bank pursuant to a transfer of development rights program consistent with Town Law § 261-a; (4) _ Teo provide a management and stewardship program for such interests and rights, consistent with Town Law § 64-1 (10) and this chapter, and in accordance with such plan designed to preserve community character; and The acquisition of interests and rights in real property under-the Fund shall be in cooperation with willing sellers.

Not more than ten percent (10%) of the Fund shall be utilized for the management and stewardship program provided for in § 7D-3 A (4), above. The preservation of agriculture and in particular working farms is a primary priority for the Fund.

if the implementation of the Community Preservation Project Plan adopted by the Town Board as provided in Town Law § 64-1 (7) has been completed, and funds are no longer required for the purposes outlined in this article, any remaining monies in the Fund shail be applied to reduce any bonded indebtedness or obligations incurred to effectuate the purposes of this article.

Any monies expended from the Fund shall be consistent with the purposes set forth in this section, § 7D-1, above, and the Community Preservation Project Plan adopted by the Town Board in accordance with Town Law § 64-1 (7). The Board may study and consider establishing a transfer of development rights program to protect community character as provided for by Town Law § 261-a.

If at any time during the life of the Fund such a transfer of development rights program is established, the Town may utilize monies from the Fund in order to create and fund a central bank of the transfer of development rights program. If at any time during the life of the Fund a transfer of development rights program is repealed by the Town, all monies from the central bank shall be returned to the Fund.

§ 7D-4 Advisory Board established. A. A Community Preservation Fund Advisory Board is hereby established to review and make recommendations on proposed acquisitions of interests in real property using monies from the Fund. Such Board shall consist of five members who shall be legal residents of the Town and who shall serve without compensation. No member of the Town Board shall serve on the Advisory Board.

Members initially appointed to the Board shall serve staggered terms as follows: one member shall be appointed for a term expiring at the end of the municipal official year in which initially appointed, and the terms of the remaining members shall expire at the end of each official year thereafter.

At the expiration of the term of each member first appointed, their successor shall be appointed for a term of five years. No member shall serve longer than three full terms. A majority of the members appointed shall have demonstrated experience with conservation or land-preservation activities. If feasible, at least one member of the Board shall be an active farmer.

The Board shall act in an advisory capacity to the Town Board. No interest or right in real property shall be acquired pursuant to this article until a public hearing is held as required by General Municipal Law § 247. Nothing herein shall prevent the Town Board from entering into a conditional purchase agreement before a public hearing is held.

Any resolution of the Town Board approving an acquisition of rights or interest in real property pursuant to this article shall find that acquisition was the best alternative for the protection of community character of all the reasonable alternatives available to the Town. § 7D-6 Management of Acquired Interests. A.

Rights or interests in real property acquired under this article shall be administered and managed in a manner which: G1) Allows public use and enjoyment in a manner compatible with the natural, scenic, historic, and open space character of such lands; (2) Preserves the native biological diversity of such lands; G) With regard to open spaces, limits improvements to enhancing access for passive use of such lands, such as nature trails, boardwalks, bicycle paths, and peripheral parking areas, provided that such improvements do not degrade the ecological value of the land or threaten essential wildlife habitat; and (4) Preserves cultural property consistent with accepted standards for historic preservation.

Notwithstanding any other provision of this article there shall be no right to public use and enjoyment of land used in conjunction with a farm operation as defined by Agriculture and Markets Law § 301 (11).

The Town may enter into agreements with corporations, organized under the Not-For- Profit Corporations Law that engage in land trust activities to manage lands, including less than fee interests acquired pursuant to this article.

Any such agreement shall contain a provision that such corporation shall keep the lands accessible to the public unless such corporation shall demonstrate to the satisfaction of the Town that public accessibility would be detrimental to the lands or any natural features associated therewith.

Any such agreement shall contain a provision that such corporation shall keep and manage the lands consistent with Town Law § 64-1 (10) and this chapter. § 7D-7 Disposal of lands acquired with Fund monies. A.

Rights or interests in real property acquired with monies from the Fund shall not be sold, ' leased, exchanged, donated or otherwise disposed of or used for other than the purposes permitted by this article without the express authority of an act of the State Legislature, which shall provide for the substitution of other lands of equal environmental value and fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by the State Legislature.

B. Any conservation easements created under Title 3 of Article 49 of the Environmental Conservation Law, which are acquired with monies from such Fund, may only be modified or extinguished as provided in § 49-0307 of such law. c. Nothing in this article shall preclude the Town, by local law, from establishing additional restrictions to the alienation of lands acquired pursuant to this article.

This section shail not apply to the sale of development rights by the Town acquired pursuant to this article, where said sale is made by a central bank created by the Town, pursuant to a transfer of development rights program established by the Town pursuant to Town Law § 261-a.

However, said development rights program shall provide that: G) The lands from which said development rights were acquired shall remain preserved in perpetuity via a permanent conservation easement or other instrument that similarly preserves community character as defined in this article; and 2) The proceeds from such sale shall be deposited in the Fund.

SECTION If] - STATEMENT OF AUTHORITY This local law is authorized by the New York State Constitution, Article IX, Section 2, the provisions of the New York Municipal Home Rule Law, the provisions of the Statute of Local Governments, Town Law § 64-1, and the laws of the Town of Orangetown.

SECTION IV —- SEVERABILITY if any clause, sentence, paragraph, section, or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

SECTION V - EFFECTIVE DATE This local law shall take effect on the date it is filed with the Secretary of State.

Town of Orangetown Lecal Law - B of 2026 A Local Law Adopting a Community Preservation Project Plan BE IT ENACTED by the Town Board of The Town of Orangetown, Rockland County, New York as follows: SECTION I~ PURPOSE The purpose of this local law is to meet and implement the requirements of Town Law § 64-1 by establishing and creating the Town of Orangetown Community Preservation Project Plan for the purpose of guiding the Town’s efforts to preserve agricultural, natural, scenic, historic and open space resources within the Town.

SECTION Il ~ TOWN CODE AMENDED Pursuant to provisions of Town Code § 64-1, Town of Orangetown Town Code Chapter 7D (Community Preservation) is hereby amended to add the following new Article II, to be entitled “Community Preservation Project Plan,” said provisions to read as follows: Article 1 - Community Preservation Project Plan § 7D-7 Plan on file.

Acopy of the Community Preservation Plan on file with the Town Clerk is attached hereto and incorporated as if fully set forth in this place. Said plan is intended to be the community preservation project plan required by Town Law § 64-1 (7).

SECTION III —- STATEMENT OF AUTHORITY This local law is authorized by the Constitution of the State of New York, Article IX, § 2, the provisions of the Municipal Home Rule Law, provisions of the Statute of Local Governments, Town Law § 64-1, and the laws of the Town of Orangetown.

SECTION IV —SEVERABILITY If any clause, sentence, paragraph, section, or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not effect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgement - shall have been rendered.

SECTION V — EFFECTIVE DATE This local law shall take effect on the date it is filed with the Secretary of State. Town of Orangetown Local Law No.

_ 3 ~C of 2026 A LOCAL LAW TO PROTECT NATURAL AREAS IN THE TOWN FROM DEVELOPMENT; PROTECT THE WATER QUALITY OF RIVERS, LAKES, AND STREAMS; PROTECT THE WATER QUALITY OF DRINKING WATER; CONSERVE TREES AND WOODED AREAS TO PROTECT AIR QUALITY; PROTECT WILDLIFE HABITAT; PRESERVE AND ESTABLISH PARKS AND RECREATIONAL AREAS; PROTECT HISTORIC RESOURCES; PRESERVE WORKING FARMS; AND PROTECT FARMLAND, IN THE TOWN OP ORANGETOWN, BY CREATING A THREE TENTHS OF ONE PERCENT (0.

3%) REAL ESTATE TRANSFER TAX ON THE CONVEYANCE OF INTERESTS IN REAL PROPERTY IN THE TOWN, WITH SUCH TAX TO BE PAID BY THE PURCHASER, WITH REVENUES FROM THIS TAX TO BE DEPOSITED IN THE TOWN OF ORANGETOWN COMMUNITY PRESERVATION FUND, WHICH MAY BE MATCHED BY STATE AND FEDERAL FUNDING AND WHICH WILL REQUIRE FULL PUBLIC DISCLOSURE OF ALL SPENDING BE IT ENACTED by the Town Board of the Town of of Orangetown, Rockland County, New York, as follows:

SECTION 1, - LEGISLATIVE FINDINGS: The Town of Orangetown is distinguished by its unique landscape setting, including woodlands, wetlands, and scenic features. The protection of the Town’s natural resources provides clean water, fresh local food, resiliency, and a pleasant natural environment. These features contribute to the quality of life for all Town residents and visitors and are important to the economic future of the community. The Town Board finds that this Local Law is necessary and in the best interests of the Town in order to achieve the balance between development and conservation which is needed to ensure the preservation of the Town’s community character.

SECTION H. - TOWN CODE AMENDED: Pursuant to the provisions of Tax Law Article 31-A-4, Chapter 7D of the Town of Orangetown Town Code entitled “Community Preservation” is hereby amended to add the following new Article IT], to be entitled “Community Preservation Fund Transfer Tax,” said provisions to read as follows: Article Ii —- Community Preservation Fund Transfer Tax 7D-8. Definitions.

As used in this chapter, the following words and terms shall have the meanings indicated: CONSIDERATION A EL The price actually paid or required to be paid for the real property or interest therein, including payment for an option or contract to purchase real property, whether or not expressed in the deed and whether paid or required to be paid by money, property, or any other thing of value.

It shall include the cancellation or discharge of an indebtedness or obligation. It shall also include the amount of any mortgage, purchase money mortgage, lien or other encumbrance, whether or not the underlying indebtedness is assumed or taken subject to.

In the case of a creation of a leasehold interest or the granting of an option with use and occupancy of real property, consideration shall include, but not be limited to, the value of the rental and other payments attributable to the use and occupancy of the real property or interest therein, the value of any amount paid for an option to purchase or renew and the value of rental or other payments attributable to the exercise of any option to renew.

In the case of a creation of a subleasehold interest, consideration shall include, but not be limited to, the value of the sublease rental payments attributable to the use and occupancy of the real property, the value of any amount paid for an option to renew and the value of rental or other payments attributable to the exercise of any option to renew less the value of the remaining prime lease rental payments required to be made.

In the case of a controlling interest in any entity that owns real property, consideration shall mean the fair market value of the real property or interest therein, apportioned based on the percentage of the ownership interest transferred or acquired in the entity.

In the case of an assignment or surrender of a leasehold interest or the assignment or surrender of an option or contract to purchase real property, consideration shall not include the value of the remaining rental payments required to be made pursuant to the terms of such lease or the amount to be paid for the real property pursuant to the terms of the option or contract being assigned or surrendered.

In the case of (1) the original conveyance of shares of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold by the cooperative corporation or cooperative plan sponsor, and (2) the subsequent conveyance by the owner thereof of such stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold for a cooperative unit other than an individual residential unit, consideration shall include a proportionate share of the unpaid principal of any mortgage on the real property of the cooperative housing corporation comprising the cooperative dwelling or dwellings.

Such share shall be determined by multiplying the total unpaid principal of the mortgage by a fraction, the numerator of which shall be the number of shares of stock being conveyed in the cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold and the denominator of which shall be the total number of shares of stock in the cooperative housing corporation.

CONTROLLING INTEREST A. In the case of a corporation, either fifty percent or more of the total combined voting power of all classes of stock of such corporation, or fifty percent or more of the capital, profits or beneficial interest in such voting stock of such corporation.

In the case of a partnership, association, trust or other entity, fifty percent or more of the capital, profits or beneficial interest in such partnership, association, trust or other entity. CONVEYANCE FUND GRANTOR A.

The transfer or transfers of any interest in real property by any method, including but not limited to, sale, exchange, assigament, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property.

Transfer of an interest in real property shall include the creation of a leasehold or sublease only where (a) the sum of the term of the lease or sublease and any options for renewal exceeds forty-nine years, (b) substantial capital improvements are or may be made by or for the benefit of the lessee or sublessee, and (c) the lease or sublease is for substantially all of the premises constituting the real property.

Notwithstanding the foregoing, conveyance of real property shall not include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage subordination agreement, a mortgage severance agreement, an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this chapter or the internal revenue code.

Acommunity preservation fund created pursuant to Town Law § 64-1. The person making the conveyance of real property or interest therein. Where the conveyance consists of a transfer or an acquisition of a controlling interest in an entity with an interest in real property, “grantor” means the entity with an interest in real property or a shareholder or partner transferring stock or partnership interest, respectively.

GRANTEE The person who obtains real property or interest therein as a result of a conveyance.

INTEREST IN THE REAL PROPERTY “Interest in the real property” includes title in fee, a leasehold interest, a beneficial interest, an encumbrance, development rights, air space and air rights, or any other interest with the right to use or occupancy of real property or the right to receive rents, profits or other income derived from real property. It shall also include an option or contract to purchase real property.

It shall not include a right of first refusal to purchase real property.

PERSON An individual, partnership, limited liability company, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, any combination of individuals, and any other form of unincorporated enterprise owned or conducted by two or more persons.

REAL PROPERTY Every estate or right, legal or equitable, present or future, vested or contingent, in lands, tenements or hereditaments, including buildings, structures and other improvements thereon, which are located in whole or in part within the town of Orangetown, It shall not include rights to sepulture. RECORDING OFFICER The county clerk of the county of Rockland.

RESIDENTIAL REAL PROPERTY Property which satisfies at least one of the following conditions: A. the property classification code assigned to the property on the latest final assessment roll, as reported on the transfer report form, indicates that the property is a one, two or three family home or a rural residence; B.

the transfer report indicates that the property is a one, two or three family residential property that has been newly constructed on vacant land; or Cc. the transfer report form indicates that the property is a residential condominium.

TAX The real estate transfer tax imposed pursuant to Tax Law § 1439-bbb or, if the context clearly indicates, shall mean the real estate transfer tax imposed pursuant Tax Law Article 31, TOWN The town of Orangetown, county of Rockland. TOWN SUPERVISOR The town supervisor of the town of Orangetown. TREASURER ‘The treasurer of the county of Rockland. 7D-9.

Imposition of real estate transfer tax, There is hereby imposed in the Town a tax on each conveyance of real property or interest therein, as authorized by Tax Law Article 31-A-4, the rate of such tax to be three tenths of one percent (0.3%) of the consideration for such conveyance.

Revenues from such tax shall be deposited in the Town of Orangetown Community Preservation Fund established pursuant to Article | of this chapter and may be used solely for the purpose of said fund.

Such tax shall apply to any conveyance occurring on or after the effective date of this local law, but shall not apply to conveyances made on or after such date pursuant to binding written contracts entered into prior to such date, provided that the date of execution of such contract is confirmed by independent evidence such as the recording of the contract, payment of a deposit, or other facts and circumstances as determined by the treasurer.

§ 7D-10. Payment of tax. A. The real estate transfer tax imposed pursuant to this chapter shall be paid to the treasurer, or to the recording officer acting as the agent of the treasurer upon designation as such agent by the treasurer. Such tax shall be paid at the same time as the real estate transfer tax imposed by Tax Law Article 31 is required to be paid.

Such treasurer or recording officer shall endorse upon each deed or instrument effecting a conveyance a receipt for the amount of the tax so paid, B.

A return shall be required to be filed with such treasurer or recording officer for purposes of the real estate transfer tax imposed pursuant to this chapter at the same time as a return is required to be filed for purposes of the real estate transfer tax imposed by Tax Law Article 31.

The treasurer shall prescribe the form of return, the information that it shall contain, and the documentation that shall accompany the return.

Said form shall be identical to the real estate transfer tax return required to be filed pursuant to Tax Law § 1409, except that the treasurer shall adapt said form to reflect the provisions of this chapter which are inconsistent with, different from, or in addition to the provisions of Tax Law Article 31.

The real estate transfer tax returns required to be filed pursuant to this section are required to be preserved for three (3) years and thereafter until such treasurer or recording officer orders them to be destroyed.

The recording officer shall not record an instrument effecting a conveyance unless the return required by this section has been filed and unless the tax imposed pursuant to this chapter shall have been paid as provided in this section. § 7D-11. Liability for tax. A. The real estate transfer tax required hereunder shall be paid by the grantee.

If the grantee has failed to pay the tax imposed pursuant to this chapter, or if the grantee is exempt from such tax, the grantor shall have the duty to pay the tax. Where the grantor has the duty to pay the tax because the grantee has failed to pay, such tax shall be the joint and several liability of the grantee and the grantor.

For the purpose of the proper administration of this chapter and to prevent evasion of the tax hereby imposed, it shall be presumed that all conveyances are subject to the tax. Where the consideration includes property other than money, it shall be presumed that the consideration is the fair market value of the real property or interest therein.

These presumptions shall prevail until the contrary is proven, and the burden of proving the contrary shall be on the person liable for payment of the tax. § 7D-12. Exemptions from tax. A. Exemption for government agencies.

The following shall be exempt from the payment of the real estate transfer tax imposed by this chapter: (1) The state of New York, or any of its agencies, instrumentalities, political subdivisions, or public corporations (including a public corporation created pursuant to an agreement or compact with another state or the Dominion of Canada); and (2) The United Nations, the United States of America or any of its agencies or instrumentalities.

The tax shall not apply to any of the following conveyances: (1) Conveyances to the United Nations, the United States of America, the state of New York, or any of their instrumentalities, agencies or political subdivisions (or 2) G) (4) 65) 6) 7) 8) (9) (10) any public corporation, including a public corporation created pursuant to agreement or compact with another state or the Dominion of Canada); Conveyances which are or were used to secure a debt or other obligation; Conveyances which, without additional consideration, confirm, correct, modify or supplement a deed previously recorded; Conveyances of real property without consideration and otherwise than in connection with a sale, including deeds conveying realty as bona fide gifts; Conveyances given in connection with a tax sale; Conveyances to effectuate a mere change of identity or form of ownership or organization where there is no change in beneficial ownership, other than conveyances to a cooperative housing corporation of the real property comprising the cooperative dwelling or dwellings; Conveyances which consist of a deed of partition; Conveyances given pursuant to the federal bankruptcy act; Conveyances of real property which consist of the execution of a contract to sell real property without the use or occupancy of such property or the granting of an option to purchase real property without the use or occupancy of such property; Conveyances of real property or a portion or portions of real property that are the subject of one or more of the following development restrictions: (a) agricultural, conservation, scenic, or an open space easement; (b) covenants or restrictions prohibiting development where the property or portion of property being conveyed has had its development rights permanently removed; (c) a purchase of development rights agreement where the property or portion of property being conveyed has had its development rights permanently removed; (d) a transfer of development rights agreement, where the property being conveyed has had its development rights removed; (e) real property subject to any locally adopted land preservation agreement, provided said exemption is included in the local law imposing the tax authorized by this article; (11) Conveyances of real property, where the property is viable agricultural land as defined in subdivision seven of section three hundred one of the agriculture and markets law and the entire property to be conveyed is to be made subject to one of the development restrictions provided for in subparagraph two of paragraph {j) of this subdivision provided that said development restriction precludes the conversion of the property to a non-agricultural use for at least eight years from the date of transfer, and said development restriction is evidenced by an easement, agreement, or other suitable instrument which is to be conveyed to the town simultaneously with the conveyance of the real property; or (12) Conveyances of real property for open space, parks, or historic preservation purposes to any not-for-profit tax exempt corporation operated for conservation, environmental, or historic preservation purposes.

c. An exemption of one hundred thousand dollars shall be allowed on the consideration of the conveyance of improved real property or an interest therein, and an exemption of fifty thousand dollars shall be allowed on the consideration of the conveyance of unimproved real property. § 7D-13. Credit for prior tax paid on creation of leasehold or grant of option or contract to purchase.

A grantee shalf be allowed a credit against the tax due on a conveyance of real property to the extent tax was paid by such grantee on a prior creation of a leasehold of all or a portion of the same real property or on the granting of an option or contract to purchase all or a portion of the same real property by such grantee.

Such credit shall be computed by multiplying the tax paid on the creation of the leasehold or on the granting of the option or contract by a fraction, the numerator of which is the value of the consideration used to compute such tax paid which is not yet due to such grantor on the date of the subsequent conveyance (and which such grantor will not be entitled to receive after such date), and the denominator of which is the total value of the consideration used to compute such tax paid.

§ 7D-14. Cooperative housing corporation transfers. A.

Notwithstanding the definition of “controlling interest” contained in Tax Law §1439-aaa (2) or anything to the contrary contained in Tax Law §§1439-aaa (5), the tax imposed pursuant to this article shall apply to: (i) the original conveyance of shares of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold by the cooperative corporation or cooperative plan sponsor, and (2) the subsequent conveyance of such stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold by the owner thereof.

With respect to any such subsequent conveyance where the property is an individual residential unit, the consideration for the interest conveyed shall exclude the value of any liens on certificates of stock or other evidences of an ownership interest in and a proprietary lease from a corporation or partnership formed for the purpose of cooperative ownership of residential interest in real estate remaining thereon at the time of conveyance.

In determining the tax on a conveyance described in paragraph A of this subdivision, a credit shall be allowed for a proportionate part of the amount of any tax paid upon the conveyance to the cooperative housing corporation of the real property comprising the cooperative dwelling or dwellings to the extent that such conveyance effectuated a mere change of identity or form of ownership of such property and not a change in the beneficial ownership of such property.

The amount of the credit shall be determined by multiplying the amount of tax paid upon the conveyance to the cooperative housing corporation by a percentage representing the extent to which such conveyance effectuated a mere change of identity or form of ownership and not a change in the beneficial ownership of such property, and then multiplying the resulting product by a fraction, the numerator of which shall be the number of shares of stock conveyed in a transaction described in paragraph A of this subdivision, and the denominator of which shall be the total number of shares of stock of the cooperative housing corporation (including any stock held by the corporation).

In no event, however, shall such credit reduce the tax, ona conveyance described in paragraph A of this subdivision, below zero, nor shall any such credit be allowed for a tax paid more than twenty-four months prior to the date on which occurs the first in a series of conveyances of shares of stock in an offering of cooperative housing corporation shares described in paragraph A of this subdivision.

Every cooperative housing corporation shall be required to file an information return with the treasurer by July fifteenth of each year covering the preceding period of January first through June thirtieth and by January fifteenth of each year covering the preceding period of July first through December thirty-first.

The return shall contain such information regarding the conveyance of shares of stock in the cooperative housing corporation as the treasurer may deem necessary, including, but not limited to, the names, addresses and employee identification numbers or social security numbers of the grantor and the grantee, the number of shares conveyed, the date of the conveyance and the consideration paid for such conveyance.

§ 7D-15. Designation of agents. The treasurer is authorized to designate the recording officer to act as the treasurer’s agent for purposes of collecting the tax authorized by this article. The treasurer shall provide for the manner in which the recording officer may be designated as agent subject to such terms and conditions as the treasurer shall prescribe.

The real estate transfer tax shall be paid to such agent as provided in section fourteen hundred thirty-nine-cce of this article. § 7D-16. Liability of recording officer.

A recording officer shall not be liable for any inaccuracy in the amount of tax imposed pursuant to this chapter that such recording officer shall collect so long as they shall compute and collect such tax on the amount of consideration or the value of the interest conveyed as such amounts are provided to the recording officer by the person paying the tax. § 7D-17. Refunds.

Whenever the treasurer shall determine that any moneys received under the provisions of this chapter were paid in error, the treasurer may cause such moneys to be refunded pursuant to such requirements as they may prescribe, provided that any application for such refund is filed with the treasurer within two years from the date the erroneous payment was made. § 7D-18. Deposit and disposition of revenue. A.

All taxes, penalties and interest imposed by the town under the authority of Tax Law § 1439-bbb, which are collected by the treasurer or the treasurer’s agents, shall be deposited in a single trust fund for the town and shall be kept in trust and separate and apart from all other monies in possession of the treasurer.

Moneys in such fund shall be deposited and secured in the manner provided by section ten of the general municipal law. Pending expenditure from such fund, moneys therein may be invested in the manner provided in General Municipal Law § 11. Any interest earned or capital gain realized on the moneys so deposited or invested shall accrue to and become part of such fund.

The treasurer shali retain such amount as the treasurer may determine to be necessary for refunds with respect to the tax imposed by the town, under the authority of Tax Law 1439-bbb, out of which the treasurer shall pay any refunds of such taxes to those taxpayers entitled to a refund pursuant to the provisions of the tax law of the State of New York.

The treasurer, after reserving such refunds, shall on or before the twelfth day of each month pay to the town supervisor the taxes, penalties and interest imposed by the town under the authority of Tax Law § 1439-bbb, collected by the treasurer, pursuant to the tax law of the State of New York during the next preceding calendar month.

The amount so payable shall be certified to the town supervisor by the treasurer, who shall not be held liable for any inaccuracy in such certification. Provided, however, any such certification may be based on such information as may be available to the treasurer at the time such certification must be made under this section.

Where the amount so paid over to the town in any such distribution is more or less than the amount due to the town, the amount of the overpayment or underpayment shall be certified to the town supervisor by the treasurer, who shall not be held liable for any inaccuracy in such certification.

The amount of the overpayment or underpayment shall be so certified to the town supervisor as soon after the discovery of the overpayment or underpayment as reasonably possible and subsequent payments and distributions by the treasurer to the town shall be adjusted by subtracting the amount of any such overpayment from or by adding the amount of any such underpayment to such number of subsequent payments and distributions as the D.

treasurer and town supervisor shall consider reasonable in view of the overpayment or underpayment and all other facts and circumstances. All monies received from the treasurer shall be deposited in the fund of the town, pursuant to Town Law § 64-1 and the provisions of the instant chapter. § 7D-19. Judicial review. A. B.

Any final determination of the amount of any tax payable under section fourteen hundred thirty-nine-cec of the tax law of the State of New York shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by a proceeding under article seventy-cight of the civil practice law and rules if application therefor is made to the supreme court within four months after the giving of the notice of such final determination, provided, however, that any such proceeding under article seventy-cight of the civil practice law and rules shall not be instituted unless: (1) the amount of any tax sought to be reviewed, with such interest and penalties thereon as may be provided for by local law shall be first deposited and there is filed an undertaking, issued by a surety company authorized to transact business in this state and approved by the state superintendent of financial services as to solvency and responsibility, in such amount as a justice of the supreme court shall approve to the effect that if such proceeding be dismissed or the tax confirmed the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding; or (@) at the option of the petitioner, such undertaking may be in a sum sufficient to cover the taxes, interest and penalties stated in such determination, plus the costs and charges which may accrue against it in the prosecution of the proceeding, in which event the petitioner shall not be required to pay such taxes, interest or penalties as a condition precedent to the application.

Where any tax imposed hereunder shall have been erroneously, illegally or unconstitutionally assessed or collected and application for the refund or revision thereof duly made to the proper fiscal officer or officers, and such officer or officers shall have made a determination denying such refund or revision, such determination shall be reviewable by a proceeding under article seventy-eight of the civil practice law and rules; provided, however, that: (1) such proceeding is instituted within four months after the giving of the notice of such denial; , (2) a final determination of tax due was not previously made; and G) an undertaking is filed with the proper fiscal officer or officers in such amount and with such sureties as a justice of the supreme court shall approve to the effect that if such proceeding be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding.

§ 7D-20. Apportionment. A. Where real property is situated partly within and partly without the boundaries of the Town, the consideration subject to tax is such part of the total consideration as is attributable to the portion of such real property situated with the Town or to the interest in such portion.

If the consideration attributable to the property located in the Town is set forth in the contract, such amount may be used to compute the tax due.

If the contract does not set forth the amount of consideration atiributable to the portion of real property or interest therein situated within the Town, the consideration shall be reasonably allocated between the portion of such property or interest therein situated within the Town and the portion of such property or interest therein situated without the Town.

(1) Ifthe grantor and the grantee enter into a written agreement, signed by both the grantor and the grantee, which sets forth a reasonable allocation of consideration, that allocation of consideration may be used to compute the tax due.

Q) Ifthe grantor and the grantee do not enter into such an agreement, or if the allocation of consideration set forth in such agreement is deemed unreasonable by the treasurer, the allocation of consideration must be computed by multiplying the amount of consideration by a fraction, the numerator of which is the fair market value of the real property or interest therein situated within the Town, and the denominator of which is the total fair market value of all the real property or interest therein being conveyed.

@G) Except in the case of a transfer or acquisition of a controlling interest where consideration means fair market value of the real property or interest therein, the tax shall be computed on the allocated portion of the actual consideration paid, even if that amount is greater or less than the fair market value as determined by appraisal.

Where the methods provided under this section do not allocate the consideration in a fair and equitable manner, the treasurer may require the grantor and grantee to allocate the consideration under such method as such officer prescribes, so long as the prescribed method results in a fair and equitable allocation. § 7D-21. Determination of tax; petition to Town Supervisor. A.

lf a return required by this chapter is not filed, or if a return when filed is incorrect or insufficient, the amount of tax due shall be determined by the treasurer from such records or information as may be obtainable, including the assessed valuation of the real property or interest therein and other appropriate factors. Notice of such determination shall be given to the person liable for the payment of the tax.

Such determination shall finally and irrevocably fix the tax unless the person against whom it is assessed, within ninety (90) days after the giving of notice of such determination, shall petition the Town Supervisor for a hearing, or unless the treasurer, on the treasurer’s own motion, shall redetermine the same.

The Town Supervisor may designate, in writing, a hearing officer to hear such an appeal, which hearing officer shall file a written report and recommendation with the Town Supervisor. In any case before the Town Supervisor under this chapter, the burden of proof shall be on the petitioner.

After such hearing, the Town Supervisor shall give notice of the determination to the person against whom the tax is assessed and to the treasurer. Such determination may be reviewed in accordance with the provisions of § 7D-19 Gudicial Review), above.

A proceeding for judicial review shall not be instituted unless: re) The amount of any tax sought to be reviewed, with penalties and interest thereon, if any, shall be first deposited with the treasurer and there shall be filed with the treasurer an undertaking, issued by a surety company authorized to transact business in New York State and approved by the State Superintendent of Financial Services as to solvency and responsibility, in such amount and with such sureties as a Justice of the Supreme Court shall approve, to the effect that if such proceeding shall be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of the proceeding; or (2) At the option of the petitioner, such undertaking filed with the treasurer may be in asum sufficient to cover the taxes, penalties, and interest thereon stated in such decision, plus the costs and charges which may accrue against the petitioner in the prosecution of the proceeding; in which event, the petitioner shall not be required to deposit such taxes, penalties, and interest as a condition precedent to the commencement of the proceeding.

A person liable for the tax imposed by this chapter (whether or not a determination assessing a tax pursuant to § 7D-20, above, has been made) shall be entitled to have the tax due finally and irrevocably fixed prior to the ninety (90) day period referred to in said section by filing with the treasurer a signed statement consenting thereto, in writing and in such form as the treasurer shall prescribe.

The remedies provided by this section and § 7D-19 (Judicial Review), above, shall be the exclusive remedies available to any person for the review of tax liability imposed by this chapter. § 7D-22. Proceedings to recover tax due. A.

Whenever any person shall fail to pay any tax, penalty, or interest imposed by this chapter, the Town Attorney or Attorneys designated by the Town shall, upon the request of the treasurer, bring or cause to be brought, an action to enforce the payment of the same on behalf of the Town, in any court of the State of New York or of any other state or of the United States.

As an additional and alternative remedy, the treasurer may issue a warrant, directed to the Sheriff of Rockland County, commanding such officer to levy upon and sell any real and personal property of a grantor or grantee liable for the tax which may be found within the County, for payment of the amount thereof, with any penalty and interest and the cost of executing the warrant, and to return such warrant to the treasurer and to pay the treasurer the money collected by virtue thereof within sixty (60) days after the receipt of the warrant.

The Sheriff shall, within five (5) days after the receipt of the warrant, file with the Clerk a copy thereof, and thereupon such Clerk shall enter in the judgment docket the name of the person mentioned in the warrant and the amount of the tax, penalty, and interest for which the warrant is issued and the date when such copy is filed.

Thereupon the amount of such warrant so docketed shall become a lien on the title to and interest in real and personal property of the person against whom the warrant is issued. Such lien shall not apply to personal property unless such warrant is filed with the Department of State.

The Sheriff shall then proceed upon the warrant in the same manner and with like effect as that provided by law in respect to executions issued against property upon judgments of a court of record, and for services in executing the warrant he shall be entitled to the same fees, which he may collect in the same manner.

In the discretion of the treasurer, a warrant of like terms, force, and effect may be issued and directed to any officer or employee of the county; and in the execution thereof, such officer or employee shall have all the powers conferred by law upon sheriffs, but shall be entitled to no fee or compensation in excess of the actual expenses paid in the performance of such duty.

Upon such filing of a copy of a warrant, the treasurer shall have the same remedies to enforce the amount due thereunder as if the County of Rockland had recovered the judgment therefor. § 7D-23. Interest and civil penalties. A.

Any grantor or grantee failing to file a return or to pay any tax within the time required by this chapter shall be subject to a penalty of ten percent (10%) of the amount of the tax due plus an interest penalty of two percent (2%) of such amount, for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or such tax became due; such interest penalty shall not exceed twenty-five percent (25%) in the aggregate.

If the treasurer determines that such failure or delay was due to reasonable cause and not due to willful neglect, the treasurer shall remit, abate or waive all of such penalty and interest penalty.

If any amount of tax is not paid on or before the last date prescribed in § 7D-10 (Payment of Tax), above, for payment, interest on such amount shall be paid for the period from such last date to the date paid at the underpayment rate set by the State Commissioner of Taxation and Finance on underpayment of the taxes imposed by Tax Law Article 31.

If the treasurer determines that there has been an overpayment of tax, interest at the overpayment rate set by the State Commissioner of Taxation and Finance for payments due pursuant to Tax Law Article 31 shall be paid by the treasurer to the seller or buyer, on any refund paid pursuant to the provisions of this chapter.

The penalties and interest provided for in this section shall be paid to the treasurer and shall be determined, assessed, collected and distributed in the same manner as the tax imposed by this chapter, and any reference to tax in this chapter shall be deemed to refer to the penalties and interest imposed in this section.

Where the conveyance consists of a transfer of property made as a result of an order of the court in a foreclosure proceeding ordering the sale of such property, the referee or sheriff effectuating such transfer shall not be liable for any interest or penalties that are authorized pursuant to this chapter or article thirty-seven of the tax law of the state of New York. § 7D-24.

Confidentiality of transfer tax returns. A. c. D. Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for any officer or employee of the County or the Town, or any person engaged or retained on an independent contract basis, to divulge or make known in any manner the particulars set forth or disclosed in any return required under this chapter.

However, nothing in this section shall prohibit the recording officer from making a notation on an instrument effecting a conveyance indicating the amount of tax paid. No recorded instrument effecting a conveyance shall be considered a return for the purposes of this section.

The officers charged with the custody of such returns shall not be required to produce any of them or evidence of anything contained in them in any action or proceeding in any court, except on behalf of the County or the Town in any action or proceeding involving the collection of a tax due under this chapter to which the County or the Town or an officer or employee of the County or the Town is a party or a claimant, or on behalf of any party to any action or proceeding under the provisions of this chapter when the returns or facts shown thereby are directly involved in such action or proceeding; in any of which events the court may require the production of and may admit in evidence so ~ much of said returns or of the facts shown thereby as are pertinent to the action or proceeding and no more.

Nothing herein shall be construed to prohibit the delivery to a seller or buyer of an instrument effecting a conveyance, or to the duly authorized representative of such seller or buyer, of a certified copy of any return filed in connection with such instrument or to prohibit the publication of statistics so classified as to prevent the identification of particular returns or the items thereof or to prohibit the inspection by the legal representatives of the County or the Town of the return of any taxpayer who shall bring action to set aside or review the tax based thereon.

Any officer or employee of the County or Town who willfully violates the provisions of Tax Law § 1439-0 are subject to the sanctions provided therein. § 7D-25. Intergovernmental agreements. The Town Board shall be authorized to, by resolution, enter into any intergovernmental agreement with the county of Rockland deemed necessary for the effective and efficient administration and enforcement of this local law.

SECTION IIL - FORM OF PROPOSITION: Pursuant to Tax Law § 1561 and Municipal Home Rule Law § 23, this local law is subject to mandatory referendum. Therefore, the following proposition shall be submitted to the electors of the Town of Orangetown at the general election to be held on November 3, 2026: LOCAL LAW NO.

_3_-C PROTECT NATURAL AREAS, WATER QUALITY, WILDLIFE HABITAT, HISTORIC RESOURCES AND WORKING FARMS PRESERVATION FUND-Towa of Orangetown Shali Town of Orangetown Local Law _3 - C of 2026, a local law approved by the Orangetown Town Board to protect natural areas in the Town from development; protect the water quality of rivers, lakes, and streams; protect the water quality of drinking water; conserve trees and wooded areas to protect air quality; protect wildlife habitat; preserve and establish parks and recreational areas; protect historic resources; preserve working farms; and protect farmland, in the Town of Orangetown, by creating a three tenths of one percent (0.

3%) real estate transfer tax on the conveyance of interests in real property in the Town, with such tax to be paid by the purchaser, with revenues from this tax to be deposited in the Town of Orangetown Community Preservation Fund, which may be matched by State and Federal funding and which will require full public disclosure of all spending, be approved? SECTION IV.

STATEMENT OF AUTHORITY This local law is authorized by the Constitution of the State of New York, Article IX, § 2, provisions of the Municipal Home Rule Law, provisions of the Statute of Local Governments, Tax Law Article 31-A-4, and the laws of the Town of Orangetown. SECTION V.

- SEVERABILITY If any clause, sentence, paragraph, section, or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

SECTION VL - EFFECTIVE DATE This local law shall take effect upon approval by the affirmative vote of the qualified electors of the Town of Orangetown upon the proposition set forth in section three hereof, and after it is filed with the Secretary of State as provided in Municipal Home Rule Law § 27.

Town of Orangetown DATE: July, 14, 2026 WARRANT Warrant Reference Warrant # Amount Approved for payment in the amount of 061526 $ 355,340.10 Medicare Reimbursement 061726 $ 209,602.28 Utilities 062426 § 5,337.52 250th Celebration Expenses 870126 $ 195,874.96 Utilities, Rockland Paramedic, Employee Benefits 871426 $ 2,373,001.01 Expenses 8 3,139,355.

87 The above listed claims are approved and ordered paid from the appropriations indicated. APPROVAL FOR PAYMENT AUDITING BOARD Councilman Gerald Bettari Councilman Paul Valentine Councilman Daniel Sullivan Councilman Brian Donohue Supervisor Teresa M. Kenny

ERPS LIGIHXS TOWN OF ORANGETOWN FINANCE OFFICE MEMORANDUM TO:

THE TOWN BOARD FROM:

JEFF BENCIK, DIRECTOR OF FINANCE SUBJECT:

AUDIT MEMO DATE: 7/9/26 CC: DEPARTMENT HEADS The audit for the Town Board Meeting of 7/14/2026 consists of 5 warrants for a total of $3,139,355.87. The first warrant had 271 vouchers for $355,540.10 and was for retiree Medicare premium reimbursements. The second warrant had 11 vouchers for $209,602.28 and was for utilities. The third warrant had 3 vouchers for $5,337.52 and was for the USA 250" celebration.

The fourth warrant had 9 vouchers for $195,874.96 and was for utilities, Rockland Paramedics and employee benefits. The fifth warrant had 183 vouchers for $2,373,001.01 and had the following items of interest. 1. Allied Metal Industries - $5,983 for steel. 2. Cotter, Michael - $13,475 for inspections. 3. De Lage Landen - $24,868 for golf cart leases. 4.

Diehl & Sons Inc - $211,360 carbon steel dump combo body snowplow with wing. 5. Goosetown Enterprises - $8,587 for Police equipment leases and repair. 6. Graybar Electric Company, Inc - $19,069 for Deme plant lighting project. 7. Johnson Controls Building Solutions - $19,501 for repair of Town Hall HVAC chiller. 8. Keane & Beane, PC - $21,922 for outside legal counsel. 9.

Kuehne Chemical Co Inc - $8,056 for chemicals at WWTP. 10. NY Power Authority - $21,237 for streetlight project. 11. NYS Employees’ Health Insurance - $1,149,470 for health care benefits. 12. NYSPSP - $8,495 for land use board scanning. 13. Piermont Senior Citizens Club - $8,525 for trips. 14. Schultz Ford - $308,457 for (7) 2026 Ford police interceptors. 15.

Sport Tech Acrylics Corp - $14,500 for crack repair at Veterans Park skate rink. 16. The Orangetown Senior Citizens - $5,603 for trips. 17. Tilcon NY - $68,900 for Highway materials. 18, Torcon Inc ~ $5,112 for return of permit escrow. 19. Troon Golf ~ $223,550 for golf course maintenance contracts. 20. Virtuit Systems Inc - $112,794 for townwide Microsoft Office 365.

Please feel free to contact me with any questions or comments. Jeffrey W. Bencik, CFA 845-359-5100 x2204