Land Acquisition Process

Note: Because each land owner and their project have unique needs and characteristics, the length of time necessary to complete the following steps will vary, however, timing will be discussed in the initial consultation.  Each land owner, or their representative, can expect to receive regular updates after their project has been presented to the Community Preservation Fund Advisory Board.

· Meet or have a discussion with land owners or their representatives to review their needs regarding the various options for landowners that include a sale, gift, bargain sale, purchase of development rights, conservation easement, etc. or a combination of the above to the Town (please see the Options for Land Owners link in the sidebar for more information on these options)

· Landowner needs to sign a letter of interest in order to initiate the following steps:

· Research said property within Town database, building dept., assessors dept, planning dept., and review funding sources and Town acquisition lists for inclusion

· Site visit property for assessment

· Obtain Planning and or Natural Resources assessment memo

· Determine if wetland properties are DEC regulated

· Create agenda for the CPF Advisory Board complete with property details, aerials, and assessments from Planning and or Natural Resources

· Present information to the Advisory Board

· Coordinate site visits with CPF Advisory Board so a full assessment and recommendation of property can be rendered

· Discussion any updates with land owner or representative

· Determine if the property is on any County or State lists for acquisition

· Determine if the County or State might have some interest in participating in the acquisition

· Create agenda for the Town Board

· Present information to the Board including aerials, and assessments from other departments, CPF Advisory Board, and discuss possible partnerships both public and private

· If the Board wishes to pursue the parcel, proceed with ordering appraisal bids

· Keep landowner informed

· Assess appraisal bids to determine which may have the most experience with said type of appraisal and order

· Review appraisal for accuracy, and make modifications with appraiser as necessary

· Present information to Town Board and help determine an appropriate offer (value for preservation purposes)

· At the Board's request, negotiate with the landowner to find an acceptable offer for acquisition

· Also negotiate terms, such as payments over time, installment sale, or try to meet other special needs of land owner

· If acceptable terms are agreed upon and we successfully have Offer and Acceptance, draft and submit a resolution and schedule public hearing

· If the parcel is not on the CPF Project Plan, but is the proposed funding source, draft and submit resolution to add to the Community Preservation Project Plan and schedule public hearing

· Coordinate with the Planning Director so an Environmental Assessment Form can be completed in order to comply with applicable laws and regulations to add parcel to project plan

· If the purpose for acquisition is for historic preservation, the parcel may also need a historic designation which entails another resolution and public hearing.  Coordinate with our historic consultant for appropriate language and information for public hearing and compliance with Town Code

· Present the details of the property and answer any questions that the Town Board or general public might have at all hearings

· Provided there is no opposition at the public hearing, draft appropriate after hearing resolutions for any of the above that might apply

· Send appropriate paperwork to the Town Attorney's office indicating Offer and Acceptance

· Coordinate with attorneys department to ensure a contract of sale is generated and sent out to land owner or their attorney

· Work with the attorneys office on drafting easement or purchase of development rights language

· Track finances in conjunction with the Budget Office to ensure funding is available in order to go into contract, and to close on said property

· Review title and survey issues with attorney’s office to try and rectify encroachments, or other title issues

· Work with other departments as necessary, i.e. subdivision, variances, clustering etc.

· Attend closings as necessary

· Draft press releases as necessary