Authorizes the town of Clarkstown in Rockland county to alienate certain lands used as parklands for the purposes of installing a cellular tower, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11386--A
 
                           I N  A S S E M B L Y
 
                               May 15, 2026
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. P. Carroll)
   -- read once and referred to the Committee  on  Local  Governments  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT in relation to authorizing the town  of  Clarkstown  in  Rockland
   county to alienate certain lands used as parklands for the purposes of
   installing a cellular tower
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. (a) Subject to the provisions of  this  act,  the  town  of
 Clarkstown, in the county of Rockland, acting by and through its govern-
 ing  body and upon such terms and conditions as determined by such board
 is hereby authorized to discontinue as parklands and to lease   at  fair
 market  value  to  Homeland  Towers  LLC for a term not to exceed thirty
 years, the lands more particularly described in section two of this  act
 for the placement and operation of a wireless communication tower.
   (b)  All  proceeds  from such lease shall be used for capital improve-
 ments to existing park and recreational facilities and/or for the acqui-
 sition of additional park and recreational facilities.
   § 2. The parklands authorized by section one of this act to be  leased
 are described as follows:
   All  that  tract  or parcel of land being a Proposed Alienation Parcel
 situate in the Town of Clarkstown, County of Rockland and State  of  New
 York; being bounded and described as follows:
   Beginning  at the northwest corner of said Proposed Alienation Parcel,
 said point being North 83°38'58" East a distance of 324.65 feet from the
 northwest corner of lands of the  Town  of  Clarkstown  (Instrument  No.
 2020-00000341),  being  on  the easterly bounds of Brewery Road; running
 thence North 83°38'58" East along the northerly bounds of lands of  Town
 of  Clarkstown  (Instrument No. 2020-00000341) a distance of 119.06 feet
 to a point; running thence along the easterly,  southerly  and  westerly
 bounds  of said Proposed Alienation Parcel, through the lands of Town of
 Clarkstown (Instrument No. 2020-00000341), the following  three  courses
 and distances:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15903-02-6
 A. 11386--A                         2
 
   1) South 06°21'02" East 80.00 feet;
   2) South 83°38'58" West 119.06 feet;
   3) North 06°21'01" West 80.00 feet;
   to the point of beginning. Containing 0.219 acre of land.
   § 3. Should the lands described in section two of this act cease to be
 used  for  the  purposes described in section one of this act, the lease
 shall terminate and those lands shall revert to the town  of  Clarkstown
 for  public  park and recreational purposes.  At the time of such rever-
 sion, the removal of such wireless communication tower shall take  place
 and  the  property  shall  be returned to its previous state, consistent
 with park and recreational purposes.
   § 4. In the event that the town of  Clarkstown  received  any  funding
 support  or  assistance  from  the  federal government for the purchase,
 maintenance or improvement of the parklands set forth in section two  of
 this  act, the discontinuance and alienation of such parkland authorized
 by the provisions of this act shall not occur until the town of  Clarks-
 town has complied with any federal requirements pertaining to the alien-
 ation  or conversion of parklands, including satisfying the secretary of
 the interior that the alienation or conversion complies with all  condi-
 tions  which the secretary of the interior deems necessary to assure the
 substitution of other lands shall be equivalent in fair market value and
 usefulness to the lands being alienated or converted.
   § 5. This act shall take effect immediately.