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

2025 Regular Session

Allows Clarkstown to lease a 0.219-acre park parcel to Homeland Towers for up to 40 years for a wireless tower, with lease proceeds funding park improvements.

REFERRED TO LOCAL GOVERNMENTS

Purpose of the Bill

Authorizes the Town of Clarkstown (Rockland County) to discontinue designated parklands and lease a portion to Homeland Towers LLC for up to 40 years to install and operate a wireless communications tower.

Requires that lease proceeds be used to fund capital improvements or acquisitions of additional park and recreational facilities.

Key Provisions and Changes

Section 1: Authorization to Lease

The town’s governing body may discontinue the described parklands and lease the land to Homeland Towers LLC for up to 40 years.
The lease is to be at fair market value.
The primary use of the land under lease is for placement and operation of a wireless communication tower.
All lease proceeds must be spent on park and recreational facility capital improvements or new park/recreation facilities.

Section 2: Description of the Land

Identifies a specific 0.219-acre parcel within Clarkstown to be leased.
The parcel is a portion of lands associated with Town deeds (Instrument No. 2020-00000341) and is located near Brewery Road.
The description includes precise bearings and distances and references an Existing Conditions Survey (dated 2025, revised 2026).

Section 3: Reversion if Use Terminates

If the land ceases to be used for the stated purpose (i.e., housing and operating a wireless tower), the lease terminates.
The land reverts to Clarkstown for public park and recreational use.
The tower must be removed, and the property returned to its prior state consistent with park/recreational purposes.

Section 4: Federal Requirements

If federal funding supported the parkland purchase, maintenance, or improvement, the town must comply with federal requirements related to alienation/conversion.
Specifically, the secretary of the interior must be satisfied that substitute lands are equivalent in fair market value and usefulness.

Section 5: Effective Date

The act takes effect immediately upon passage.

Who/What is Affected

Town of Clarkstown: Authorized to discontinue a small parkland parcel and enter into a 40-year lease.

Homeland Towers LLC: Tenant, to locate and operate a cellular/wireless tower on the leased parcel.

Park and recreational system: Receives proceeds from the lease to fund improvements or acquisitions.

Public: Potential impact on parkland availability and nearby access, subject to reversion if the tower use ends.

Procedural and Timeline Considerations

Legislative action: Introduced May 15, 2026; referred to the Committee on Local Governments.

No explicit dates for public notice, environmental review, or planning approvals are stated in the text; such steps would typically accompany a parkland alienation and lease in practice.

Duration of lease: Up to 40 years, with reversion of land to park use if the tower ceases operation.

Notable Details

Land description is highly specific, including surveying references and a precise 0.219-acre parcel.

Proceeds are earmarked exclusively for park-related capital improvements or acquisitions.

The bill includes protections to ensure substitute lands of equivalent value/use if federal funds were involved.

This summary presents the bill’s intent, core terms, affected parties, and key procedural aspects to help readers understand its scope and impact.