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Bill

S 10522

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 Introduced by Bill Weber

Town of Clarkstown can lease 0.219-acre parkland to Homeland Towers for a wireless tower up to 40 years; lease proceeds fund park/recreational improvements.

REFERRED TO LOCAL GOVERNMENT
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Bill Summary · S 10522

Overview

  • Bill: S 10522 (2025-2026 Session, New York)
  • Purpose: Authorizes the Town of Clarkstown (Rockland County) to discontinue designated parklands and lease them to Homeland Towers LLC for the placement and operation of a wireless cellular tower, for up to 40 years. Proceeds from the lease are to be used for capital improvements or acquisitions of park/recreational facilities.
  • Effective date: Immediate upon enactment.

Key Provisions

  • Section 1: Authorization to alienate parklands

    • The Town of Clarkstown may discontinue use of specific parklands and lease the land to Homeland Towers LLC at fair market value.
    • Lease term: Not to exceed 40 years.
    • Use: Placement and operation of a wireless communication tower.
    • Proceeds use: Funds must be used for capital improvements to existing park and recreational facilities and/or for acquiring additional park/recreational facilities.

  • Section 2: Description of leased land

    • Identifies a specific parcel in Clarkstown (0.219 acres) described by metes and bounds, referenced to a prior Town land record (Instrument No. 2020-00000341) and a map/dimensions.
    • Subject to:
    • Any recorded or unrecorded easements.
    • Public rights over Brewery Road.
    • Map reference: Existing Conditions Survey (Lawson Surveying and Mapping, dated Nov. 11, 2025; revised Mar. 13, 2026).

  • Section 3: Reversion if purposes cease

    • If the land ceases to be used for the stated purpose (cell tower/wireless tower), the lease terminates.
    • The land reverts to Clarkstown for public park/recreational use.
    • The tower must be removed, and the property restored to its prior park/recreational state.

  • Section 4: Federal requirements on funded parklands

    • If the town received federal funding for the parklands, the alienation cannot occur until federal obligations are satisfied.
    • The town must comply with federal requirements ensuring substitution of other lands of equal fair market value and usefulness, as deemed necessary by the Secretary of the Interior.

  • Section 5: Effective date

    • Act takes effect immediately upon enactment.

Affected Parties and Impacts

  • Affected Lands: A specific 0.219-acre parcel of parkland in Clarkstown.
  • Local Government: Town of Clarkstown gains authority to alienate (lease) parkland for a wireless tower under the outlined terms.
  • Lessee: Homeland Towers LLC would gain a long-term lease (up to 40 years) for tower placement and operation.
  • Public Interest: Proceeds from the lease are earmarked for enhancing park and recreational facilities, potentially expanding or upgrading local parks.
  • Federal Considerations: If federal funding supported the parklands, the act requires ensuring compliance with federal substitution requirements before alienation.

Procedural and Timeline Considerations

  • Legislative Path: Introduced in the Senate and referred to the Committee on Local Government; co-sponsored by Bill Weber.
  • Timeline: The bill text indicates an immediate effective date upon enactment; no specific calendar milestones (e.g., public hearings or sunset clauses) are provided beyond the standard legislative process.
  • Oversight: Any lease would be subject to town board terms and market-rate lease considerations, with periodic review implied by the reversion and funding compliance provisions.

Potential Questions for Stakeholders

  • How will fair market value be determined for the lease, and what safeguards ensure competitive bidding or transparent appraisal?
  • What are the potential impacts on park users and access during construction and operation of the tower?
  • How will the revenue be tracked and reported to ensure proceeds are applied to park improvements as required?
  • If federal funds were used for the parkland, what specific substitution requirements would apply, and how would they be verified?

Compiled from official sources — confirm details with the bill’s official record.

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