Clarkstown may lease parkland for a wireless tower

Clarkstown’s governing body may discontinue the parcel as parkland and lease it to Homeland Towers LLC for a wireless communication tower. The authorization covers a 0.219-acre parcel in Clarkstown, Rockland County, described by the boundary measurements in section 2. The lease must be at fair market value and may last no more than 30 years. Lease proceeds must fund improvements to existing parks and recreation facilities or the purchase of additional park and recreation facilities. The town must act through its governing body and follow the act’s other conditions. The act takes effect immediately; the lease term may not exceed 30 years.

The lease must end and the land must return to Clarkstown for public park and recreation use if it stops being used for the wireless tower. This rule applies to the parcel described in section 2 and to the wireless communication tower placed there. The tower must be removed when the land returns to the town. The property must be restored to its previous condition consistent with park and recreation use. The lease terminates when the parcel ceases to be used for the authorized purpose, and reversion occurs at that time.

Clarkstown may not discontinue or transfer the parkland until it meets applicable federal requirements tied to the land’s federal funding. This condition applies if Clarkstown received federal funding or assistance for purchasing, maintaining, or improving the specified parkland. The town must satisfy federal requirements for changing the parkland’s use. The Secretary of the Interior must be satisfied that any replacement land has equivalent fair market value and usefulness, along with any other required conditions. The transfer cannot occur until the required federal conditions have been met.