This chapter hereinafter shall be known and cited as the "Conservation
Easement Law of the Town of Clarence," Local Law No. 3 of 1997.
It is the purpose of this chapter to provide for the acquisition of interests or rights in real property for the preservation of open space and areas which shall constitute a public purpose for which public funds may be expended or advanced after due notice and a public hearing, by which the Town of Clarence may acquire by purchase, gift, grant, bequest, devise, lease or otherwise the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to acquire open space or open area as the same is defined in §
8-5 herein.
In accordance with § 247 of the General Municipal Law of the
State of New York, the Town Board of the Town of Clarence has the authority
to acquire such interests or rights in land. Pursuant to the above authority,
the Town Board has prepared and adopted this chapter setting forth standards
to be followed in the acquisition of such interest.
This chapter shall apply to the entire area of the Town of Clarence.
For the purpose of this chapter, the terms used herein are defined as
follows:
NATURAL RESOURCES
Any physical material that naturally occurs within a spatial boundary
that may include, but not be limited to, mineral deposits, soil, water, trees,
air and plant or animal habitat and species.
OPEN SPACE or OPEN AREA
Any space or area characterized by natural scenic beauty or whose
existing openness, natural condition or present state of use, if retained,
would enhance the present or potential value of abutting or surrounding lands
or would maintain or enhance the conservation of natural resources.