Town of Stony Point, NY Conservation

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 Stony Point may acquire by purchase, gift, grant, bequest, devise, lease or otherwise the fee of any or lesser interest, development right, easement, covenant or other contractual right necessary to acquire open space or open area as the same is defined in § 80-5 herein.

§ 80-3 Legislative authority.

In accordance with § 247 of the General Municipal Law of the State of New York, the Town Board of the Town of Stony Point 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.

§ 80-4 Jurisdiction.

This chapter shall apply to the entire area of the Town of Stony Point.

§ 80-5 Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:

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 urban development or would maintain or enhance the conservation of natural or scenic resources. For the purposes of this section, natural resources shall include, but not are limited to, agriculture lands defined as "open lands" actually used in bona fide agricultural production.

§ 80-6 Procedure for granting easement; fee.

Proposal by owner. Any owner or owners of land may submit a proposal to the Town Assessor of the Town of Stony Point for the granting of interests or rights in real property for the preservation of open spaces or areas. Such proposal shall be submitted in such manner and form as may be prescribed by the Town Assessor and shall include a survey map and metes and bounds description of the proposed area. The owner shall pay to the town a fee as set forth from time to time by resolution of the Town Board[1] which shall be deemed a reasonable sum to cover the costs of administration, no part of which shall be returnable to the applicant.

[1]

Editor's Note: See Ch. A221, Fee Schedule.

Review by Town Assessor. Upon receipt of such proposal, the Town Assessor shall investigate the area to determine if the proposal would be of benefit to the people of the Town of Stony Point and may negotiate the terms and conditions of the offer. If the Town Assessor determines that it is in the public interest to accept such a proposal, the Assessor shall recommend to the Town Board that the Town Board hold a public hearing for the purpose of determining whether or not the Town should accept such proposal.

Public hearing by Town Board. The Town Board shall, within 45 days of receipt of such advisory opinion, hold a public hearing concerning such proposal at a place within the Town of Stony Point. At least 10 days' notice of the time and place of such hearing shall be published in a paper of general circulation in such town, and a written notice of such proposal shall be given to all adjacent property owners and to any municipality whose boundaries are within 500 feet of the boundaries of said proposed area, to the Rockland County Planning Department and to the school district in which it is located.

Determination. The Town Board, after receiving the reports of the Town Assessor and the Rockland County Planning Department, and after such public hearing, may adopt the proposal or any modification thereof it deems appropriate or may reject it in its entirety.

Recording agreement. If such proposal is adopted by the Town Board, it shall be executed by the owner or owners in written form and in a form suitable for recording in the Rockland County Clerk's Office.

Cancellation. Said agreement may not be canceled by either party. However, the owner or owners thereof may petition the Town Board for cancellation upon good cause shown, and such cancellation may be granted only upon payment of the penalties provided in § 80-8.

§ 80-7 Valuation for taxation.

After acquisition of any such interest pursuant to this chapter, the valuation placed upon such area for the purposes of real estate taxation shall take into account and be limited by the limitation on the future use of the land.

§ 80-8 Penalties for violation or cancellation of agreement.

If there is a substantial violation of the terms and conditions of the Conservation Easement Agreement or if said Agreement is canceled by the Town Board upon petition, then the owner or owners of said property must pay to the Town of Stony Point the following amounts:

All taxes granted abatement under and pursuant to the Conservation Easement Agreement, said taxes to include the state, county, town, school districts and all special improvement districts and other taxing units to which the property is subject. Said back taxes shall be limited as follows: any easement broken before its 11th year will be subject to a five-year maximum roll back; any easement broken in its 11th through 15th years will be subject to a four-year maximum roll back; an easement broken in its 16th year or later will be subject to a three-year maximum roll back.

The penalties shall be assessed on the basis of the previous year's tax abatement multiplied by a factor equal to the term of the easement divided by the current year of the easement. This factor shall not exceed five.