[HISTORY: Adopted by the Suffolk County Legislature 8-14-1990 by L.L. No.
27-1990 (Ch. 25 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
This Legislature hereby finds and determines that, in order
to implement the County policy of conserving, preserving and protecting
its environmental assets and natural and man-made resources; its open
spaces; its agricultural and forest lands; areas which are significant
because of their scenic or natural beauty or wetland, shoreline, geological
or ecological character; and areas which are significant because of
their historical, archaeological, architectural or cultural amenities,
a procedure must be established for the acquisition of conservation
easements critical to the enhancement and improvement of recreational
opportunities, tourism, community attractiveness, balanced economic
growth and the quality of life for all citizens of Suffolk County.
Therefore, the purpose of this chapter is to establish a formal mechanism
for the acquisition of conservation easements by the County of Suffolk.
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Trustees of the Suffolk County Department of
Parks, Recreation and Conservation.[1]
An easement, covenant, restriction or other interest in real
property, created under and subject to the provisions of this chapter,
which limits or restricts development, management or use of such real
property for the purpose of preserving or maintaining the scenic,
open, historic, archaeological, architectural or natural condition,
character, significance or amenities of the real property in question.
The Suffolk County Department of Environment and Energy,
Division of Real Property Acquisition and Management.[2]
A not-for-profit corporation organized, inter alia, for the
conservation or preservation of real property and which has the power
to acquire interests in real property. Such organization must have
qualified as exempt for federal tax purposes pursuant to Section 501(c)(3)
of the Internal Revenue Code or any similar successor statutory provisions.
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 definition, natural resources shall include, but not be limited
to, agricultural lands, defined as "open lands," actually used in
bona fide agricultural production.
A right which may be granted in a conservation easement which
empowers a public body or a not-for-profit conservation organization
which is not a holder of the easement to enforce any of the terms
of the easement.
A.Â
Any owner or owners of real property located and situated within
the County of Suffolk may submit a proposal to the Board and Department
for the granting of a conservation easement. Such proposal shall be
submitted in such manner and form as may be prescribed by said Board
and shall include a survey map and a metes-and-bounds description
of the proposed area to be granted as such an easement.
B.Â
Review by Board. Upon receipt of such proposal, the Board shall investigate,
or cause to be investigated by the Department, the area to determine
if the proposal would be of benefit to the people of the County of
Suffolk. The Department may also negotiate the terms and conditions
of the offer if requested to do so by the Board. If the Board determines
that it is in the public interest to accept such a proposal, it shall
recommend to the County Legislature that it hold a public hearing
for the purpose of determining whether or not the County should accept
such proposal.
C.Â
Public hearing by Legislature. The County Legislature shall, within
45 days after receipt of such recommendation, hold at least one public
hearing concerning such proposal. At least five days' notice
of the time and place of such hearing shall be published in the official
newspapers of the County of Suffolk. A copy of said notice shall also
be posted in each of the offices of the Suffolk County Clerk and the
Clerk of the County Legislature.
D.Â
Determination. The County Legislature, after receiving the reports of the Board and after such public hearing as is required by Subsection C of this section, may adopt the proposal or any modification thereof it deems appropriate or may reject the proposal in its entirety.
E.Â
Recording agreement. If such proposal is adopted by the County Legislature,
the agreement granting the conservation easement shall be executed
by the owner or owners in written form and in a form suitable for
recording in the Suffolk County Clerk's office.
A.Â
All conservation easement proposals accepted by the County Legislature pursuant to § 25-3D of this chapter shall be reduced to a written agreement in a form acceptable to the County Department of Law, but, at a minimum, should meet the following standards:
(1)Â
In the case of agricultural land used for agricultural production,
as defined in § 301 of the New York Agriculture and Markets
Law, the grantor shall agree that the land under the easement will
not be developed, built upon or otherwise changed during the term
of the conservation easement, except that agricultural operations
shall be permitted.
(2)Â
In all other cases, the grantor shall agree that the land under the
easement will not be developed, built upon or otherwise changed during
the term of the conservation easement, except that bona fide conservation
measures may be permitted pursuant to a conservation management plan
approved by the Board.
(3)Â
Land covered by a conservation easement may be sold. The terms and
conditions of the conservation easement shall constitute covenants
that shall run with the land and shall continue in full force and
effect during the entire term of the conservation easement.
(4)Â
A conservation easement may not be alienated by the County except
by charter law subject to mandatory referendum.
(5)Â
Conservation easements shall have minimum terms of five years. There
shall be no maximum term, and conservation easements may be perpetual
in duration.
(6)Â
Conservation easements shall contain third-party-enforcement rights.
B.Â
Where the parcel covered by the conservation easement contains a
principal dwelling or other buildings and structures, said dwelling,
buildings or structures shall be excepted from the conservation easement.
A conservation easement held by a not-for-profit conservation
organization may only be modified or extinguished:
A.Â
This chapter shall apply to all conservation easements granted or
obtained on or after the effective date of this chapter.
B.Â
This chapter shall not affect any interests or rights in real property
which are not conservation easements and shall not affect the rights
of owners to convey any interests in real property which they could
now create under existing law without reference to the terms of this
chapter. Nothing in this chapter shall diminish the powers granted
by any other law to acquire interests or rights in real property by
purchase, gift, eminent domain or otherwise and to use the same for
public purposes. Nothing in this chapter shall be construed to alter
the authority otherwise available to any public body to acquire conservation
easements for these purposes by eminent domain.
