It is the purpose of this article 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 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 § 185-241 herein.
In accordance with § 247 of the General Municipal
Law of the State of New York, the Town Board has the authority to
acquire such interests or rights in land. Pursuant to the above authority,
the Town Board has prepared and adopted this article setting forth
standards to be followed in the acquisition of such interest.
This article shall apply to the entire area of the Town.
For the purpose of this article, the terms used herein are defined
as follows:
Any space or area characterized by natural scenic beauty
or whose existing openness, natural condition or present state of
use, if retained, would maintain and 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
be limited to agricultural lands defined as open lands actually used
in bona fide agricultural production.
An easement or similar interest in real property which limits
or restricts development, management or use of open space or other
real property for the purpose of preserving or maintaining the scenic,
open, natural or existing character, conditions, significance or amenities
of the open space or other real property. This term shall include
an instrument granting any of the foregoing limiting or restrictive
interests to the Town, whether denominated "conservation easement,"
"scenic easement," "scenic and conservation easement," "agricultural
easement," "agricultural use easement," "large lot easement," "large
lot scenic easement" or by some similar label. The substance of such
instruments, however identified, shall be determined by the Town Board.
A.
Proposal by owner. Any owner or owners of five or more acres of undeveloped
or agricultural land which is suitable for residential development
may submit a proposal to the Town Board for the granting of interests
or rights in real property for the preservation of open spaces or
areas, provided that the owner or owners are not receiving tax abatement
pursuant to New York State Agricultural and Markets Law, Article 25.
Such proposals shall be submitted in such manner and form as may be
prescribed by such Town Board and shall include a Real Property Tax
Map and a concise description of the areas proposed for the open space
protection easement proposed area. The owner shall pay to the Town
an application fee as required by the Town's fee schedule which shall
be deemed a reasonable sum to cover the costs of administration, no
part of which shall be returnable to the applicant.
B.
Review by Environmental Board. Upon receipt of such proposal, the
Town Board shall refer such proposal to the Environmental Board. The
Environmental Board shall investigate the area to assess whether the
proposal would be of benefit to the people of the Town. In making
this assessment, the Environmental Board shall consider the composite
ratings provided for key parcels in the Town's Resource Inventory
and Evaluation Report and other factors it deems relevant. Within
30 days of the Town Board referral, the Environmental Board shall
make an advisory recommendation to the Town Board for the purpose
of advising whether or not the Town should accept such proposal.
C.
Public hearing by Town Board. If the Town Board determines it appropriate
to advance the proposal to a hearing, it shall, within 45 days of
the receipt of the Environmental Board's advisory recommendation,
hold a public hearing concerning such proposal at a place within the
Town. At least 10 days' notice of the time and place of such hearing
shall be published in a paper of general circulation in the Town.
Written notice of such proposal shall be given to Monroe County and
to the school district in which it is located.
D.
Determination. The Town Board, after such public hearing, may adopt
the proposal or any modification thereof it deems appropriate or may
reject it in its entirety. In making its determination, the Town Board
shall consider recommendations of the Environmental Board, Monroe
County and the school district.
E.
Recording agreement. If such proposal is adopted by the Town Board,
it shall be executed by the owner or owners in written form suitable
for recording in the Monroe County Clerk's office.
After acquisition of any such interest pursuant to this article,
the valuation placed upon such area for the purpose of real estate
taxation shall take into account and be limited by the limitation
on the future use of the land.
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, the owner or owners of said property
must pay to the Town the following amounts in taxes and penalties:
A.
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 terminated prior to beginning of the 11th
year will be subject to a five-year maximum rollback; an easement
terminated between its 11th and 15th year will be subject to a four-year
maximum rollback; an easement terminated in its 16th year or later
will be subject to a three-year maximum rollback.
B.
A penalty 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.
