[Adopted 3-10-1987 as part of L.L. No. 1-1987[1]]
[1]
Editor's Note: This local law also provided for the adoption of Art. IV, Conservation Easements, of Ch. 298, Taxation.
It is the purpose of this article to provide for the acquisition of conservation easements by the Town of Southampton over real property for the conservation of open space and areas which shall constitute a valid public purpose.
For the purposes of this article, the terms used herein are defined as follows:
CONSERVATION EASEMENT
An easement, covenant, restriction or other interest in real property which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open or natural condition, character, significance or amenities of the real property.
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 be limited to agricultural lands, defined as open lands, actually used in bona fide agricultural production.
A. 
Proposal by owner. Any owner or owners of land may submit a proposal to the Conservation Board of the Town of Southampton for the granting of a conservation easement. Such proposal shall be submitted in such manner and form as may be prescribed by such Conservation Board and shall include a survey map and metes and bounds description of the proposed area.
B. 
Review by Conservation Board. Upon receipt of such proposal, the Conservation Board shall investigate the area to determine if the proposal would be of benefit to the people of the Town of Southampton and may negotiate the terms and conditions of the offer. If the Conservation Board determines that it is in the public interest to accept such a proposal, it should recommend to the Town Board that it hold a public hearing for the purpose of determining whether or not the Town should accept such proposal.
C. 
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 least 10 days' notice of the time and place of such hearing shall be published in the official newspaper of the Town. A copy of said notice shall also be posted on the Town Clerk's signboard.
[Amended 5-12-1992 by L.L. No. 20-1992]
D. 
Determination. The Town Board, after receiving the reports of the Conservation Board and after such public hearing, may adopt the proposal or any modification thereof it deems appropriate or may reject it in its entirety.
E. 
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 Suffolk County Clerk's office.
F. 
The owner shall pay to the Town a fee of $50, which shall be deemed a reasonable sum to cover the costs of administration, no part of which shall be returnable to the applicant.
A. 
All conservation easement proposals accepted by the Town Board pursuant to § 247-18D of this article shall be in a form acceptable to the Town Attorney, but at a minimum should meet the following standards:
(1) 
In the case of agricultural land used for agricultural production, as defined in § 301 of the Agricultural and Markets Law of the State of New York, the grantor must 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) 
In all other cases, the grantor must 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 Conservation Board.
(3) 
Land covered by a conservation easement may be sold, but the terms and conditions of the conservation easement shall run with the land and shall continue for the term of the conservation easement.
(4) 
A conservation easement may not be alienated by the Town except as provided in Article II of this Chapter 247, Open Space, of the Town Code.
(5) 
A conservation easement may only be modified or extinguished as permitted by Subdivision 1 of § 49-0307 of the Environmental Conservation Law of the State of New York. Where a conservation easement is extinguished, except by eminent domain, the penalties provided for in § 298-12 of this Code shall be paid.
(6) 
Conservation easements must have a minimum term of five years. There shall be no maximum term, and conservation easements may be perpetual in duration.
B. 
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.