This chapter shall hereinafter be known and
cited as the "Conservation Easement Law of the Town of Eden, New York."
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 Eden may acquire by purchase, gift, grant, bequest, devise, lease or otherwise the fee of 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 §
95-5 herein.
In accordance with § 247 of the General
Municipal Law of the State of New York, the Town Board of the Town
of Eden 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 Eden.
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, aesthetic 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.
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, historic, architectural or the natural or physical
condition of the real property. The landowner shall not be required
to grant public access to the land (but shall not deny access to authorized
public officials for the purpose of verifying compliance with the
requirements of this chapter). The landowner shall retain all other
rights in and to the property except as expressly limited or restricted
by the easement granted as provided herein.
[Amended 10-9-2013 by L.L. No. 3-2013]
After acquisition of any such interest pursuant to this chapter,
the valuation placed upon such area for purposes of real estate taxation
shall take into account and be limited by the limitation of the future
use of the land. The limitation will be calculated by the Assessor,
first determining the ongoing market value of farmland in the immediate
area of the Town of Eden. Secondly (subject to due authorization by
special legislation from the State of New York), the vacant land within
the conservation easement of the parcel will have the assessment reduced
by the following percentages, thus compensating for the loss in value
due to the conservation easement being placed upon the vacant land
within the conservation easement of the parcel:
Commitment
|
Percentage of Reduction
|
---|
15 to 29 years
|
50%
|
30 to 49 years
|
75%
|
50 years or more
|
85%
|
The Conservation Advisory Board (CAB) is hereby
authorized to investigate reports of violations of the terms and conditions
of all conservation easements in the Town of Eden. The CAB shall report
to the Town Board and the Board of Assessors any findings it makes
as a result of its investigations within 30 days after completing
its investigation. The CAB shall also annually conduct a review of
the existing inventory of conservation easements in the Town of Eden
and verify that each parcel is in compliance with the provisions of
its applicable agreement. The CAB shall file its annual report with
the Town Board and the Board of Assessors at least 10 days prior to
the annual taxable status date.
[Amended 10-9-2013 by L.L. No. 3-2013]
If there is a violation of the terms and conditions of the conservation
easement agreement or if said agreement is canceled by the Town Board
upon petition, the then-owner or owners of said property must pay
to the Town of Eden the following amounts:
A. All taxes, charges and assessments abated under and pursuant to the
conservation easement agreement, as limited by the remainder of this
subsection, including those taxes imposed by the state, county, Town,
school districts and all special improvement districts and other taxing
units to which the property is subject (hereafter "abated taxes").
Repayment of the aforementioned abated taxes shall be based upon the
following calculations:
(1) Easement agreements violated or canceled before their 15th year will
be subject to a repayment of the amount of the taxes abated for the
past year, multiplied by five.
(2) Easement agreements violated or canceled between their 15th and 20th
year will be subject to a repayment of the amount of the taxes abated
for the past year, multiplied by four.
(3) Easement agreements violated or canceled after their 20th year will
be subject to a repayment of the amount of the taxes abated for the
past year, multiplied by three.
B. A penalty which is based upon the amount of the taxes abated for
the past year, multiplied by a factor (not to exceed 25) equal to
the duration of the easement agreement, plus 6%.