[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 7-27-2004 by L.L. No. 9-2004. Amendments noted where applicable.]
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 Village of Rye Brook or a qualified not-for-profit organization or land trust, through contract with the Village, 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 herein.
In accordance with § 247 of the General Municipal Law of the State of New York, the Board of Trustees of the Village of Rye Brook has the authority to acquire or to contract with a qualified not-for-profit organization or land trust for the acquisition of such interests or rights in land. Pursuant to the above authority, the Village Board has prepared and adopted this chapter setting forth standards to be followed in the acquisition of such interest.
As used in this chapter, the following terms shall have the meanings indicated:
- CONSERVATION EASEMENT
- An easement, restriction or other interest in real property created under the provisions of § 247 of the General Municipal Law and/or the provisions of §§ 49-0301 through 49-0311 of the Environmental Conservation Law, which limits or restricts the development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archeological, architectural, vegetative or other 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, vegetative or other natural condition or present state of use, if retained, would maintain or enhance the conservation of scenic, historic, archeological or architectural resources.
Proposal by owner.
Any owner or owners of land within the Village of Rye Brook may submit a proposal to the Village Board of Trustees for the granting of interests in real property for the preservation of open spaces or areas. Such proposal shall be submitted in such a manner and form as may be prescribed by the Board of Trustees and shall include a survey map and metes-and-bounds description of the proposed area. The owner shall pay to the Village a fee to be determined by the Board of Trustees. The current License and Fee Schedule is on file in the Village Clerk's office.
Upon receipt of such proposal, the Board of Trustees shall refer it to the Planning Board for its review and recommendation to the Board.
After receiving a recommendation from the Planning Board, if the Board of Trustees determines that it is in the public interest to accept such a proposal, then the Village Board shall conduct a public hearing on the issue of whether or not the Village should accept such proposal in accordance with the notification requirements of § 250-40 of the Village Code.
The Board of Trustees, after such public hearing, may adopt the proposal, or any modification thereof, it deems appropriate, or may reject it in its entirety.
Designation by the Board of Trustees or Planning Board. The Board of Trustees or Planning Board may 1) as a condition of subdivision, site plan, wetlands permit or steep slopes permit approval; or 2) in connection with a land use application with respect to land within specially designated zoning or overlay districts, require that a perpetual conservation easement be placed upon a portion of real property located within any residential, business, commercial or industrial district for the purpose of preserving or maintaining the scenic, open, historic, archeological, architectural or natural condition, character, significance or amenities of such real property.
[Amended 3-14-2006 by L.L. No. 5-2006]
No conservation easement may be amended to permit any type of residential, business, commercial or industrial development.
All conservation easements shall be recorded by the owner or owners in the Westchester County Clerk's office.
The Board of Trustees is hereby authorized to contract with a qualified not-for-profit corporation or land trust to assist in the creation, management and enforcement of conservation easements. All contracts for conservation easements required in connection with an approval by the Planning Board, as set forth in § 105-4B, may be referred by the Board of Trustees to the Planning Board for review and comment.
[Amended 3-14-2006 by L.L. No. 5-2006]
After acquisition of a conservation easement pursuant to this chapter, the assessed valuation placed upon such land area may take into consideration the limitation on the use of the land.