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.
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.