[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:
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.
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.
A.
Proposal by owner.
(1)
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.
(2)
Upon receipt of such proposal, the Board of Trustees
shall refer it to the Planning Board for its review and recommendation
to the Board.
(3)
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.
(4)
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.
B.
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]
C.
No conservation easement may be amended to permit
any type of residential, business, commercial or industrial development.
D.
All conservation easements shall be recorded by the
owner or owners in the Westchester County Clerk's office.
E.
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.
