This chapter shall hereinafter be known and cited as the "Conservation
Easement Law of the Town of Stony Point."
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 Stony Point may acquire by purchase, gift, grant, bequest, devise, lease or otherwise the fee of any or lesser interest, development right, easement, covenant or other contractual right necessary to acquire open space or open area as the same is defined in §
80-5 herein.
In accordance with § 247 of the General Municipal Law of the
State of New York, the Town Board of the Town of Stony Point 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 Stony Point.
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 or scenic
resources. For the purposes of this section, natural resources shall include,
but not are limited to, agriculture lands defined as "open lands" actually
used in bona fide agricultural production.
After acquisition of any such interest pursuant to this chapter, the
valuation placed upon such area for the purposes of real estate taxation shall
take into account and be limited by the limitation on the future use of the
land.
If there is a substantial violation of the terms and conditions of the
Conservation Easement Agreement or if said Agreement is canceled by the Town
Board upon petition, then the owner or owners of said property must pay to
the Town of Stony Point the following amounts:
A. All taxes granted abatement under and pursuant to the
Conservation Easement Agreement, said taxes to include the state, county,
town, school districts and all special improvement districts and other taxing
units to which the property is subject. Said back taxes shall be limited as
follows: any easement broken before its 11th year will be subject to a five-year
maximum roll back; any easement broken in its 11th through 15th years will
be subject to a four-year maximum roll back; an easement broken in its 16th
year or later will be subject to a three-year maximum roll back.
B. The penalties shall be assessed on the basis of the previous
year's tax abatement multiplied by a factor equal to the term of the easement
divided by the current year of the easement. This factor shall not exceed
five.