It is the purpose of this chapter to provide for the acquisition
of, and in appropriate cases the modification or termination of, conservation
easements by the Town of East Hampton over real property situate in
the Town for the conservation, preservation and protection of the
environmental resources and the natural and man-made attributes and
values of such lands. Such areas are significant because of their
scenic or natural beauty, geological or ecological character or historical,
archaeological or cultural amenities, and the conservation, preservation
and protection of these characteristics is fundamental to the maintenance
and enhancement of recreational and commercial opportunities, tourism,
community attractiveness, balanced growth and the quality of life
in the Town generally.
As used in this chapter, the following terms shall have the
meanings indicated:
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, natural or existing character, condition, significance
or amenities of the real property.
DEVELOPMENT
The process of converting a tract of land to a specific purpose
either through man-made physical changes to the real estate or by
making application for permits or approvals from local, county, state
or federal government agencies for permission or approval to improve,
convert or otherwise change the physical or legal status of the property.
Pursuant to this chapter, when a conservation easement provides that
the subject property shall not be developed, such proscription shall
specifically include, but not be limited to, making application to
the Town for a subdivision, subdivision waiver, site plan approval,
special permit or building permit.
OPEN SPACE OR OPEN AREA
Any lands or waters within the Town characterized by natural
scenic beauty or whose open character, natural condition or present
state, if retained, would enhance the present or potential value of
adjacent, surrounding or nearby lands or development or would maintain
or enhance the conservation of natural, cultural or scenic resources.
For the purposes of this chapter, natural resources shall include
but not be limited to agricultural lands as open lands suitable for
use in bona fide agricultural production.
The Town Board of the Town of East Hampton may not modify, alienate
or terminate any easement granted to the Town of East Hampton, whether
pursuant to this chapter or under the provisions of § 247
of the General Municipal Law or Title 3 of the Environmental Conservation
Law, unless a proposition to do so has been approved by the electors
of the Town of East Hampton at a special or biennial Town election.
It shall be unlawful for any person, firm or corporation to
violate the terms of any conservation easement granted to the Town
of East Hampton.
[Amended 9-5-2003 by L.L. No. 29-2003]
A. Any
person, firm, corporation or other entity that commits a violation
of this chapter shall be subject to a fine not to exceed $1,000 or
to imprisonment for not more than six months, or both, for each and
every such violation.
B. In
lieu of or in addition to these punishments, any offender may be punished
by being ordered to restore the affected property to its condition
prior to the offense, insofar as that is possible. Any such order
shall specify a reasonable time for the completion of such restoration,
which shall be effected under the supervision of the approving authority.
C. After
the date on which the Building Inspector, Ordinance Enforcement Officer,
or other responsible Town official shall have provided notice of a
violation or a stop-work order to the offender, each day's continuance
thereof shall be deemed a separate and distinct offense.
D. In addition to any other remedies in equity or law available
to the Town, where a conservation easement is violated or extinguished,
except by eminent domain, the penalties provided for in § 255-10
of this Code shall be paid.