[HISTORY: Adopted by the Town Board of the Town of East Hampton 8-21-1987 as part of L.L. No. 11-1987. (This local law also provided
for the adoption of Art. III, Conservation Easements, of Ch. 225.)
Amendments noted where applicable.]
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:
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.
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.
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.
A.
Local
agency approval. Where the easement is offered to the Town pursuant
to a condition or requirement of an approval or permit granted to
the owner of the affected property by an agency or board of the town,
the Town Board may accept such grant of an easement after a public
hearing held upon due notice as provided for in § 247, Subdivision
2, of the General Municipal Law.
B.
Proposal
by owner. Any owner or owners of land may, on their own initiative,
offer to grant a conservation easement to the town. Where such a grant
of an easement is offered to the town, the Town Board shall, before
taking any action, refer the matter to the Town Planning Department
for its recommendation. The Planning Department shall review the proposed
easement and investigate the areas or lands covered by the easement
to determine if the proposal would be of benefit to the people of
the Town of East Hampton by furthering the purposes set forth in this
chapter. In formulating its recommendation, the Planning Department
may consult with or solicit the advice of any other agency or department
of the Town or with any bona fide nonprofit conservation organization
having particular or special knowledge of the areas or lands covered
by the proposed easement. The Planning Department shall submit its
findings and recommendations to the Town Board in writing. Upon receipt
of such recommendation, the Town Board may accept such grant of an
easement if it determines, after a public hearing held upon due notice
as provided for in § 247, Subdivision 2, of the General
Municipal Law, that it is in the public interest and would further
the purposes set forth in this chapter.
A.
All conservation easements accepted by the Town Board pursuant to § 16-3 of this chapter shall be in a form acceptable to the Town Attorney but at a minimum shall meet the following standards:
(1)
The easement shall be in writing in a form prescribed by the Town
and executed by the owner or owners of the affected property. The
easement shall be in a form suitable for recording in the office of
the Suffolk County Clerk.
(2)
The easement shall describe the property encumbered by the easement
by adequate legal description or by reference to a survey showing
its boundaries and bearing the seal and signature of a licensed land
surveyor.
(3)
Conservation easements must have a minimum term of five years. There
shall be no maximum term; all easements shall be perpetual in duration
unless otherwise provided in such instrument.
(4)
In the case of agricultural easements suitable for agricultural production
as defined in § 301 of the Agriculture and Markets Law of
the State of New York, the grantor must covenant and agree that the
land under the easement will not be developed, built upon or otherwise
changed during the term of the conservation easement except that agricultural
operations shall be permitted.
(5)
In all other cases, the grantor must agree that the land under the
easement will not be developed, built upon, cleared or otherwise disturbed
or changed during the term of the conservation easement, except that
bona fide conservation management measures may be permitted pursuant
to a conservation plan approved by the Director of Environmental Protection
of the Town.
(6)
Land covered by a conservation easement may be sold, but the terms
and conditions of the conservation easement shall run with the land
and shall continue for the term of the easement.
B.
Where
the parcel covered by the conservation easement contains a principal
dwelling or other buildings and structures, said dwelling, buildings
or structures shall be excepted from the conservation easement unless
the instrument, by its terms, expressly applies to such dwelling,
building or structure.
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.
