This article is adopted pursuant to § 491 of the Real
Property Tax Law.
In this article, the following terms shall have the following
meanings:
NATURAL RESOURCES
Shall include, but not be limited to, agricultural lands
defined as open lands actually used in bona fide agricultural production.
OPEN SPACE or OPEN AREA
Any space or area characterized by natural scenic beauty
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 conservation
of natural or scenic resources.
If there is a violation of the terms and conditions of the conservation
easement agreement or if such conservation easement agreement is canceled
by the Town Board upon petition, then the owner or owners of such
property must pay to the Town the following amounts:
A. All taxes abated pursuant to the conservation easement agreement,
as limited by the remainder of this section, including, if applicable,
those taxes imposed by the county, Town, school districts and special
improvement districts and all other taxing units to which the property
is subject. Repayment of the aforementioned abated taxes shall be
equal to five times the taxes saved in the last year in which the
land benefited from a conservation easement agreement exemption, plus
interest of 6% per year compounded annually for each year in which
an exemption was granted, not exceeding five years.
B. Payments shall be added by or on behalf of each taxing jurisdiction
to the taxes levied on the assessment roll prepared on the basis of
the first taxable status date after there is a violation of the terms
and conditions of the conservation easement or such conservation easement
if cancelled.