This Legislature hereby finds and determines that, in order
to implement the County policy of conserving, preserving and protecting
its environmental assets and natural and man-made resources; its open
spaces; its agricultural and forest lands; areas which are significant
because of their scenic or natural beauty or wetland, shoreline, geological
or ecological character; and areas which are significant because of
their historical, archaeological, architectural or cultural amenities,
a procedure must be established for the acquisition of conservation
easements critical to the enhancement and improvement of recreational
opportunities, tourism, community attractiveness, balanced economic
growth and the quality of life for all citizens of Suffolk County.
Therefore, the purpose of this chapter is to establish a formal mechanism
for the acquisition of conservation easements by the County of Suffolk.
As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Board of Trustees of the Suffolk County Department of
Parks, Recreation and Conservation.
CONSERVATION EASEMENT
An easement, covenant, restriction or other interest in real
property, created under and subject to the provisions of this chapter,
which limits or restricts development, management or use of such real
property for the purpose of preserving or maintaining the scenic,
open, historic, archaeological, architectural or natural condition,
character, significance or amenities of the real property in question.
DEPARTMENT
The Suffolk County Department of Environment and Energy,
Division of Real Property Acquisition and Management.
NOT-FOR-PROFIT CONSERVATION ORGANIZATION
A not-for-profit corporation organized, inter alia, for the
conservation or preservation of real property and which has the power
to acquire interests in real property. Such organization must have
qualified as exempt for federal tax purposes pursuant to Section 501(c)(3)
of the Internal Revenue Code or any similar successor statutory provisions.
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 definition, natural resources shall include, but not be limited
to, agricultural lands, defined as "open lands," actually used in
bona fide agricultural production.
THIRD-PARTY-ENFORCEMENT RIGHT
A right which may be granted in a conservation easement which
empowers a public body or a not-for-profit conservation organization
which is not a holder of the easement to enforce any of the terms
of the easement.
A conservation easement held by a not-for-profit conservation
organization may only be modified or extinguished:
A. As provided in the instrument creating the easement;
B. In a proceeding pursuant to § 1951 of the New York Real
Property Actions and Proceedings Law; or
C. Upon the exercise of the power of eminent domain.