This chapter shall hereinafter be known and cited as the "Conservation
Easement Law of the Town of Busti."
It is the purpose of this chapter to provide for the acquisition of permanent interests or rights in real property by the Town of Busti for the preservation of open space or open areas, as defined in §
209-5 of this chapter. Such interests or rights may be acquired by purchase, gift, grant, bequest, devise, lease or otherwise and shall constitute a public purpose for which public funds may be expended or advanced after due notice and public hearing.
The Conservation Easement Law of the Town of Busti is authorized
and has been enacted by the Town Board of the Town of Busti pursuant
to § 49-0301 et seq. of the Environmental Conservation Law
of the State of New York and § 247 of the General Municipal
Law of the State of New York.
This chapter shall apply to the entire area of the Town of Busti.
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, historic, architectural or other natural or physical
condition of the real property.
CONSERVATION VALUES
The scenic, open, historic, architectural or other natural
or physical conditions protected by a conservation easement.
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 purposes of this
section, natural resources shall include but not be limited to agricultural
lands, defined as open lands actually used in bona fide agricultural
production.
PROTECTED PROPERTY
Any property subject to a conservation easement granted to
the Town of Busti pursuant to this chapter.
Protected property shall be monitored by the Code Enforcement
Officer of the Town of Busti to ensure that the use of the protected
property is consistent with the terms of the conservation easement.
The Code Enforcement Officer shall report substantial violations of
the terms and conditions of any conservation easement to the Town
Board.
Every conservation easement accepted by the Town shall contain
the following violation provisions:
A. Notice. If there is a substantial violation of the terms and conditions
of any conservation easement or a substantial violation is threatened,
the Town Board shall give written notice to the owner of the protected
property of such violation and demand corrective action sufficient
to cure the violation and, where the violation involves injury to
the protected property, to restore the protected property so injured.
B. Failure of owner to correct violation. If the owner of protected
property fails to cure the violation within 30 days after receipt
of notice thereof from the Town Board, or within such other reasonable
period as the Town Board may specifically permit, the Town Board may
bring an action at law or in equity in a court of competent jurisdiction
to:
(1) Enforce the terms of the conservation easement.
(2) Enjoin the violation, by temporary or permanent injunction.
(3) Recover any damages to which it may be entitled for violation of
the terms of the conservation easement or injury to any conservation
values protected by the conservation easement, including damages for
the loss of scenic, aesthetic or environmental values.
(4) Require the restoration of the protected property to the condition
that existed prior to any such injury. Additionally, in any such action
where the Town prevails, the Town shall be entitled to recover its
reasonable costs, including attorneys' fees, incurred.
C. Immediate action required. If the Town Board, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the protected property, the Town Board may pursue its remedies under Subsection
B above without prior notice to the owner of the protected property or without waiting for the period provided for cure to expire.
D. Rights of other parties. Nothing within Subsection
A,
B or
C above shall restrict any rights of enforcement held by any third party in regard to this conservation easement.
Every conservation easement accepted by the Town shall contain
the following duration and termination provisions:
A. Duration. All conservation easements conveyed to the Town pursuant to this chapter shall be of perpetual duration, except as provided in Subsections
B and
C below.
B. Acquisition of fee simple interest by the Town. In the event that the Town acquires a fee simple interest in the property subject to the conservation easement, by eminent domain or otherwise, the conservation easement is terminated. Such termination shall not be subject to any cancellation payments under Subsection
C below.
C. Cancellation payments. The owner or owners of protected property for which a conservation easement has been granted pursuant to §
209-6 of this chapter may petition the Town Board for cancellation of the conservation easement. Such cancellation, if approved by the Town Board, shall be granted upon payments as specified below:
(1) Reimbursement component. All taxes saved and abatements granted pursuant to §
209-7A of this chapter, including any state, county, Town, school district or any special improvement district or other taxing unit to which the property is subject, must be repaid to the Town. Said taxes and abatements shall be computed by determining the difference between the amount of taxes paid on the protected property during the first year after a reduced assessment was granted pursuant to §
209-7A of this chapter and the amount of taxes paid the year prior thereto and multiplying said difference by three times the number of complete years a reduced assessment has been granted. The Town shall reimburse the other taxing units in proportion to their appropriate abatement.
(2) Penalty component. An amount equal to the reimbursement component
shall be paid to the Town.
D. Discretion of the Town Board. Notwithstanding Subsection
C above, if a reduced valuation assessment has been granted pursuant to §
209-7A of this chapter for a period in excess of 25 years, the Town Board shall have sole discretion to deny the petition for cancellation or impose an alternate penalty, which shall not be less than any amount that would be due under Subsection
C(1) and
(2) above.
E. Management of funds from cancellation. All funds accruing to and received by the Town as cancellation payments pursuant to Subsection
C or
D above shall be deposited in a trust account dedicated for the acquisition and maintenance of open space.
The Town Board, at its discretion, may accept a conservation easement which alters or omits any of the provisions required to be in a conservation easement pursuant to §§
209-9 and
209-10 of this chapter.