[HISTORY: Adopted by the Town Board of the
Town of Eden 6-27-2001 by L.L. No. 5-2001. Amendments noted where
applicable.]
GENERAL REFERENCES
Agricultural Advisory Committee — See Ch. 5.
Flood damage prevention — See Ch. 114.
Historic preservation — See Ch. 129.
Public improvement — See Ch. 158.
Stormwater management — See Ch. 177.
Subdivision of land — See Ch. 184.
Wind energy conversion systems — See Ch. 217.
Zoning — See Ch. 225.
This chapter shall hereinafter be known and
cited as the "Conservation Easement Law of the Town of Eden, New York."
It is the purpose of this chapter to provide for the acquisition of interests or rights in real property for the preservation of open space and areas which shall constitute a public purpose for which public funds may be expended or advanced after due notice and a public hearing, by which the Town of Eden may acquire by purchase, gift, grant, bequest, devise, lease or otherwise the fee of any lesser interest, development right, easement, covenant or other contractual right necessary to acquire open space or open area as the same is defined in § 95-5 herein.
In accordance with § 247 of the General
Municipal Law of the State of New York, the Town Board of the Town
of Eden has the authority to acquire such interests or rights in land.
Pursuant to the above authority, the Town Board has prepared and adopted
this chapter, setting forth standards to be followed in the acquisition
of such interest.
This chapter shall apply to the entire area
of the Town of Eden.
For the purpose of this chapter, the terms used
herein are defined as follows:
The Conservation Advisory Board of the Town of Eden.
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, aesthetic or scenic resources. For the 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.
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 the natural or physical
condition of the real property. The landowner shall not be required
to grant public access to the land (but shall not deny access to authorized
public officials for the purpose of verifying compliance with the
requirements of this chapter). The landowner shall retain all other
rights in and to the property except as expressly limited or restricted
by the easement granted as provided herein.
A.
Proposal by owner. Any owner or owners of land may
submit a proposal to the Town Board of the Town of Eden for the granting
of interests or rights in real property for the preservation of open
spaces or open areas. Such proposal shall be submitted in such a manner
and form as may be prescribed by the Town Board and shall include
a survey map and metes and bounds description of the proposed area.
The owner shall pay to the Town a fee, which shall be deemed a reasonable
sum to cover the costs of administration, no part of which shall be
returnable to the applicant.
B.
Review by Conservation Board. Upon receipt of such
proposal, the Town Board shall convey the proposal to the Conservation
Advisory Board. The Conservation Advisory Board shall investigate
the area to determine if the proposal would be of benefit to the people
of the Town of Eden and may negotiate the terms and conditions of
the offer. If the Conservation Board determines that it is in the
public interest to accept such proposal, it shall send copies of the
proposal to the Building Inspector, the Planning Board Chairman, the
Town Engineer, the Highway Superintendent, the Assessor, the Town
Attorney and the Historical Review Board (if the property has historical
value) for their review, and recommend to the Town Board that it hold
a public hearing for the purpose of determining whether or not the
Town should accept such proposal. If the Conservation Board determines
that it is not in the public interest to accept the conservation easement,
it shall notify the Town Board and recommend that the Town Board take
no further action on the application.
C.
Public hearing by the Town Board After receiving any
such recommendations, and after due investigation, if the Town Board
determines that it is in the public interest to accept such a proposal,
then the Town Board shall conduct a public hearing within 45 days
of the receipt of such advisory opinion on the issue of whether or
not the Town should accept such proposal. At least 10 days' notice
of the time and place of such hearing shall be published in a paper
of general circulation in such Town, and a written notice of such
proposal shall be given to all adjacent property owners and to any
municipality whose boundaries are within 500 feet of the boundaries
of said proposed area, and to the school district in which it is located.
D.
Determinations. The Town Board, after such public
hearing, may accept the proposal or accept it with any modification
thereof it deems appropriate or may reject it in its entirety.
E.
Recording agreement. If such proposal is adopted by
the Town Board, it shall be executed by the owner or owners in written
form and in a form suitable for recording in the Eric County Clerk's
office.
[Amended 10-9-2013 by L.L. No. 3-2013[1]]
After acquisition of any such interest pursuant to this chapter,
the valuation placed upon such area for purposes of real estate taxation
shall take into account and be limited by the limitation of the future
use of the land. The limitation will be calculated by the Assessor,
first determining the ongoing market value of farmland in the immediate
area of the Town of Eden. Secondly (subject to due authorization by
special legislation from the State of New York), the vacant land within
the conservation easement of the parcel will have the assessment reduced
by the following percentages, thus compensating for the loss in value
due to the conservation easement being placed upon the vacant land
within the conservation easement of the parcel:
|
Commitment
|
Percentage of Reduction
|
|---|---|
|
15 to 29 years
|
50%
|
|
30 to 49 years
|
75%
|
|
50 years or more
|
85%
|
The Conservation Advisory Board (CAB) is hereby
authorized to investigate reports of violations of the terms and conditions
of all conservation easements in the Town of Eden. The CAB shall report
to the Town Board and the Board of Assessors any findings it makes
as a result of its investigations within 30 days after completing
its investigation. The CAB shall also annually conduct a review of
the existing inventory of conservation easements in the Town of Eden
and verify that each parcel is in compliance with the provisions of
its applicable agreement. The CAB shall file its annual report with
the Town Board and the Board of Assessors at least 10 days prior to
the annual taxable status date.
[Amended 10-9-2013 by L.L. No. 3-2013]
If there is a violation of the terms and conditions of the conservation
easement agreement or if said agreement is canceled by the Town Board
upon petition, the then-owner or owners of said property must pay
to the Town of Eden the following amounts:
A.
All taxes, charges and assessments abated under and pursuant to the
conservation easement agreement, as limited by the remainder of this
subsection, including those taxes imposed by the state, county, Town,
school districts and all special improvement districts and other taxing
units to which the property is subject (hereafter "abated taxes").
Repayment of the aforementioned abated taxes shall be based upon the
following calculations:
(1)
Easement agreements violated or canceled before their 15th year will
be subject to a repayment of the amount of the taxes abated for the
past year, multiplied by five.
(2)
Easement agreements violated or canceled between their 15th and 20th
year will be subject to a repayment of the amount of the taxes abated
for the past year, multiplied by four.
(3)
Easement agreements violated or canceled after their 20th year will
be subject to a repayment of the amount of the taxes abated for the
past year, multiplied by three.
B.
A penalty which is based upon the amount of the taxes abated for
the past year, multiplied by a factor (not to exceed 25) equal to
the duration of the easement agreement, plus 6%.
