[HISTORY: Adopted by the Town Board of the
Town of Lancaster 3-21-1994 by L.L. No. 1-1994 (Ch. 1 of the 1966 Codification).
Amendments noted where applicable.]
This chapter shall hereinafter be known and
cited as the "Acquisition of Open Spaces and Areas Law of the Town
of Lancaster" and further designated as "Chapter 235" of the Code
of said Town.
It is the purpose of this chapter to provide for the acquisition of interests or rights in real property for the preservation of open spaces 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 Lancaster may acquire, by purchase, gift, grant, bequest, devise, lease or otherwise, the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to acquire open space or open area, as the same are defined in § 235-5 herein.
A.
In accordance
with § 247 of the General Municipal Law of the State of
New York, the Town Board of the Town of Lancaster has the authority
to acquire such interests or rights in land.
B.
Pursuant to the
above authority, the Town Board has prepared and adopted this chapter
setting forth standards and procedures to be followed in the acquisition
of such interest.
This chapter shall apply to the entire area
of the Town of Lancaster outside of the Villages of Lancaster and
Depew.
For the purposes of this chapter, the terms
used herein are defined as follows:
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.
A.
Proposal by owner.
(1)
Any owner
or owners of land may submit a proposal to the Town Board of the Town
of Lancaster for the granting of interest or rights in real property
for the preservation of open space or areas.
(2)
Such proposal
shall be submitted in such manner and form as may be prescribed by
the Planning Board and shall include a survey map and metes and bounds
description of the proposed area.
(3)
The proposal
shall contain the names and mailing addresses of all adjacent property
owners of record as of the date of submittal.
B.
Review by the
Planning Board. Upon receipt of such proposal, the Town Board shall
convey the proposal to the Planning Board. The Planning Board shall
investigate the area to determine if the proposal would be of benefit
to the people of the Town of Lancaster and may negotiate the terms
and conditions of the offer. If the Planning Board determines that
it is in the public interest to accept such proposal, it shall 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.
C.
Public hearing
by Town Board. The Town Board shall, within 30 days of receipt of
such advisory opinion, hold a public hearing concerning such proposal
at a place within the Town of Lancaster. 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.
Determination.
The Town Board, after receiving the reports of the Planning Board
and after such public hearing, may adopt the proposal or 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 County Clerk's office.
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 on the future use of the land.
Any interest acquired pursuant to this chapter
is hereby enforceable by and against the original parties and the
successors in interest, heirs and assigns of the original parties,
provided that a record of such acquisition is filed in the manner
provided by § 291 of the Real Property Law. Such enforceability
shall not be defeated because of any subsequent adverse possession,
laches, estoppel, waiver, change in character of the surrounding neighborhood
or any rule of common law. No general law of the state which operates
to defeat the enforcement of any interest in real property shall operate
to defeat the enforcement of any acquisition pursuant to this chapter,
unless such general law expressly states the intent to defeat the
enforcement of any acquisition pursuant to this section.
This chapter shall take effect upon proper mailing,
filing and publication in accordance with the law.
