It is the intention of the Town Board of the Town of Webster to repeal the existing law and discontinue the existing open space preservation program, specifically, that effective February 28, 2010 (or "immediately"), no new applications will be considered, and no renewals of existing applications will be approved. It is the intention of this provision to discontinue the existing program. Upon expiration of the latest contractual term hereunder, the effect of this chapter is null and void. All lawfully entered contracts and agreements with the Town pursuant to Chapter
220 as existing prior to February 28, 2010, shall continue until such time as the agreements expire by their terms, or until such time as the beneficiaries seek to cancel or terminate the agreements pursuant to the procedures set forth in §§
220-7 and
220-8 below. It is the stated and express intention of the Town Board that such agreements or contracts in existence pursuant to Chapter
220 prior to the effective date of February 28, 2010, shall not be extended, renewed or renegotiated. There will be agreements through the 2032 assessment roll. These agreements are filed with the Assessor and an updated list is filed annually with the Town Clerk and Finance Director including owner name, address, tax account number, acreage, and taxable exemption amount.
For the purpose of this chapter, the terms used herein are defined
as follows:
FARMLAND
Certain contiguous acreage, used in conjunction with an ongoing
agricultural venture, for the purpose of significant financial gain,
actively utilized for the production of, or as support land for the
production of agricultural products for the two fiscal/tax years immediately
preceding the filing of an application under this chapter. Land used
in agricultural production shall not include land or portions thereof
used for processing or retail merchandising of such agricultural products.
OPEN SPACE or OPEN AREA
Any acreage 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. Open space or open area shall not include a principal dwelling and shall be designated as falling outside the open area. The exact size of the excluded area shall be determined by the Conservation Board based upon information provided in the application and the Conservation Board's own field study, which study shall take note of and assure that the excluded area will conform to the minimum lot size of the zoning district wherein the parcel lies. Any proposed acreage that cannot be further subdivided and still be in compliance with Chapter
350, Zoning, of the Code of the Town of Webster shall not be deemed an open space or open area for the purposes of this chapter. In addition, approved subdivisions or site plans providing for phased development shall also not be deemed an open space or open area for purposes of this chapter.
Any lands currently used, in whole or in part, for commercial
or industrial purposes shall not be eligible for application under
this chapter.
Effect. In no event shall the acceptance of an application of
acreage into the program, or the execution of an agreement thereof,
limit or be construed to limit the authority and right of the assessor
to reevaluate and adjust the assessed valuation of such acreage in
years subsequent to, and subject to, the agreement.
The owner or owners may petition the Town Board for cancellation of the agreement, or the Town Board may on its own motion seek cancellation, upon good cause shown. Such cancellation may be granted only upon payment of the amounts provided in §
220-8. Such amounts or a portion thereof may be waived by the Town Board only if good cause for cancellation is catastrophic illness, death of the property owner, or otherwise in the interest of justice.
Any and all penalties calculated pursuant to §
220-8B(2) collected by the Town and attributable to the Town pursuant to §
220-8 shall be used solely for open space and/or parkland acquisition or improvement or maintenance purposes.
In accordance with the time lines for the notice of increased
assessments or change in taxable status as set forth in New York State
Real Property Tax Law §§ 510(1), 510-a or 511, the
Assessor of the Town of Webster shall give notice, by first-class
mail, facsimile transmission or electronic means, of the upcoming
expiration of the agreement to the last known owner or owners of record
of the property subject to this chapter. Failure to provide such notice
by this subsection, or the failure of an owner to receive same, shall
not preclude any adjustment to the assessment of the affected parcel(s)
due to expiration of said agreement, nor shall it affect the validity
of the levy, collection, or enforcement of taxes on said property.
The repeal of those sections of Chapter
220, as enacted by Local Law No. 2 of 2010, shall take place effective February 28, 2010.