[HISTORY: Adopted by the Town Board of the Town of Red Hook 9-6-2005
by L.L. No. 3-2005. Amendments noted where applicable.]
This chapter shall hereinafter be known and cited as the "Conservation
Easement Law of the Town of Red Hook."
It is the purpose of this chapter to provide 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 Red Hook may acquire an easement, covenant or other contractual right necessary to preserve "open space" as the same is defined in § 56-5 herein. Any eligible parcel, as hereinafter defined, must be suitable for further development so that the limitation on the development during the easement period provides a benefit to the Town.
In accordance with § 247 of the General Municipal Law of the
State of New York, the Town Board of the Town of Red Hook has the authority
to acquire such interest 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 Red Hook,
excluding those areas within the corporate limits of the Villages of Red Hook
and Tivoli.
For the purpose of this chapter, the terms used herein are defined as
follows:
The requisite acreage of contiguous undeveloped land together with
the necessary minimum acreage for any improvements contained thereon as required
by the current zoning must be contained within a single tax parcel.
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 development
or would maintain or enhance the conservation of natural or scenic resources.
For the purposes of this section, natural resources shall include, but not
be limited to, agricultural lands defined as open land actually used in bona
fide agricultural production. Eligible parcels will have 10 acres of contiguous
undeveloped land. For calculation purposes, lots with improvements will need
l0 acres plus the necessary acreage for the improvements contained thereon
under current zoning, i.e., 13 acres in a three-acre zone.
A.
Proposal by owner. Any owner or owners of an eligible
parcel may submit a proposal to the Town Board of the Town of Red Hook for
the granting of interest or rights in real property for the preservation of
open spaces or areas. Such proposal shall be submitted in such manner and
form as may be prescribed by the Town Board and shall include a copy of the
Tax Map. The owner shall pay to the Town a fee as shall be set from time to
time by the Town Board 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 of proposal.
(1)
Review by Conservation Advisory Council. Upon receipt
of such proposal, the CAC shall investigate the parcel to determine eligibility
and if the proposal would be of benefit to the Town of Red Hook. If the CAC
determines that it is in the public interest to accept such a proposal based
upon the conservation easement program criteria as established by the Town
Board, it shall recommend the proposal to the Town Board for acceptance.
(2)
Review by Town Planning Board. Upon receipt of such proposal,
the Town Planning Board shall also investigate the parcel to determine eligibility
and if the proposal would be of benefit to the people of the Town of Red Hook.
If the Town Planning Board determines that it is in the public interest to
accept such proposal based upon the current Zoning and Subdivision Laws, the
Master Plan, and developmental pressure, it shall recommend acceptance of
the proposal to the Town Board.
C.
Public hearing by the Town Board. The Town Board shall,
within 45 days of receipt of such advisory opinions, hold a public hearing
concerning such proposal at a place within the Town of Red Hook. 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.
D.
Determination. The Town Board, after receiving the reports
of the CAC and 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. An easement, with the attendant tax benefits, may be granted
only after the Town Board makes a finding that it would be beneficial for
the Town's purposes that the parcel remain undeveloped open space.
E.
Recording agreement. If such proposal is adopted by the
Town Board, it shall be executed by the owner or owners in written form adopted
and provided by the Town suitable for recording in the Dutchess County Clerk's
Office.
A.
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.
B.
The Assessor may take into account and be limited by
the limitation on the future use of the land resulting from the easement.
The following table of tax assessment is presently in use. This table is not
part of the law.[1]
[1]
Editor's Note: This table is on file in the office of the Town
Clerk of the Town of Red Hook.
If there is a substantial 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 Red Hook a penalty equivalent to the following amount:
A.
All taxes granted abatement under and pursuant to the
conservation easement agreement, said taxes to include the state, county,
Town, school districts and all special improvements districts and other taxing
units to which the property is subject. Said amount shall be limited to a
five-year roll back of taxes together with interest at the legal rate allowed
by law.
B.
All penalties paid under this section shall be dedicated
to the Town's expenses for the acquisition of permanent conservation
easements or other open space preservation programs.
C.
Land covered by a conservation easement may be sold at
any time, but the terms and conditions of the easement shall continue until
its expiration.
Easements are being accepted with a minimum term of eight years. There
is no maximum term.
