It is the purpose of this article 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 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 is defined in §
185-241 herein.
In accordance with § 247 of the General Municipal
Law of the State of New York, the Town Board has the authority to
acquire such interests or rights in land. Pursuant to the above authority,
the Town Board has prepared and adopted this article setting forth
standards to be followed in the acquisition of such interest.
This article shall apply to the entire area of the Town.
For the purpose of this article, the terms used herein are defined
as follows:
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 maintain and 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 section, natural resources shall include but not
be limited to agricultural lands defined as open lands actually used
in bona fide agricultural production.
OPEN SPACE PROTECTION EASEMENT
An easement or similar interest in real property which limits
or restricts development, management or use of open space or other
real property for the purpose of preserving or maintaining the scenic,
open, natural or existing character, conditions, significance or amenities
of the open space or other real property. This term shall include
an instrument granting any of the foregoing limiting or restrictive
interests to the Town, whether denominated "conservation easement,"
"scenic easement," "scenic and conservation easement," "agricultural
easement," "agricultural use easement," "large lot easement," "large
lot scenic easement" or by some similar label. The substance of such
instruments, however identified, shall be determined by the Town Board.
After acquisition of any such interest pursuant to this article,
the valuation placed upon such area for the purpose of real estate
taxation shall take into account and be limited by the limitation
on the future use of the land.
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 owner or owners of said property
must pay to the Town the following amounts in taxes and penalties:
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 improvement districts and other taxing
units to which the property is subject. Said back taxes shall be limited
as follows: any easement terminated prior to beginning of the 11th
year will be subject to a five-year maximum rollback; an easement
terminated between its 11th and 15th year will be subject to a four-year
maximum rollback; an easement terminated in its 16th year or later
will be subject to a three-year maximum rollback.
B. A penalty assessed on the basis of the previous year's tax abatement
multiplied by a factor equal to the term of the easement divided by
the current year of the easement. This factor shall not exceed five.