[HISTORY: Adopted by the Town Board of the
Town of Clifton Park 12-16-1996 by L.L. No. 12-1996. Amendments noted
where applicable.]
[Amended 12-1-2008 by L.L. No. 8-2008]
This chapter shall hereinafter be known and
cited as the "Land Conservation and Historic Preservation Easement
Law of the Town of Clifton Park."
[Amended 12-1-2008 by L.L. No. 8-2008]
It is the purpose of this chapter to provide for the acquisition of interests or rights in real property for the conservation, protection and preservation of historic, scenic and cultural resources including buildings, landmarks, landscapes; open space resources; farmland resources; and any other publicly valued resources identified in public planning documents, 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 Clifton Park 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 or historic buildings or landmarks as the same are defined in § 125-5 herein. This law shall allow for both term and permanent easements secured by the Town of Clifton Park.
In accordance with § 247 of the General
Municipal Law of the State of New York, the Town Board of the Town
of Clifton Park 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 Clifton Park.
For the purpose of this chapter, the terms used
herein are defined as follows:
As defined in § 208-7 of the Town Code.
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 section, natural resources shall include but not be limited
to agricultural lands defined as open lands actually used in bona
fide agricultural production.
[Amended 5-3-2004 by L.L. No. 1-2004; 12-1-2008 by L.L. No.
8-2008]
A.
Eligible property. A term easement may be requested
for property in the Town of Clifton Park based on the following criteria:
an historic building or landmark for an historic preservation easement,
a minimum of 15 acres per lot, or a minimum of 7.5 acres each for
any two adjoining lots.
B.
Types of term easements. The following types of term
easements may be proposed:
(1)
Open space term conservation easement. A minimum of
15 acres per lot or a minimum of 7.5 acres each for any two adjoining
lots is required. For an open space term conservation easement, the
applicant agrees that land under easement will not be developed, built
upon or otherwise changed during the term of the easement.
(2)
Farmland term conservation easement (farming purposes): the same as Subsection A(1), except that farm structures as described in §§ 208-7 and 208-8 of the Town Code which are used as part of an active agricultural operation are permitted and are granted the same percentage of easement value remaining taxable on the land. The land and buildings under easement shall be principally and actively used for farming purposes for the term of the easement, but approved farming easement applicants can also apply for other tax saving programs without penalty. The Town’s term conservation easement will be applied first and cannot be shifted from one program to another.
C.
Owner application requirements.
(1)
Any owner or owners of eligible property shall complete
a term conservation easement application and submit it to the Town
Clerk, who shall refer such application to the Town Board. The term
easement application form is available in the Town Clerk's office.
The application shall also include a copy of a full-size Tax Map showing
the property, if the entire parcel is being encumbered, or a copy
of a survey map and metes and bounds description of the proposed area
if it is part of a parcel.
(2)
Application fee. The owner shall pay to the Town an
application fee of $15, which shall be deemed a reasonable sum to
cover the costs of administration, no part of which shall be returnable
to the applicant.
D.
Review procedures.
(1)
Town Board referrals. The Town Board shall refer such
applications to the Open Space Coordinator and the Planning and Zoning
Department, and also to the applicable advisory committees such as
the Historic Preservation Commission and/or the Open Space, Trails
and Riverfront Committee, for review and comments within 45 days,
if deemed necessary and/or appropriate.
[Amended 5-11-2020 by L.L. No. 5-2020; 12-12-2022 by L.L. No. 3-2022]
(2)
Review and recommendations. Upon receipt of each proposal,
the Open Space Coordinator and representatives of each applicable
advisory committee and the Planning Board shall investigate the subject
property to determine if the proposal would be of benefit to the people
of the Town of Clifton Park. If the Historic Preservation Commission
and Planning Board, if such a referral has been made by the Town Board,
determines that it is in the public interest to accept such a proposal,
each 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.
[Amended 1-12-2015 by L.L. No. 2-2015]
(3)
Public hearing by Town Board. The Town Board shall,
within 45 days of receipt of such advisory opinion, hold a public
hearing concerning such proposal at a place within the Town of Clifton
Park. 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,
by the Town Clerk. A written notice of such proposal shall be mailed
by the applicant 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. Receipts of
mailing shall be submitted to the Town Clerk's office prior to the
date of the public hearing.
(4)
Determination. The Town Board, after receiving the
advisory reports and after such public hearing, may adopt the request
for a term easement proposal or any modification thereof it deems
appropriate or may reject it in its entirety.
(5)
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 Town Clerk's office.
[Amended 12-1-2008 by L.L. No. 8-2008]
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, using New York State
Office of Real Property Services (ORPS) accepted assessment practices
to determine the amount by which a property’s market value has
been reduced.
[Amended 5-3-2004 by L.L. No. 1-2004; 12-1-2008 by L.L. No.
8-2008]
If there is a substantial violation of the terms
and conditions of the term easement agreement or if said agreement
is canceled by the Town Board upon petition, the Town will assess
rollback taxes and a penalty, and the current owner(s) of said property
must pay to the Town of Clifton Park the amounts calculated pursuant
to Subsection B below. In the following subsection, “substantial”
will be defined as a one-hundred-percent increase in the density of
the parcel which will trigger a review and final determination by
the combined efforts of the Town Assessor, Director of Planning and
Open Space Coordinator. The determination of substantial as it relates
to historic resources will be referred to the Historic Preservation
Commission, as it has expertise in this area and will review the project
to make a determination on the penalty.
A.
Cancellation. A request to cancel the owner’s
term easement agreement must be made in writing to the Town Assessor.
The Assessor will calculate the penalty in consultation with the Town
Attorney, Director of Planning, Open Space Coordinator and Historic
Preservation Commission as is applicable and make recommendations
to the Town Board for terms and conditions of acceptance.
B.
Penalty calculation.
(1)
The penalty calculation will be applied to all taxes
granted abatement under and pursuant to the easement agreement, and
said taxes are 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 broken before its 11th year will be subject to a five-year
maximum rollback; an easement broken between its 11th and 15th year
will be subject to a four-year maximum rollback; an easement broken
in its 16th year or later will be subject to a three-year maximum
rollback.
(2)
The penalty will be calculated 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.
(3)
The penalty shall be assessed against all land under
easement.
C.
Penalty exceptions.
(1)
Property covered by a conservation easement that is
destroyed by fire or natural disaster will not be penalized unless
the future use of the land or buildings is changed.
(2)
The penalty shall be assessed against all the land
under easement except in the case of the death of a sole owner, in
which case the penalty will be assessed only against that portion
which is to be developed or changed in use within one year of the
date of death. Thereafter, the penalty and back taxes will be levied
upon the land under easement.
(3)
The penalty shall not be assessed against land under easement where
the owner and Town Board express an agreement, in writing, for the
conveyance of a permanent easement or easement over such lands to
the Town, and the acceptance of such easement by the Town Board.
[Added 2-11-2019 by L.L.
No. 2-2019]
D.
Funds collected by the Town as penalties under this
section shall be deposited into the Town’s dedicated Open Space
Capital Reserve Fund.
[Amended 5-3-2004 by L.L. No. 1-2004; 12-1-2008 by L.L. No.
8-2008]
Land covered by a term conservation easement
may be sold or transferred at any time, but the terms and conditions
of the easement shall run with the land pursuant to the terms and
conditions of the original application as maintained by the Town Assessor.
[Amended 12-1-2008 by L.L. No. 8-2008; 2-6-2012 by L.L. No. 1-2012]
A.
Term easements proposed must be subject to a minimum
term of 15 years. The maximum term for conservation easements under
this section is 25 years.
B.
Renewals of existing term easements. The Town Assessor's office will
notify owners of real property subject to existing conservation easements
by November 15 of each year immediately prior to the expiration of
each such easement. Holders of existing conservation easements with
terms set to expire shall have until March 1 of the next succeeding
year to apply to renew their existing term conservation easements.
Renewal applications shall be developed by the Assessor's office,
shall be provided to holders within such notification.
C.
Renewal applications shall be filed with the Town Clerk, and referred
to the Town Assessor, who shall list properties subject to expiring
term conservation easements and advise the Town Board of applications
for renewal for each expiring term easement. The Town Board shall
act upon all applications for renewal of existing term conservation
easements prior to May 1 of each year with advice from the Town Assessor
and Open Space Coordinator regarding the continued suitability of
any renewal application consistent with the goals and intent of this
chapter.
[Amended 5-11-2020 by L.L. No. 5-2020]
D.
The renewal application fee shall be $10, and shall be deposited
into the Open Space Capital Reserve Account.
E.
Owners of real property subject to prior existing term conservation easements who do not file a renewal application by March 1 in the year after expiration of the existing term, who wish to re-apply for a new term conservation easement under this chapter must follow the procedure in § 125-6, effective for the succeeding tax year following application.
[Amended 12-1-2008 by L.L. No. 8-2008]
The Town Assessor is legally required to take
into account and be limited by the limitation on the future use of
the land resulting from the easement using accepted assessment practices
to determine the amount by which a property's market value has been
reduced. The following table of tax assessment is presently in use:
|
Percent of Pre-Easement Value Remaining
Taxable
| |||
|---|---|---|---|
|
Years
|
Conservation
|
Farming Purposes
|
Historic Preservation
|
|
15
|
20
|
15
|
15
|
|
16
|
19
|
14
|
14
|
|
17
|
18
|
13
|
13
|
|
18
|
17
|
12
|
12
|
|
19
|
16
|
11
|
11
|
|
20
|
15
|
10
|
10
|
|
21
|
14
|
10
|
10
|
|
22
|
13
|
10
|
10
|
|
23
|
12
|
10
|
10
|
|
24
|
11
|
10
|
10
|
|
25 +
|
10
|
10
|
10
|
[Amended 5-3-2004 by L.L. No. 1-2004]
Other than for historic preservation easements,
it will be required that a parcel which includes a principal dwelling
exclude a one-acre (43,560 square feet) area with a maximum of three
acres (130,680 square feet) encompassing the dwellings and designate
that area as an exception to the easement.
[1]
Editor's Note: Former § 125-13,
Cancellation, was repealed 12-1-2008 by L.L. No. 8-2008.
[Added 12-1-2008 by L.L. No. 8-2008]
A.
Distinguished. In addition to the term conservation easement option for landowners, the Town of Clifton Park has initiated a program for securing and acquiring permanent conservation easements as another conservation tool and approach towards achieving the public conservation goals identified in the Town of Clifton Park’s open space plan, adopted in 2003. A permanent conservation easement or other transfer of interests in land may be acquired by donation; through the site plan approval process pursuant to § 208-113 et seq.; or, in some cases, by purchase.
B.
Eligibility. A permanent conservation easement may
be requested for any property identified as material to significant
public conservation goals as expressed in the Town’s open space
plan. The Town of Clifton Park may explore a permanent conservation
easement with interested, willing property owners based on criteria
established by the Town for the following resources of Town-wide significance:
historic, scenic and cultural resources; farmland resources; and parkland
and trail resources. A property for which a permanent conservation
easement has been placed on the land, held by either the Town or any
other qualified conservation entity, may not be eligible for the Town
of Clifton Park’s term conservation easement program absent
a showing that the application advances a further conservation goal.
C.
The Town Board reserves the right to pursue, consider
or reject any application or project proposal based on the criteria
and public priorities, landowner readiness, grant resources and funding
availability.
[Added 12-1-2008 by L.L. No. 8-2008]
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 using New York State
Office of Real Property Services (ORPS) accepted assessment practices
to determine the amount by which a property’s market value has
been reduced.
[Added 12-1-2008 by L.L. No. 8-2008; 12-12-2022 by L.L. No.
3-2022]
Interests secured through a deed of permanent
conservation easement shall run with the land. The Town of Clifton
Park Open Space Coordinator and the Planning and Zoning Department
shall monitor the interests of the Town secured through permanent
conservation easements on behalf of and report to the Town Board.
