This chapter shall hereinafter be known and cited as the "Conservation
Easement Law of the Town of Perinton."
It is the purpose of this chapter to provide for the acquisition of interests or rights in real property for the preservation of open space, agricultural areas, 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 Perinton 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 for bona fide agricultural production, open space or open area as the same is defined in §
103-5 herein.
In accordance with § 247 of the General Municipal
Law of the State of New York, the Town Board of the Town of Perinton
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 Perinton,
excluding those areas within the corporate limits of the Village of
Fairport.
For the purpose of this chapter, the terms used herein are defined
as follows:
BONA FIDE AGRICULTURAL PRODUCTION
Any use of a space or area that supports an agricultural activity that meets or exceeds any of the following terms as set forth in §
208-8, Definitions, of the Town Code:
E.
Farm operation: see also "commercial enterprise" in §
208-8, Definitions.
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 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 used in bona fide agricultural production as defined in §
103-5, Definitions. The space or area must be 1) suitable for further development and 2) be eligible for legal subdivision in accordance with current zoning regulations as set forth in the Town Code, so that the limitation on development during the easement time period provides a benefit to the Town.
An easement must be a minimum of five years extending to any
length exceeding five years. There is no maximum term length.
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 as determined solely by the Town Assessor.
Lands covered by a conservation easement are subject to heirs, successors, and assigns. Pursuant to executed easements, lands may be sold in their entirety at any time; however, the terms and conditions of the easement shall continue until expiration or cancellation in accordance with §
103-12.