[Added 9-15-2005 by L.L. No. 16-2005]
The Town of Rotterdam may acquire conservation
easements over real property in accordance with § 239-y
of the General Municipal Law and Article 49, Title 3, of the Environmental
Conservation Law. This article establishes guidelines and criteria
for the evaluation of such easements in order to clearly establish
the public benefit associated with any offer to donate or sell such
easements. The proposed easement shall have a definite public purpose,
which benefits the Town and the community as a whole.
Any conservation easement offered to the Town
shall be perpetual.
The proposed easement should be further evaluated
according to the following criteria:
A.
The proposed easement shall conserve, preserve and
protect one more of the following:
(1)
An area which is significant because of its
value as agricultural or forest land.
(2)
An area which is significant because of its
unique scenic or natural beauty.
(3)
An area which is significant because of its
value as a watercourse, water body, freshwater wetland or aquifer
recharge area.
(4)
An area which is significant because of its
unique geological or ecological character.
(5)
An area which is significant because of its
historical, archaeological, architectural or cultural amenities.
(6)
An area which is significant because of its
value as a community recreational area, greenway corridor, or its
relationship to an adjacent recreational area.
(7)
An area which is significant because of its
value as a wildlife habitat or its relationship to an adjacent wildlife
preserve or wildlife corridor.
(8)
An area which is significant because of its
intrinsic value as open space necessary to preserve scenic vistas
or otherwise enhance community character and attractiveness.
(9)
An area which is significant because of its
intrinsic value as open space in determining future land use development
patterns within the Town.
B.
Although conservation easements are not required to
confer public use of the property, in certain cases, public use may
be considered a factor in determining the significance of an area.
Responsibility for enforcement shall reside
with the Town. The easement should contain the necessary terms and
restrictions to ensure that the original character of the area is
maintained and to provide sufficient detail that the Town can effectively
enforce all the terms and conditions of the easement. It shall be
clearly stated that the owner of the property is responsible for the
maintenance of the area.
The fundamental purpose of the conservation
easement is to conserve, preserve and protect open space. In the case
of the reserved open space, limited structures or other improvements
may be permitted to be constructed on the property under terms of
the easement. Any structures or other improvements permitted under
the easement must be strictly limited, must not encroach on the character
of the area, and shall be fully defined in a manner satisfactory to
the Town and consistent with zoning and other regulations prior to
Town Board acceptance of the easement donation.
The Town Board may request an initial donation
for costs relating to acceptance and ongoing monitoring of the conservation
easement.
The Town is responsible for annual review of
each conservation easement to verify the continued integrity of the
easement. The Town Board may request advisory opinions from the Town
Conservation Advisory Council, the Town Planning Board and the Town
Parks Department, and other appropriate agencies prior to acquisition
of such an easement.
In accordance with law, the Town Board is required
to hold a public hearing on the proposed acquisition prior to any
action.
The approved conservation easement shall be
recorded with the Town Clerk, Town Tax Assessor, and the Schenectady
County Clerk.
