[HISTORY: Adopted by the Town Board of the
Town of Victor 12-27-2001 by L.L. No. 6-2001. Amendments noted where
applicable.]
[Amended 4-23-2007 by L.L. No. 2-2007]
This chapter shall hereunder be known and cited
as the "Term Conservation Easement Law of the Town of Victor."
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 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 Victor 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, historic preservation, or open area as defined in § 16-5 herein.
The Town of Victor has authority to acquire
such interests or rights in land pursuant to § 247 of the
General Municipal Law of the State of New York.
[Amended 8-27-2012 by L.L. No. 15-2012]
This chapter applies only to conservation easements
commonly referred to as "term conservation easements." These types
of easements are permitted pursuant to General Municipal Law § 247
and are distinct from those easements which may be required and implemented
during the general course of site plan or subdivision review in order
to protect natural resources or open space.
For the purpose of this chapter, the terms used
herein are defined as follows:
Any space or area characterized by natural scenic beauty,
history, 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. A parcel
to be placed under a conservation easement shall generally have five
acres or greater, be suitable for development and generally be consistent
with the Town of Victor Open Space Guidelines and Comprehensive Plan.
[Amended 4-23-2007 by L.L. No. 2-2007]
A.
Proposal by owner. Any owner or owners of land may submit a proposal to the Assessor of the Town of Victor for the granting of permanent interests or rights in real property for the preservation of open space or areas. Such proposal shall be submitted in such manner and form as may be prescribed by the Assessor, and shall include a legal description of the proposed area in metes and bounds and indicate the duration of easement proposed. All fees incurred by the Town in reviewing such proposal shall be charged to the applicant consistent with Chapter 27 of the Victor Town Code.
[Amended 4-23-2007 by L.L. No. 2-2007]
B.
Review by Conservation Board. Upon receipt of such
proposal, the Assessor shall refer application to the Conservation
Board to investigate the area, including site visits if necessary,
to determine if the proposed easement area would be of benefit to
the enhancement of the environment within the Town of Victor and may
negotiate the terms and conditions of the offer. The Conservation
Board shall issue an advisory opinion recommending whether to accept,
or reject the application within 45 days of receipt of the referral
from the Assessor. The advisory opinion shall be delivered to the
Assessor, who shall forward the same to the Town Board and the applicant
with any additional information necessary for Town Board review.
[Amended 4-23-2007 by L.L. No. 2-2007]
C.
Public hearing by Town Board. The Town Board shall,
within 45 days of receipt of the Conservation Board advisory opinion,
and any additional information from the Town Assessor, including anticipated
revised assessment levies, communicate same to the property owner(s),
and hold a public hearing concerning such proposal at a place within
the Town of Victor. 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, and a written notice of such proposal shall be given
to all adjacent property owners and to any municipality whose boundaries
are within 500 feet of the boundaries of said proposed area.
[Amended 4-23-2007 by L.L. No. 2-2007]
D.
Determination. The Town Board, after receiving the
reports of the Conservation Board, conferring with the Assessor, and
after such public hearing, may adopt the proposal or any modification
thereof it deems appropriate or may reject it in its entirety, if
the owner(s) of the parcel still indicates he (she) wants to proceed.
E.
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 Ontario County Clerk's
office.
After acquisition of any such interest pursuant
to this chapter, the valuation placed upon such area by the Town Assessor
for purposes of real estate taxation shall take into account and be
limited by the limitation(s) on future use of the land.
If there is a substantial violation of the terms
and conditions of the conservation easement 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 Victor the following amounts:
upon recommendation of the Town Assessor, an amount equivalent to
the abatement granted pursuant to the conservation easement agreement,
plus a penalty assessed on the basis of the cumulative taking into
consideration a multiplication factor as reasonably determined by
the Town Assessor.
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 five years and a maximum of 20 years and two twenty-year renewal
options.
If the applicant wishes to exclude certain parcels
from the easement, these should be discussed and agreed to with the
Conservation Board. It will be required that parcels which include
a principal dwelling and a small parcel encompassing these buildings
be an exception to the easement. The amount of land excepted from
the easement should be equal to any existing density guidelines.
The easement may be canceled by applying to the Town Board. At the time of such cancellation, or if the terms of the easement have been violated by the landowner, the Town, upon recommendation of the Town Assessor, will assess prior abatements and a penalty as outlined in § 16-8. 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 prior abatements will be levied upon the land under easement. The penalty shall decrease with the length of time the easement holder has been in the easement.
