[HISTORY: Adopted by the Town Board of the Town of Hamburg 8-4-2003
by L.L. No. 4-2003. Amendments noted where applicable.]
This chapter shall herein be known and cited as the "Conservation Easement
Law of the Town of Hamburg, New York."
A.
The intent of this chapter is to allow landowners in
the Town of Hamburg the ability to preserve open space by granting a conservation
easement to the Town that restricts disturbance of this land in return for
reduction in assessment on the property.
B.
This chapter provides 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 Hamburg 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 § 87-5 herein.
In accordance with § 247 of the General Municipal Law of the
State of New York, the Town Board of the Town of Hamburg 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 Hamburg.
For the purpose of this chapter, the terms used herein are defined as
follows:
The Conservation Advisory Board of the Town of Hamburg.
An easement, covenant, restriction or other interest in real property
which limits or restricts development, management or use of such real property
for the purpose of preserving or maintaining the scenic, open, historic, architectural
or the natural or physical condition of the real property.
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, aesthetic
or scenic resources. For the purposes of this section, natural resources shall
include but not be limited to agricultural lands defined as open lands used
in bona fide agricultural production.
A.
Proposed by owner. Any owner or owners of land may submit
a proposal to the Town Board of the Town of Hamburg for the granting of interests
or rights in real property for the preservation of open spaces or open areas.
Such proposal shall be submitted in such a manner and form as may be prescribed
by the Town Board and shall include a survey map and metes and bounds description
of the proposed area.
B.
Review by Conservation Board. Upon receipt of such proposal,
the Town Board shall convey the proposal to the Conservation Advisory Board.
The Conservation Advisory Board shall investigate the area to determine if
the proposal would be of benefit to the people of the Town of Hamburg and
may negotiate the terms and conditions of the offer. Prior to making its determination,
the Conservation Advisory Board shall send copies of the agreement to the
Building Inspector, the Planning Director, the Planning Board, the Town Engineer,
the Highway Superintendent, the Assessor, and the Town Attorney for their
review and input. Upon considering input from other departments and if the
Conservation Advisory Board determines that it is in the public interest to
accept such proposal, the Conservation Advisory Board 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. If the Conservation Advisory
Board determines that it is not in the public interest to accept the conservation
easement, it shall notify the Town Board and recommend that the Town Board
take no further action on the application.
C.
Public hearing by the Town Board. After receiving any
such recommendations, and after due investigation, if the Town Board determines
that it is in the public interest to accept such a proposal, then the Town
Board shall conduct a public hearing within 45 days of the receipt of such
advisory opinion on the issue of whether or not the Town should accept such
proposal. 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, and to the school district in which it is located.
D.
Determination. The Town Board, after such public hearing,
may adopt the proposal or any modification thereof it deems appropriate or
may reject it in its entirety.
E.
Recording agreement. If such proposal if 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 Erie County Clerk's Office.
After acquisition of any easement pursuant to this chapter, the assessed
valuation placed upon such land area shall take into consideration the limitation
on the use of the land.
A.
If there is a substantial violation of the terms and
conditions of the conservation easement agreement or if said is canceled by
the Town Board upon petition, the then owner or owners of said property must
pay the Town of Hamburg the following amounts:
(1)
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.
(2)
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 in its 16th year or later will be subject to
a three-year maximum rollback; plus 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.
B.
The Town will monitor and periodically
inspect the properties with these conservation easements and determine if
the owner is adhering to the requirements of this easement.
