[HISTORY: Adopted by the Town Board of the Town of Elma 9-21-2005. Amendments noted where applicable.]
This chapter shall hereinafter be known and cited as the "Conservation
Easement Law of the Town of Elma."
It is the purpose of this chapter to provide for the acquisition of interest 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 Elma 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 § 70-5 herein.
In accordance with § 247 of the General Municipal
Law of the State of New York, the Town Board of the Town of Elma 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 Elma.
For the purpose of this chapter, the terms used herein are defined
as follows:
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 definition, "natural resources" shall include but not be limited
to agricultural lands defined as open lands actually used in bona
fide agricultural production.
A.
Proposal by owner. Any owner or owners of land may submit a proposal
to the Town Board of the Town of Elma for the granting of interest
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 Conservation 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 Board. The
Conservation Board shall investigate the area to determine if the
proposal would be of benefit to the people of the Town of Elma and
may negotiate the terms and conditions of the offer. If the Conservation
Board determines that it is in the public interest to accept such
proposal, it 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.
C.
Public hearing by Town Board. The Town Board shall, within 30 days
of receipt of such advisory opinion, hold a public hearing concerning
such proposal at a place within the Town of Elma. 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, to the school district in which it is located.
D.
Determination. The Town Board, after receiving the reports of the
Conservation Board and 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 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 County Clerk's office.
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 of the fixture
use of the land. The limitation will be calculated by the Assessor
first determining the going market value of farmland in the immediate
area, which may include farmland in the Towns of Aurora, Marilla and
Lancaster. Secondly, the vacant land within the conservation easement
of the parcel will have the assessment reduced by the following percentages,
thus compensating for the loss in value due to the conservation easement
being placed upon the vacant land within the conservation easement
of the parcel:
|
Commitment
|
Percentage of Reduction
|
|---|---|
|
15 to 29 years
|
50%
|
|
30 to 49 years
|
75%
|
|
50 to 75 years
|
85%
|
|
Perpetual
|
90%
|
If there is a violation of the terms and conditions of the conservation
easement agreement or if said conservation easement agreement is canceled
by the Town Board upon petition, then the owner or owners of said
property must pay to the Town of Elma the following amounts:
A.
All taxes abated pursuant to the conservation easement agreement,
as limited by the remainder of this subsection, including those taxes
imposed by the state, county, Town, school districts and all special
improvement districts and other taxing units to which the property
is subject. Repayment of the aforementioned abated taxes shall be
based upon the following calculations:
(1)
Easement agreements violated or canceled before the 15th year will
be subject to repayment of the amount of the abated taxes for the
past year, multiplied by five.
(2)
Easement agreements violated or canceled between the 15th and 20th
years will be subject to repayment of the amount of the abated taxes
for the past year, multiplied by four.
(3)
Easement agreements violated or canceled in their 20th year or later
will be subject to repayment of the amount of the abated taxes for
the past year, multiplied by three.
B.
A penalty which is based upon the amount of the previous year's tax
abatement, multiplied by a factor (not to exceed 25) equal to the
duration of the easement agreement, plus 6%.
