[Adopted 3-10-1987 as part of L.L.
No. 1-1987]
It is the purpose of this article to provide for a uniform and orderly procedure for assessing lands for real property tax purposes which are subject to a conservation easement as provided for under Article III of Chapter 247, Open Space. Subdivision 3 of § 247 of the General Municipal Law requires that valuation of lands for real property tax purposes takes into account the limitations on land use imposed by a conservation easement.
A.
If there is substantial violation of the terms and
conditions of the conservation easement or if said easement is extinguished,
the then owner or owners of said property must pay to the Town of
Southampton the following amounts:
(1)
All taxes granted abatement under and pursuant to
the conservation easement, 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. 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 broken in its 16th year or later will be subject to a
three-year maximum rollback; plus
(2)
The 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.
Where a conservation easement is extinguished through
the power of eminent domain, the penalties provided for in this section
shall not be imposed.