[HISTORY: Adopted by the Town Board of the Town of Amherst 7-19-1993 by L.L. No.
7-1993.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 83.
Environmental quality review — See Ch. 104.
Construction of public improvements — See Ch. 125.
Property maintenance — See Ch. 151.
Recreation and open space — See Ch. 155.
Trespassing — See Ch. 181.
Zoning — See Ch. 203.
Subdivision of land — See Ch. 204.
This chapter shall hereinafter be known and cited as the "Conservation
Easement Law of the Town of Amherst."
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 Amherst 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 § 92-5 herein.
In accordance with § 247 of the General Municipal
Law of the State of New York, the Town Board of the Town of Amherst
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 Amherst,
excluding those areas within the corporate limits of the Village of
Williamsville.
For the purpose of this chapter, the terms used herein are defined
as follows:
The Conservation Advisory Council of the Town of Amherst.
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 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 for the granting of interests or rights in real
property for the preservation of open spaces or areas. Such proposal
shall be submitted in such 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. The owner shall pay to the Town
a fee of $50, which shall be deemed a reasonable sum to cover the
costs of administration, no part of which shall be returnable to the
applicant.
B.
Review by the Conservation Advisory Council. Upon receipt of such
proposal, the Town Board shall first refer it to the Commissioner
of Building, the Planning Director, the Town Engineer, the Highway
Superintendent, the Assessor, the Town Attorney and the Conservation
Advisory Council for their review and consideration and their recommendation
to the Town Board.
C.
Public hearing by 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 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.
Determinations. 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 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 Erie County Clerk's office.
After acquisition of an 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.
If there is a substantial violation of the terms and conditions
of the conservation easement agreement, 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 Amherst the difference in reduced
taxes for all the prior years resulting from the reduction in assessment
due to the conservation easement.