[HISTORY: Adopted by the Town Board of the Town of Perinton 8-12-1976 as Ch. 65 of the 1976 Code; amended in its entirety 3-8-2023 by L.L. No. 1-2023. Subsequent amendments noted where applicable.]
This chapter shall hereinafter be known and cited as the "Conservation Easement Law of the Town of Perinton."
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, agricultural areas, 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 Perinton 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 for bona fide agricultural production, open space or open area as the same is defined in § 103-5 herein.
In accordance with § 247 of the General Municipal Law of the State of New York, the Town Board of the Town of Perinton 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 Perinton, excluding those areas within the corporate limits of the Village of Fairport.
For the purpose of this chapter, the terms used herein are defined as follows:
BONA FIDE AGRICULTURAL PRODUCTION
Any use of a space or area that supports an agricultural activity that meets or exceeds any of the following terms as set forth in § 208-8, Definitions, of the Town Code:
A. 
Agricultural activity.
B. 
Agricultural products.
C. 
Agricultural structure.
D. 
Farm.
E. 
Farm operation: see also "commercial enterprise" in § 208-8, Definitions.
OPEN SPACE or OPEN AREA
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 development or would maintain or enhance the conservation of natural or scenic resources. For the purposes of this section, natural resources shall include but not be limited to agricultural lands used in bona fide agricultural production as defined in § 103-5, Definitions. The space or area must be 1) suitable for further development and 2) be eligible for legal subdivision in accordance with current zoning regulations as set forth in the Town Code, so that the limitation on development during the easement time period provides a benefit to the Town.
A. 
Conservation easement. The owner(s) agrees the land under easement will not be developed, built upon, or otherwise changed during the term of the easement. There is no minimum size required for a parcel to be placed under a conservation easement except as defined in bona fide agricultural production. Easements shall comply with the requirements outlined in § 103-8, Exclusion from easement.
B. 
Agricultural conservation easement. The owner(s) agrees the land under easement shall be principally and actively used for bona fide agricultural production purposes as defined in § 103-5, Definitions, for the term of the easement. A minimum area size of five acres of land being used for agricultural production is required. Easements shall comply with the requirements outlined in § 103-8, Exclusion from easement.
An easement must be a minimum of five years extending to any length exceeding five years. There is no maximum term length.
A. 
The following shall be excluded from any easement pursuant to this chapter:
(1) 
All dwelling units, commercial structures, accessory structures, and other uses similar in nature to those listed in this subsection that meet the spirit and intent of this requirement; and
(2) 
All lands surrounding all dwelling units, commercial structures, accessory structures, driveway, road rights-of-way hardscaping, mowed areas utilized as lawn around primary and secondary structures and other lands similar in nature to those listed in this subsection that meet the spirit and intent of this requirement; and
(3) 
New York State Department of Environmental Conservation freshwater wetlands; and
(4) 
Lands located within the Town's Limited Development Districts (LDD) shall be excluded, however due to the setting in which LDD lands are located, the Conservation Board shall review on a case-by-case situation and make a determination if the proposal meets the goals and objectives of the conservation easement program.
B. 
Property owner(s) may wish to exclude a certain area of a parcel(s) from a proposed easement. This should be discussed with and agreed to by the Conservation Board. Exclusion areas need not be contiguous but are to be clearly designated on the accompanied map consistent with § 103-9A(1).
A. 
Proposal by owner. Any owner or owners of land may submit a proposal to the Conservation Board of the Town of Perinton for the granting of interests or rights in real property for the preservation of agricultural production, open spaces or areas.
(1) 
Such proposal shall be submitted in such manner and form prescribed by the Conservation Board and shall include a survey map. In lieu of a survey map, a description of the proposed area demonstrated by a map, or sketch, with accompanying dimensions may be acceptable to the discretion of the Conservation Board.
(2) 
The owner shall pay to the Town a fee consistent with Chapter 130 of the Town Code as set by the Town Board which shall be deemed a reasonable sum to cover the costs of administration, no part of which shall be returnable to the applicant.
(3) 
Applications shall be filed with the Town Assessment Office by October 1 to insure the easement will be reviewed and, if approved, filed with the office of the County Clerk prior to the taxable status date being March 1.
B. 
Review by Conservation Board. Upon receipt of such proposal, the Conservation Board shall investigate the area to determine if the proposal would be of benefit to the people of the Town of Perinton 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 45 days of receipt of the Conservation Board's advisory opinion, hold a public hearing concerning such proposal at a place within the Town of Perinton. 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 Monroe County Development Review Committee as required per GML § 239 referrals, and to the school district in which it is located.
D. 
Determination. The Town Board, after receiving the reports of the Conservation Board and the Monroe County Development Review Committee, school district in which the proposal is located, and after the public hearing, may adopt the proposal or any modification thereof it deems appropriate or may reject it in its entirety. An agricultural conservation easement, with the associated tax benefits, may be granted only after the Town Board makes a finding that the parcel will be used for bona fide agricultural production.
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 office of the County Clerk as determined by the Town Attorney.
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 on the future use of the land as determined solely by the Town Assessor.
Lands covered by a conservation easement are subject to heirs, successors, and assigns. Pursuant to executed easements, lands may be sold in their entirety at any time; however, the terms and conditions of the easement shall continue until expiration or cancellation in accordance with § 103-12.
A. 
The easement may be canceled by the Town Board upon 30 days' notice to the landowner(s) in the following circumstances:
(1) 
If there has been a substantial violation of the terms and conditions of the conservation easement agreement; or
(2) 
Upon any subdivision of the land in which the conservation easement property is located; or
(3) 
Upon the submission of a petition to the Town Board by the owner(s) showing good cause.
B. 
All cancellations of conservation easements and agricultural conservation easements are effective immediately upon approval by the Town Board and payment of all penalties as set forth in § 103-13. Penalty payments are due as specified in the Town Board resolution canceling said easement(s). Cancellation of conservation and agricultural conservation easements are at the sole discretion of the Town Board and specified by Town Board resolution.
A. 
Upon the cancellation of any easement the Town Board will assess a penalty payment as outlined below and the then owner or owners of said property must pay to the Town of Perinton the following amounts:
(1) 
A relevy of all taxes granted abatement under and pursuant to the conservation easement agreement and shall include taxes to the state, county, Town, school districts, special improvement districts and other taxing units to which the property is subject. Said tax relevy shall be limited as follows:
(a) 
Any easement broken before its 11th year in which the tax benefit is received will be subject to a five-year maximum rollback;
(b) 
An easement broken in or between its 11th and 15th year in which the tax benefit is received will be subject to a four-year maximum rollback;
(c) 
An easement broken in its 16th year or later in which the tax benefit is received 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; plus.
(3) 
An estimated tax relevy or escrow amount, based on the most recent available tax rate(s), for the reimbursement of any abated tax amount occurring after the cancellation of a conservation easement. There shall be no refund of excess escrow dollars collected.
B. 
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.