[Adopted 3-10-1987 as part of L.L.
No. 1-1987[1]]
It is the purpose of this article to provide
for the acquisition of conservation easements by the Town of Southampton
over real property for the conservation of open space and areas which
shall constitute a valid public purpose.
For the purposes of this article, the terms
used herein are defined as follows:
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 or natural condition, character, significance or
amenities 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 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 Conservation Board of the Town of Southampton
for the granting of a conservation easement. Such proposal shall be
submitted in such manner and form as may be prescribed by such 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 Conservation Board shall investigate the area to determine
if the proposal would be of benefit to the people of the Town of Southampton
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
a proposal, it should 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 such advisory opinion, hold a public
hearing concerning such proposal. At least 10 days' notice of the
time and place of such hearing shall be published in the official
newspaper of the Town. A copy of said notice shall also be posted
on the Town Clerk's signboard.
[Amended 5-12-1992 by L.L. No. 20-1992]
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 Suffolk County Clerk's
office.
F.
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.
A.
All conservation easement proposals accepted by the Town Board pursuant to § 247-18D of this article shall be in a form acceptable to the Town Attorney, but at a minimum should meet the following standards:
(1)
In the case of agricultural land used for agricultural
production, as defined in § 301 of the Agricultural and
Markets Law of the State of New York, the grantor must agree that
the land under the easement will not be developed, built upon or otherwise
changed during the term of the conservation easement, except that
agricultural operations shall be permitted.
(2)
In all other cases, the grantor must agree that the
land under the easement will not be developed, built upon or otherwise
changed during the term of the conservation easement except that bona
fide conservation measures may be permitted pursuant to a conservation
management plan approved by the Conservation Board.
(3)
Land covered by a conservation easement may be sold,
but the terms and conditions of the conservation easement shall run
with the land and shall continue for the term of the conservation
easement.
(5)
A conservation easement may only be modified or extinguished as permitted by Subdivision 1 of § 49-0307 of the Environmental Conservation Law of the State of New York. Where a conservation easement is extinguished, except by eminent domain, the penalties provided for in § 298-12 of this Code shall be paid.
(6)
Conservation easements must have a minimum term of
five years. There shall be no maximum term, and conservation easements
may be perpetual in duration.
B.
Where the parcel covered by the conservation easement
contains a principal dwelling or other buildings and structures, said
dwelling, buildings or structures shall be excepted from the conservation
easement.
