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HomeMy WebLinkAbout2023 Local Law #4, Tax Abatement Conservation Easements          Local Law No 04 of 2023   PROVIDING FOR A PARTIAL ABATEMENT OF LOCAL REAL PROPERTY TAXES UNDER REAL PROPERTY TAX LAW § 491-b FOR CERTAIN QUALIFYING CONSERVATION EASEMENTS   Be it enacted by the Town Board of the Town of Danby as follows:  Section 1: Authority This local law is enacted pursuant to Municipal Home Rule Law §§ 10, General Municipal Law § 247, and Real Property Tax Law § 491-b, and is intended to provide rules and regulations for  the Town of Danby’s Conservation Easement agreement partial tax exemption program.  Section 2: Purpose and Limitations. A. The Town’s Conser vation Easement agreement programs are intended to conserve open area, open space, and lands imbued with significant ecological, agricultural, or conser vation values, including to help maintain the character of the Town, preserve important ecological characteristic of the area, and to provide financial incentives and assistance to those landowners willing to forgo development or grant by gift or otherwise interests in or restrictions upon real property in a manner as meets the requirements for Conservation Easements as set forth in the New York law, including  but not limited to the Environmental Conservation Law. B. Among the programs of the Town is the partial tax exemption program for qualifying Conservation Easements as set forth in New York State Real Property Tax Law § 491-b, as implemented by this local law, which require, among other things, a Conservation Easement granted or donated to the Town that has a duration of at least 15 years and  meets the general requirements of General Municipal Law § 247. C. There are many benefits to entering into Conservation Easements, some of which are fiscal, such as the preservation of land values, federal and state tax income tax deductions for gifts of interests and restrictions in real property, as well as differing state and federal real property tax benefits or reductions for certain conservation programs and easements, among others. While the Town will strive to identify and approve numerous types of Conservation Easements, only those that meet the requirements of New York State Real Property Tax Law § 491-b are eligible for the state real property tax exemption referenced in this local law. As well, a Conservation Easement may describe differing rights in differing areas of land, and only a portion of  affected lands may qualify for the exemption listed under this local law.   Mary Ann Barr 2021   T he Town of Danby  1830 Danby Road, Ithaca, NY 14850  danby.ny.gov  Janice Adelman, Town Clerk  Cindy Katz, Deputy Town Clerk  +1-607-277-4788 | clerkoffice@danby.ny.gov Town of Danby, NY Local Law 4 of 2023 Conservation Easement Tax Abatement  D. Whether any easement, grant, or donation is eligible for any other state or federal exemptions, credits, deductions, abatements, or other direct or indirect benefits (fiscal or otherwise) is for the applicant or landowners to determine. The § 491-b tax exemption program encompassed and described in this local law does not describe all Conservation Easement programs utilized or considered by the Town, and what program or benefit to select or seek approval upon, whether state of federal (or both), and what terms and conditions will be acceptable to an individual applicant or donating landowner will be for the applicant or landowner to decide. The Town will negotiate and review the same, determining whether the same is acceptable relative to the town’s open space and conservation and preser vation goals, including as expressed in the Town’s comprehensive plan, and including whether a proposed Conservation Easement that is subject to the § 491-b application process set forth  herein is approved by the Town. E. Nothing in this local law prohibits any other taxing authority or department from adopting its own legislation to authorize an exemption based upon the express  authority granted there for pursuant to real Property Tax Law § 491-b(1).  Section 3: Def initions.  As used in this local law, the following terms shall have the meanings indicated: ASSESSOR and COMMISSIONER OF ASSESSMENT – These terms refer to the assessors at the Tompkins County Assessment Department and the Director of Assessment in and for the  County of Tompkins, respectively. CONSERVATION ADVISORY COUNCIL or CAC – The Town’s Conser vation Advisor y Council, as was created pursuant to the authority and requirements of General Municipal Law § 239-x, and for purposes of this local law, such term shall also mean any Conservation Board as may hereafter be created pursuant to the authority and requirements of General Municipal Law §  239-y. CONSERVATION EASEMENT – An easement, covenant, restriction, or other interest in, or agreement pertaining to, real property that limits or restricts the development, management, or use of real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance, or amenities of the real property in a manner consistent with the public policy and purposes set forth in the Town’s comprehensive Plan, General Municipal Law § 247 and, Environmental Conser vation Law § 49-0301, among others. Pursuant to the Town’s policies for Conser vation Easements, such are generally a binding form of easement agreement affecting real property, as granted by the owner or owners thereof, as restrict or limit the future use or development of such real property, in whole or in part, perpetually or for a limited period of years, in a manner as advances the conservation and open space goals of the Town, usually including both the  surface and subsurface estates in real property. 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 urban development or would maintain or enhance the conservation of natural or scenic resources. For the purposes Page  2 of  9  Town of Danby, NY Local Law 4 of 2023 Conservation Easement Tax Abatement  of this definition, “natural or scenic resources” shall include, but not be limited to,  agricultural lands defined as open lands actually used in bona fide agricultural production. TOWN and TOWN BOARD - The Town of Danby, located in Tompkins County, New York, and  the Town Board of the Town, respectively.  Section 4: Scope of Conservation Easement Exemption A. The Conser vation Easement exemption seeks to conserve a wide range of resources in the community that contain or contribute in some reasonably direct and material manner (including by being of a suitable size and being in a suitable locations) to a conser vation, ecological, Open Space, or Open Area goal sought by the Town,  including, but not limited to: i. Community character, including active working farms; agricultural soils and farmland; locally significant historic and cultural resources; buildings on the National Historic Register or that are contained within an Historic District; scenic views, vistas, and landscapes; and unique geological or physical features or forms, including but not limited to those designated in the listings of Tompkins County Unique Natural Areas, state-recognized Critical Environmental Areas, and state  indexed Significant Natural Communities. ii. Recreation and greenways, including lands suitable for parkland, trails, and public access to waterways; lands adjacent to streams and waterbodies and their tributaries; lands adjacent to preserves or public/private recreational facilities, including New York State Forests and preser ves; lands adjacent to roads that provide a scenic view; lands near existing trails and also contiguous lands that  serve as viable wildlife greenways and travel pathways. iii. Forest, fields, and wildlife ecosystems, including forests and woodlands, particularly larger areas of 10 acres or more, including working woodlands and forests, forested lands, grasslands and meadows adjacent to streams (riparian lands), forested wetlands or vernal pools, grasslands, pastures, and shrub lands; and lands that support habitat for rare or threatened plant and animal species  important to regional and local biodiversity. iv. Natural water systems, streams, ponds, groundwater recharge areas, vernal pools, wetlands (especially those not already protected under state or federal wetland  law), including surface and subsurface tributaries to each of the same. v. Constrained lands, including wetlands, floodplains, land with steep slopes of 15% or greater, and bodies of water that provide for, or contribute to, valuable habitat for wildlife or other measurable ecological or conservation goals, which in turn help retain the character of the Town and enhance quality of life for all Town residents. Constrained lands are not automatically excluded but are eligible for participation in this Town conservation program when such lands provide an additional public benefit to enhance the conser vation of natural or scenic resources, such as providing public access, conducting best management Page  3 of  9  Town of Danby, NY Local Law 4 of 2023 Conservation Easement Tax Abatement   practices, or meeting other public goals. vi. Unimproved lands owned by a homeowners’ association and lands that contain deed restrictions as required by a conservation subdivision approved by the Town Planning Board can serve open space and other ecological and conservation goals, which also in turn help retain the character of the Town and enhance quality of life for all Town residents. These types of restricted or encumbered lands are not automatically excluded but are eligible for participation in this Town conser vation program when lands provide an additional public benefit to enhance the conser vation of natural or scenic resources, such as providing public access,  conducting best management practices, or meeting other public goals. vii. Lands involved in active agriculture, including those that receive an agricultural assessment, are eligible for a Conservation Easement agreement, which may be applied to the agricultural assessment value as calculated under NYS law to serve as a form of safe harbor for farms which may become inactive or otherwise ineligible for the NYS agricultural assessment program, provided that such lands provide an additional public benefit to enhance the conservation of natural or scenic resources, such as providing public access, conducting best management  practices, or meeting other public goals. B. A Conservation Easement agreement can be applied to any land, improved or otherwise, but such is not generally applied to fully developed lands primarily already part of a residential development (such as townhouses) or subdivision, or lands already developed and used primarily for or in connection with commercial or industrial uses. For example, lands in residential use (including homeowners' association improved lands) that are occupied by sheds, pools, patios, active recreation areas (pools, tennis courts, etc.), or used as yard space, should be considered part of the residential use and development, and not considered as open space. Generally, the minimum area the town seeks to protect by conservation easements is 5 acres. However, all land is unique and what may not be a suitable parcel due to not being 5 acres in one area may be suitable when only 2 acres in another, such as the piece of land last needed to connect two habitat corridors, to  connect a community trail, etc.  SECTION 5. Conservation Easement Agreement Conditions. The following items are intended to provide examples of conditions that may be included in a  Conservation Easement agreement. A. General guidelines in addition to those set forth in this section shall be those as approved by the Town Board from time-to-time by resolution, including, for example, the Conservation Easement forms and guidelines as already exist and are managed by  the Town’s CAC. B. Development is usually not permitted or restricted within all or some portion of lands intended to be protected by a Conservation Easement agreement (for the length of the agreement). Likewise, substantial residential development (particularly by subdivision) and commercial and industrial development are prohibited, as are the Page  4 of  9  Town of Danby, NY Local Law 4 of 2023 Conservation Easement Tax Abatement  placement of cell towers and related telecommunications facilities, and the placement of large-scale solar, wind, or farm waste facilities. However, previously conserved land that becomes subject to a mandatory easement or land conveyance for public utility purposes (electric, gas lines, etc.) shall not thereby automatically become ineligible  for the Conservation Easement benefits originally conferred under this local law. C. Permitted uses of land that participate in a Conser vation Easement agreement are generally activities necessary to preser ve natural resources and encourage  responsible agriculture and forestry. D. The cutting of trees for firewood to heat structures located on the property or on other property owned by the landowner is usually permitted. The landowner may remove trees that are diseased or dangerous or identified by the NYSDEC and  “invasive species,” consistent with sound forest management practices. E. The Town may consider conditions within the Conservation Easement agreement including, but not limited to, those that address public concerns or nuisances (e.g., prohibiting off-road motorcycle, snowmobile, or ATV recreation uses), that address preservation or conservation of ecological or environmental values, or that provide for  public use or access. F. A Conservation Easement agreement covering lands in agricultural and farming uses should include language that allows the landowner (if so desired) to carry out agriculture-related farming and commercial activities, as well as rights to construct, maintain and repair buildings, structures, and other improvements for farm operations which are necessary to expand or enhance the agricultural productivity of  the property.  SECTION 6. Procedures for Obtaining Conservation Easement Agreement. A. 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 Space or Open Areas. Such proposal shall be submitted in such a manner and form as may be  prescribed by the CAC and approved by the Town Board. B. Upon receipt of such proposal, the Town Board shall convey the proposal to the CAC, and the CAC shall review the application, investigate the area to determine if the proposal would be of benefit to the people of the Town, and may negotiate the terms and conditions of the offer and the Conservation Easement agreement. If the CAC 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 approve such application and accept  such proposal. C. The Town Board shall, within thirty days of receipt of such advisory opinion, hold a public hearing concerning such proposal within the Town. At least 10 days’ notice of the time and place of such hearing shall be published in a paper of general circulation in the 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’ of the Page  5 of  9  Town of Danby, NY Local Law 4 of 2023 Conservation Easement Tax Abatement   boundaries of said proposed area, and to the school district in which it is located. D. The Town Board, after receiving the reports of the CAC, and after such public hearing (and the completion of any required State Environmental Quality Review Act reviews), may adopt the proposal or any modification thereof it deems appropriate, or may  reject the application and Conser vation Easement agreement in its/their entirety. E. If such proposal is adopted by the Town Board, it shall adopt a resolution approving the application and Conservation Easement agreement, each as presented or as so amended, and the forms for the same shall be executed by the owner or owners in  written form and in a form suitable for recording in the county clerk’s office. F. Such Conservation Easement agreement may not be canceled by either party. However, the owner or owners thereof may petition the Town Board for cancellation upon good cause shown, and such cancellation may be granted only upon payment of the penalties provided in this local law, in said § 491-b of the Real Property Tax Law, and pursuant to any applicable state or federal laws or rules for Conservation  Easements and their partial or whole impairment, loss, cancellation, or surrender. G. The acceptance of a dedication, transfer, or grant of any Conservation Easement under the § 491-b program herein authorized shall not automatically qualify or disqualify such easement or grant from qualifying for any other conservation or program benefits available under state or federal law for conser vation and related easements and agreements, and the Town expressly advises that it takes no position upon such issue, and that the applicant and landowners should consult with their own advisors and attorneys respecting the various state and federal rules and program requirements, including but not limited to the regulations, rulings, and  advisory opinions of the Internal Revenue Ser vice.  SECTION 7. Computation. A. An exemption granted pursuant to this local law shall commence as of the effective date of the Conservation Easement agreement and shall terminate upon the  expiration or termination of such agreement. B. The following table shall illustrate the computation of the exemption:  Commitment  Percentage of Exemption  15 to 29 years  50%  30 to 49 years  75%  50 to 75 years  85%  Perpetual  90% Such exemption shall be granted only upon application by the owner or owners of such real property on a form prescribed by the Commissioner of Assessment. Such application shall be filed with the Assessor for the Town on or before the taxable status date of the Page  6 of  9  Town of Danby, NY Local Law 4 of 2023 Conservation Easement Tax Abatement   Town.   C. If satisfied that the applicant is entitled to an exemption pursuant to this local law the Assessor shall approve the application, and such real property shall thereafter be exempt from taxation and special ad valorem levies as provided in this local law (and Real Property Tax Law § 491-b), commencing with the assessment roll prepared on the basis of the taxable status date. The assessed value of any exemption granted pursuant to this section shall be entered by the Assessor on the assessment roll with  the taxable property, with the amount of the exemption shown in a separate column. D. Whenever a Conservation Easement encumbers only a portion of a parcel, the Assessor shall henceforth enter that portion of the parcel encumbered by such  easement as a separate parcel on all subsequent assessment rolls. E. Regardless of any Town approval and any expectations of the applicant or landowners, there is no guarantee that 100% of the land covered, conditioned, or restricted by the approved Conservation Easement will be eligible for the exemption. For example, lands that allow for existing uses and future development may not be or remain eligible under said § 491-b, and the applicant and landowners are encouraged to  obtain the independent advice of advisors and attorneys of their own choice.  SECTION 8. Penalties. A. If there is a violation of the terms and conditions of the Conservation Easement agreement, or if such Conservation Easement agreement is canceled by the Town Board upon petition, then the owner or owners of such property must pay to the Town  the following amounts: 1. All taxes abated pursuant to the Conser vation Easement agreement, as limited by the remainder of this section, including, if applicable, those taxes imposed by the 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 equal to 5 times the taxes saved in the last year in which the land benefited from a Conservation Easement agreement exemption, plus interest of 6% per year, compounded annually for each year in which an exemption was  granted, not exceeding five years. B. Payments shall be added by or on behalf of each taxing jurisdiction to the taxes levied on the assessment roll prepared on the basis of the first taxable status date after there is a violation of the terms and conditions of the Conser vation Easement or such  Conservation Easement agreement is canceled.  SECTION 9. Application Materials and Criminal Violations. Once any landowner or applicant submits a written application, such submission shall be deemed and construed as a promise, representation, and warranty that all information included is substantially true to the best knowledge of the person signing such application, Page  7 of  9  Town of Danby, NY Local Law 4 of 2023 Conservation Easement Tax Abatement  and that such application, and all supporting materials do not exclude or fail to disclose information that would make the application not misleading (i.e., a failure to disclose or any act of concealment is a violation of this local law). It shall be deemed a violation of this local law to submit misleading, false, or untrue applications, materials, or information (or to fail to include material information to make any submission not misleading), and any such acts or omissions shall be a criminal violation of this local law punishable by a fine of not more than $500. In addition, any such violation shall result in the disapproval of any application and the  termination of all application reviews.  SECTION 10. Applications and Fees. The Town Board may from time-to-time change and update application requirements and forms and may provide for, or require, reasonable application fees for applications for exemptions under this local law. In addition, the Town Board and the CAC may from time-to- time update Conservation Easement agreement forms and terms. Any fees or fee schedules referenced in this local law shall be implemented and periodically updated by the Town  Board by resolution.  SECTION 11. Severance and Savings. The provisions of this local law are severable. If any court or tribunal of competent jurisdiction decides that any section, clause, sentence, part, or provision of this local law is illegal, invalid, or unconstitutional, whether as written or as applied, such decision, determination, or holding shall not affect, impair, or invalidate any of the remaining sections, clauses, sentences, parts, or provisions of this local law, and such illegality, invalidity, or unconstitutionality shall be confined in its operation to the persons and circumstances involved in the case or controversy as produces such decision, determination, or holding. This local law does not supersede or alter the exemption authorized by Real property Tax Law § 491-b, nor the regulations and rules construing and applying the same under other New York State statutes and regulations, including but not limited to those of the State Board  of Equalization and Assessment and the Office of Real Property and Tax Services.  SECTION 12. Time of Effect.  This local law shall take effect immediately.   Page  8 of  9  Town of Danby, NY Local Law 4 of 2023 Conservation Easement Tax Abatement     Vote on 19 July 2023 to approve Local Law 4 of 2023  Councilperson  Aye  Nay  Abstain  Connors X      Hunter X      Woodworth X      Gagnon X       I, Janice Adelman, do hereby certify that the above local law was passed at a meeting of the Town of Danby held on 19 July 2023, is incorporated in the original minutes of said meeting, and, that said resolution to approve Local Law 4 of 2023 has not been altered, amended, or revoked, and is in full force and effect.         Janice Adelman  Town Clerk                     Official Seal of Municipality   Page  9 of  9