Rotterdam, NY Zoning Ordinance

The Town of Rotterdam may acquire conservation easements over real property in accordance with § 239-y of the General Municipal Law and Article 49, Title 3, of the Environmental Conservation Law. This article establishes guidelines and criteria for the evaluation of such easements in order to clearly establish the public benefit associated with any offer to donate or sell such easements. The proposed easement shall have a definite public purpose, which benefits the Town and the community as a whole.

Any conservation easement offered to the Town shall be perpetual.

The proposed easement should be further evaluated according to the following criteria:

The proposed easement shall conserve, preserve and protect one more of the following:

(1)

An area which is significant because of its value as agricultural or forest land.

(2)

An area which is significant because of its unique scenic or natural beauty.

(3)

An area which is significant because of its value as a watercourse, water body, freshwater wetland or aquifer recharge area.

(4)

An area which is significant because of its unique geological or ecological character.

(5)

An area which is significant because of its historical, archaeological, architectural or cultural amenities.

(6)

An area which is significant because of its value as a community recreational area, greenway corridor, or its relationship to an adjacent recreational area.

(7)

An area which is significant because of its value as a wildlife habitat or its relationship to an adjacent wildlife preserve or wildlife corridor.

(8)

An area which is significant because of its intrinsic value as open space necessary to preserve scenic vistas or otherwise enhance community character and attractiveness.

(9)

An area which is significant because of its intrinsic value as open space in determining future land use development patterns within the Town.

Although conservation easements are not required to confer public use of the property, in certain cases, public use may be considered a factor in determining the significance of an area.

Responsibility for enforcement shall reside with the Town. The easement should contain the necessary terms and restrictions to ensure that the original character of the area is maintained and to provide sufficient detail that the Town can effectively enforce all the terms and conditions of the easement. It shall be clearly stated that the owner of the property is responsible for the maintenance of the area.

The fundamental purpose of the conservation easement is to conserve, preserve and protect open space. In the case of the reserved open space, limited structures or other improvements may be permitted to be constructed on the property under terms of the easement. Any structures or other improvements permitted under the easement must be strictly limited, must not encroach on the character of the area, and shall be fully defined in a manner satisfactory to the Town and consistent with zoning and other regulations prior to Town Board acceptance of the easement donation.

The Town Board may request an initial donation for costs relating to acceptance and ongoing monitoring of the conservation easement.

The Town is responsible for annual review of each conservation easement to verify the continued integrity of the easement. The Town Board may request advisory opinions from the Town Conservation Advisory Council, the Town Planning Board and the Town Parks Department, and other appropriate agencies prior to acquisition of such an easement.

In accordance with law, the Town Board is required to hold a public hearing on the proposed acquisition prior to any action.

The approved conservation easement shall be recorded with the Town Clerk, Town Tax Assessor, and the Schenectady County Clerk.