HomeMy WebLinkAbout06 - Conservation Easement Study, 2004
CONSERVATION EASEMENT STUDY
Village of Rye Brook, New York
Prepared for:
MAYOR FRANCIS L. FILIPOWSKI &
THE VILLAGE BOARD OF TRUSTEES
Prepared by:
FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
350 Theodore Fremd Avenue, Rye, New York 10580
February 2004
DRAFT
TABLE OF CONTENTS
PAGE
A. INTRODUCTION 1
B. CONSERVATION EASEMENTS 2
1. What is a Conservation Easement 2
2. Who holds an Easement 3
C. STUDY METHODOLOGY 4
1. Identification of issues 4
2. Analysis of current regulations 4
3. Analysis of changes to the Zoning Code 4
4. Recommendations for amendment of the Zoning Code 4
D. ANALYSIS OF EXISTING CONDITIONS 5
1. Roads 5
2. Properties 6
E. CONCLUSIONS 7
F. SCENIC ROAD OVERLAY DISTRICT 8
1. Findings 9
2. Plan Review within Scenic roads Overlay District 10
G. RECOMMENDATIONS 11
APPENDIX A – STUDY AREA PHOTOGRAPHS
Photo 1 Photo 1- Stone Entry Piers, King Street
Photo 2 Gate and Wall, King Street
Photo 3 Stone Retaining Wall, King Street
Photo 4 Stone Wall, King Street
Photo 5 King Street Landscape, Vicinity of the Blind Brook Club
Photo 6 Landscaped Entrance to Doral Greens, Anderson Hill Road
Photo 7 Site of Proposed Hilton Garden Inn, Anderson Hill Road
Photo 8 Entrance to Blind Brook Club, Anderson Hill Road
Photo 9 Stone Wall, Lincoln Avenue
Photo 10 Stone Piers and Wall, 22 Lincoln Avenue
Photo 11 New House at Minimum Setback in R-10 District, Lincoln Avenue
Photo 12 New House at Minimum Setback in R-10 District, Lincoln Avenue
Photo 13 Parking Area at Minimum 25’Setback, Lincoln Avenue
Photo 14 Stone Pier with Undesirable Chain Link Fence, Lincoln Avenue
Photo 15 Rock Outcrop, Bowman Avenue
Photo 16 Stone Wall, Bowman Avenue
Photo 17 Rock Outcrops, Westchester Avenue
Photo 18 Rock Wall and Outcrop, Westchester Avenue
Photo 19 New Residence and Brick Walls, North Ridge Street
Photo 20 Stone Wall and Typical Landscape, North Ridge Street
APPENDIX B – MAPS
Map 1 Existing Setback Distances- King Street
Map 2 Existing Setback Distances- Lincoln Avenue
Map 3 Proposed Scenic Road Overlay Districts
APPENDIX C – MODEL CONSERVATION EASEMENT
APPENDIX D – LOCAL LAW
LIST OF TABLES AND FIGURES
Table 1 – Scenic Characteristics of Rye Brook Roads
Table 2 – Average Existing Front Setback Distances for King Street
Table 3 – Average Existing Front Setback Distances for Lincoln Avenue
Figure 1 – Scenic Roads Overlay District Proposed Setbacks & Buffers in R-20 District
on a Hypothetical Lot
Figure 2 – Scenic Roads Overlay District Proposed Setbacks & Buffers in R-15District
on a Hypothetical Lot
Figure 3 – Scenic Roads Overlay District Proposed Setbacks & Buffers in R-12 District
on a Hypothetical Lot
Figure 4 – Scenic Roads Overlay District Proposed Setbacks & Buffers in R-10 District
on a Hypothetical Lot
J:\DOCS2\500\RyeBrook\VillageProjects\ZoningCodeAmendments\Environment\Conservation\ConservationEasement
Report\538.138.conease.Table of Contents.doc
CONSERVATION EASEMENTS STUDY
VILLAGE OF RYE BROOK, NEW YORK
Prepared for Mayor Francis L. Filipowski and the
Board of Trustees of the Village of Rye Brook
by Frederick P. Clark Associates, Inc.
Planning/Development/Environment/Transportation
A. Introduction
Today many communities are struggling with the dilemma of how to balance growth with
preservation of the character and sense of place that makes their community unique.
Elected officials and residents of the Village of Rye Brook identified preservation of
community character as a worthy goal, and in their Vision Plan, set out to devise
appropriate recommendations to protect certain natural and man-made resources. These
“resources” include remaining open space, open space vistas, roads with scenic character,
artifacts such as stone walls or gates, and specific significant properties.
Although the resources have varying characteristics, the one distinction they all share is
their cumulative contribution to the visual and spatial character of the Village of Rye
Brook. As requested by the Board of Trustees, Frederick P. Clark Associates, Inc. has
analyzed ways to incorporate zoning amendments into the Village Code to preserve these
qualities. The regulations proposed in this document are consistent with the goals and
objectives of the December 2000 Village of Rye Brook Vision Plan.
This report presents the results of our analysis of the applicability of conservation
easement legislation in the Village of Rye Brook. The report recommends specific
additions to the Zoning Code to:
1. Amend Chapter 250, Zoning, to add new Scenic Roads Overlay Districts to
preserve Anderson Hill Road and King Street, north of the Hutchinson River
Parkway.
2. Enable the Board of Trustees or property owners to place conservation easements
on specific parcels of land.
In addition, we suggest the Board of Trustees consider expanding the Scenic Roads
Overlay Districts to certain other roads in the Village.
2
The report includes the following appendices, which contain additional information and
support documents for the text.
i Appendix A: photographs of areas studied.
i Appendix B: maps of proposed Scenic Road Overlay Districts.
i Appendix C: annotated model conservation easement.
A draft of a proposed local law amending Chapter 250 of the Village Code is attached in
Appendix D.
B. Conservation Easements
1. What is a Conservation Easement?
"The right to occupy, use, lease, sell, and develop land are all rights inherent with
property ownership. An easement involves the surrender or exchange of one or
more of these rights from the landowner to an outside party who in turn “holds”
the easement." 1
An easement is normally described in terms of the resource it is designed to
protect. Conservation easements are designed to protect natural features by
limiting or excluding specific activities on private land, such as residential
subdivisions, commercial uses, road construction, or disturbance of vegetation or
topography.
They are commonly used to protect scenic landscapes or vistas, principally those
with local community, cultural or historic significance. For example, an easement
preserving rare woodland habitat may require that the property be left entirely in
its natural state, prohibiting all development. To protect a lake or stream, an
easement may allow limited inland construction of buildings while preserving the
shoreline.2 In reference to the Village of Rye Brook, conservation easements may
complement efforts to protect scenic vistas, preserve open space or protect
waterways.
1 1998. Shear P. & Blaine T. Conservation Easements- OhioLine Land Use Series- via
www.ohioline.osu.edu/lines/facts.html 2 2002. Minesota Land Trust- “What are Conservation Easements?” www.mnland.org/index.htm
3
Conservation easements may be donated, sold at full-market value, or sold at
below-market value by the owner of the land. If donated, or sold at below-market
value, the landowner may qualify for an income tax deduction in the year of the
donation or sale. By creating a conservation easement, the land may qualify for a
lower estate tax valuation on the death of the owner, thereby reducing the tax
burden on the beneficiaries. Similarly, the local property tax assessments may be
lowered, benefiting the landowner on an annual basis thereafter.
2. Who holds an Easement?
Since the easement is generally granted in perpetuity, it is necessary for an outside
party to be responsible for monitoring and maintenance of the easement. The
outside party “holds” the easement and is required to monitor and enforce
adherence by current and future property owners to the terms of the easement.
The outside party may be a "land trust," or a municipality. Typically land trusts
prefer to hold easements on large tracts of land. A municipality may hold small
land easements on parcels or easements on portions of properties such as those
preserving vegetative buffers.
i. Land Trusts
A non-profit land trust works to preserve open space by holding
conservation easements. Under contract with local government, a land trust
may agree to serve as a vehicle for the negotiation, acquisition, holding and
enforcement of easements agreed to by, or imposed on, landowners as part
of the development review and approval process.3 The benefits of utilizing
the land trust option include stewardship and monitoring; most land trusts
employ a full-time land monitor to assure the easements are protected and
the agreements are met.4
ii. Municipal Enforcement Options
A municipality may decide to hold conservation easements and therefore
act as a land trust. As would an “official” land trust, the municipality would
then draft appropriate easement language, recordation methodology
(conservation easements are recorded on county land records and filed with
the Department of Environmental Conservation). In addition, a monitoring
and enforcement plan would be developed.
3 2004. Pace Land Use Law Center. “Conservation Easements and Land Trusts.” Series III: Innovative Tools and
Techniques, Issue Number 11.
4 31 December 2003. Phone conversation w/ Paul Gallay, Executive Director of the Westchester Land Trust.
4
iii. Co-Easement Agreements
Many communities work closely with land trusts and establish co-easement
agreements. In this situation, a private land trust is the lead easement holder
with the municipality as the back-up designee. If, for unforeseen
circumstances, the land trust is dissolved, the municipality ensures
continuity in enforcement.
C. Study Methodology
1. Identification of issues. To develop a clear understanding of the issues and a
representative sampling of sites containing the resources to be addressed in the
study, we consulted with Village staff, reviewed plans and aerial photos of
existing residential properties, in addition to touring the Village looking for
elements in the landscape that may be worthy of preservation. We found these
resources to include roads with rural and scenic character, stone walls, gates, other
isolated artifacts contributing to visual interest in the Village and specific unique
properties that provide open space or allow access to or protection for natural
resources.
2. Analysis of current regulations. To create a basis for comparison of existing and
proposed regulations in Rye Brook, we reviewed and analyzed model conservation
easement regulations and the Scenic Roads Overlay Districts in the Towns of
Hamptonburgh, the Village of Old Brookville, the Town of Stamford and the
Town of Bedford. In addition, we studied existing setback distances for developed
properties along specific roads within the Village of Rye Brook.
3. Analysis of changes to the Zoning Code. To test suggested changes to the Village
Code such as the addition of a Scenic Roads Overlay District or conservation
easement regulations, we studied the potential impact these regulatory measures
would have on a representative sampling of properties along Lincoln Avenue and
King Street, north of the Hutchinson River Parkway.
4. Recommendations for amendment of the Zoning Code. An analysis of various
possible changes to the Zoning Code was used to guide the selection of
appropriate controls and the drafting of a proposed amendment to the Code for
consideration by the Village Board of Trustees, the Village Planning Board and
the Village staff and consultants.
5
D. Analysis of Existing Conditions
1. Roads
The following sections of road have been identified in the Rye Brook Vision Plan as
having special and distinct scenic qualities essential to preserve:
i King Street, north of the Hutchinson River Parkway
i Anderson Hill Road
During our review of the major public roads in the Village, we discovered other roads
that may also be worthy of preservation. They are:
i Lincoln Avenue, from Westchester Avenue to the Blind Brook
i Bowman Avenue, from North Ridge Street to the Blind Brook
i Westchester Avenue/Route 120A, from North Ridge Street to the Blind
Brook
i North Ridge Street, from the Hutchinson River Parkway to Ridge
Boulevard
The results of analysis of existing conditions along these sections of road, described in
Table 1, Scenic Characteristics of Rye Brook Roads, reveal that relics of historic uses
such as agriculture and rural estates remain in place throughout the village, contributing
to visual character and a historic sense of place. A variety of rock and stone walls, gates
and entry piers mark the locations of previous uses. Protection of these elements enriches
the landscape and preserves part of the cultural history of the village.
Rock outcrops, watercourses, ridges and wetlands are unique natural features that add to
the picturesque quality of roads and open space throughout the village. Natural features
along with the vegetation that typically exists in the habitats the features create give the
landscape of Rye Brook its “New England” character, a resource worthy of preservation.
All the sections of roads and streets we identified as candidates for protection have
significant concentrations of cultural and natural features. There may be additional
isolated artifacts or scenic resources on other streets that should also be preserved.
6
Table 1 – Scenic Characteristics of Rye Brook Roads
NOTE: The following should be kept in mind when reviewing accompanying tables and photographs:
1. The measurements are relative and approximations are only as accurate as the data layers and measuring
tool, but general trends can be discerned.
2. Property owners' names have been omitted for reasons of privacy.
2. Properties
Natural and cultural resources worthy of protection exist, as isolated artifacts, throughout
the Village. Watercourses, such as Blind Brook and its east branch, have sections that
Road Section
Description
King Street, north of the
Hutchinson River Parkway
Tree-lined corridor with old stone walls and gates
running the length of the west side of the street.
Many homes are buffered by old-growth trees and
are not visible from the street.
Anderson Hill Road There are pockets of residential and recreational
development along this road - Doral Greens and
the Blind Brook Country Club and undeveloped
parcels and areas of open space.
Lincoln Avenue, south of
Jennifer Lane
Most of this portion of the avenue is built-out with
homes located at the minimum front-yard setback.
A few stone walls remain, as do a small number of
developable parcels.
Lincoln Avenue, north of
Jennifer Lane
Characterized as a tree-lined corridor, this section
contains a variety of stone walls and old-growth
tree stands. Most homes exceed the minimum
front-yard setback requirements.
Bowman Avenue, North
Ridge Street to Blind Brook
There are various undeveloped parcels along this
section of road. In addition, there are significant
rock out-crops. Properties along the north side are
buffered by stone walls.
Westchester Avenue, North
Ridge Street to Blind Brook
Although a short section of road, there is
substantial rock outcropping and presence of stone
walls.
North Ridge Street,
Hutchinson Parkway to
Ridge Boulevard
This section is bordered by stone walls running the
length of the west side of the road, which are
almost entirely uninterrupted.
7
continue to exist in a natural state. Areas of natural woodland and wetlands protect and
preserve the scenic and environmental quality of the watercourse, adding to the character
of the Village landscape. A property, privately or publicly owned and adjacent to the
Blind Brook, for instance, might be considered for protection that would help preserve
the wild character of the watercourse by limiting future development on the parcel and
protecting woodlands.
Rich Manor Park has already been designated by the County, and indirectly, by the
Federal government, as having significant environmental resources that should be
preserved and protected. Rich Manor Park is part of the environmentally sensitive and
significant area that borders the East Branch of the Blind Brook. Its vicinity to the Blind
Brook affords residents and visitors views of the water body and the park provides
valuable open space.
Providing additional protection, through the application of conservation easements within
the park along the banks of the Blind Brook would compliment the County's efforts by
limiting development and would preserve the ability of the park to protect the stream.
Likewise, property that contains a significant natural or planted stand of trees or one with
open space that is part of the view corridor for a scenic vista may also be protected as
features that contribute to landscape and spatial character.
E. Conclusions
Based upon our research and analysis, as well as our experience in other Westchester
County towns and villages, it is our opinion that Rye Brook contains unique landscape
elements, both cultural and natural, that are vestiges of its rural past and which contribute
to the character of the village and the quality of life of its residents. Furthermore, future
development may put natural and cultural resources in danger of being lost if not
protected.
The presence of developable lots along the roads studied increases the potential for the
destruction of stone walls and the loss of mature landscapes that create scenic views and
buffer existing development on properties. Historic stone walls and architectural details
such as piers and gates are in danger of removal due to subdivision or renovation. The
character of watercourses, woodlands, and open space can also be altered or lost through
development.
In order to help preserve these resources, it is important to monitor and guide
development in areas of unique character. It is our opinion that establishment of certain
roads as scenic corridors will help protect significant concentrations of resources,
ensuring and maintaining the visual quality and spatial characteristics of the Village. By
8
enabling a property owner or the Board of Trustees to apply conservation easements to a
specific property, natural resources and cultural artifacts may be preserved.
Isolated cultural and natural resources may be protected by the application of
conservation easements on the properties on which they are located. There may be
privately owned property within the Village on which the property-owner or the Board of
Trustees may want to place a conservation easement to protect a scenic or natural
resource or to preserve open space.
F. Scenic Road Overlay Districts
Within a scenic road overlay district new regulations, such as increased setbacks and
conservation easements, may be imposed that will help to protect natural and man-made
resources on properties.
Our analysis of existing front-yard setbacks revealed that newer homes in the areas we
studied (See Maps 1 and 2 in Appendix B) tend to be built at the minimum front-yard
setback requirement for the zoning district. Therefore, a new house is more likely to be
closer to the road than its neighbors, reducing the depth of the front yard and
consequently breaking a corridor’s spatial continuity. Likewise, parking or vehicular
drop-off areas for newer homes are located at the minimum 25-foot setback from the
front property line, placing them in full view from the street.
Tables 2 and 3 show that the current minimum setback requirements for the zoning
districts along King Street and Lincoln Avenue are much less generous than average pre-
zoning code setbacks at which an older house is more likely to be located. The deeper
setbacks of older homes give a road or street a more rural spatial character.
Table 2 – Average Existing Front Setback Distances for King Street
District
Average Existing Front
Setback Distance
Minimum Setback
Required by Code
R-15 45.4 Feet 40 Feet
R-20 89.4 Feet 40 Feet
9
Table 3 – Average Existing Front Setback Distances for Lincoln Avenue
The minimum setbacks required in the R-10, R-12, R-15 and R-20 zoning districts leave
insufficient space for adequate landscape buffers and tend to favor the removal of
woodlands and existing artifacts such as stone walls located near the front property line.
Increasing minimum front yard setbacks will move houses back sufficiently to provide
front yard open space and preserve or add a landscape buffer at the front property line
that is deep enough to provide room for dense plantings and to preserve existing
woodlands and artifacts such as stone walls. Parking should be located beyond the
landscape buffer close to the residence.
Figures 1 through 4 illustrate increased minimum front-yard setback requirements and
landscape buffers protected by conservation easements on minimum-sized lots in the R-
10, R-12, R-15 and R-20 zoning districts. The minimum setbacks have been increased by
a factor of 1.5 and a 35-foot deep conservation easement for a landscape buffer has been
applied along the front property line. The Height/Setback requirements of the underlying
zoning district would not apply in a scenic roads overlay district because the increased
setback is greater than what would be required by the Height/Setback Ratio.
To assure that development is consistent with the goal of maintaining the existing scenic
character of roads, neighborhoods or natural and man-made resources to the greatest
extent practicable, we recommend the following should be incorporated into Scenic
Roads Overlay District regulations:
1. Findings
a. That the character of a scenic road is a critical feature of the Village of Rye Brook
whose preservation enriches and benefits the quality of life experienced by its
residents;
b. That it is desirable to protect and preserve scenic views as well as sensitive natural
and man-made features on a Scenic Road and elsewhere in the Village such as, but
not limited to, stone walls, historic architectural elements, geological formations,
watercourses and significant vegetation;
District
Average Existing Front
Setback Distance
Minimum Setback
Required by Code
R-10 45.8 Feet 30 Feet
R-12 88.2 Feet 35 Feet
16
0
'
2 Story
125' Min. Lot Width
Street
40'
60'
Minimum Setbacks
per Code (typical)
Residence
40'
25'15'
PROPOSED SETBACKS & BUFFERS IN
R-20 DISTRICT ON A HYPOTHETICAL LOT
SCENIC ROADS OVERLAY DISTRICT
Maximum
Building
Footprint
35'
Proposed Required
Landscape Buffer
in Scenic Road
Overlay District
Proposed Front
Setback in
Scenic Road
Overlay District
Village of Rye Brook, New YorkMinimum Lot Area
Maximum Gross Floor Area
Existing Minimum Front Yard Setback
Proposed Minimum Front Yard Setback
20,000 Sq. Ft.
3,796 Sq. Ft.
40 Ft.
60 Ft.
CONSERVATION EASEMENTS STUDY
1
15
0
'
Street
Minimum Setbacks
per Code (typical)
100' Min. Lot Width
2 Story
Residence25'15'
40'
40'
60'
R-15 DISTRICT ON A HYPOTHETICAL LOT
SCENIC ROADS OVERLAY DISTRICT
PROPOSED SETBACKS & BUFFERS IN
35'
Proposed Required
Landscape Buffer
in Scenic Road
Overlay District
Maximum
Building
Footprint
Proposed Front
Setback in
Scenic Road
Overlay District
Village of Rye Brook, New YorkMinimum Lot Area
Maximum Gross Floor Area
Existing Minimum Front Yard Setback
Proposed Minimum Front Yard Setback
15,000 Sq. Ft.
3,222 Sq. Ft.
40'
60'
CONSERVATION EASEMENTS STUDY
2
PROPOSED SETBACKS & BUFFERS IN
Residence
2 Story
12
5
'
R-12 DISTRICT ON A HYPOTHETICAL LOT
Minimum Setbacks
per Code (typical)
Street
100' Min. Lot Width
15'25'
35'
35'
52.5'
SCENIC ROADS OVERLAY DISTRICT
Proposed Required
Landscape Buffer
in Scenic Road
Overlay District
Maximum
Building
Footprint
Proposed Front
Setback in
Scenic Road
Overlay District
35'
Village of Rye Brook, New York
CONSERVATION EASEMENTS STUDYMinimum Lot Area
Maximum Gross Floor Area
Existing Minimum Front Yard Setback
Proposed Minimum Front Yard Setback
12,500 Sq. Ft.
2,935 Sq. Ft.
35 Ft.
52.5 Ft.3
45'
Minimum Setbacks
per Code (typical)
30'
Street
75' Min. Lot Width
13
3
'
Residence
2 Story 10'15'
30'
Maximum
Building
Footprint
SCENIC ROADS OVERLAY DISTRICT
R-10 DISTRICT ON A HYPOTHETICAL LOT
PROPOSED SETBACKS & BUFFERS IN
35'
Proposed Required
Landscape Buffer
in Scenic Road
Overlay District
Proposed Front
Setback in
Scenic Road
Overlay District
Village of Rye Brook, New YorkMinimum Lot Area
Maximum Gross Floor Area
Existing Minimum Front Yard Setback
Proposed Minimum Front Yard Setback
10,000 Sq. Ft.
2,648 Sq. Ft.
30'
45'
CONSERVATION EASEMENTS STUDY
4
10
c. That new development and redevelopment in the Village should be designed so as
to not diminish scenic landscapes and natural areas along these corridors and
throughout the Village and should be reviewed for appropriate design and
compatibility with the goal of the Scenic Roads District by the Architectural
Review Board, Planning Board and Tree Preservation Committee;
d. That preservation of these features, while providing for appropriate development,
can only be achieved by encouraging flexibility in the design of land use and
development projects; and
e. That landscape planning should be an integral component of all subdivision and
site plan reviews.
2. Plan Review within Scenic Roads Overlay District
In order to preserve and enhance the Village’s existing scenic resources, it is
recommended that no new permitted use within any residential, business or commercial
district may be constructed within the Scenic Roads Overlay District without first
obtaining site plan approval from the Board of Trustees. For such instances when
approval by the Board of Trustees is not considered necessary (accessory uses, minor
structures, or minor renovation of existing structures), it must be clearly established that
the use, building or structure will not impact existing trees, historic stone walls or other
natural or man-made features that are protected features and that the use, building or
structure cannot be viewed from any roadway and or public area.
Before granting overlay plan approval, the Board of Trustees should be satisfied that:
a. The structure or alteration is architecturally compatible with surrounding
structures and that the important scenic and natural features of the site will be
preserved.
b. The minimum front-yard setback requirement for all structures, as set forth for the
underlying zoning district shall be increased by a factor of 1.5. Within the setback
a 35-foot wide conservation easement adjacent to and running the length of the
front property line shall be applied for installation or maintenance of protected
landscape planting buffer and the protection of natural or man-made artifacts.
c. The front yard shall be managed by the property owner in a way that preserves
significant existing vegetation, plant specimens, landforms and water features;
nurtures tree planting and other natural landscaping efforts; creates dense
11
landscaping buffers; preserves stone walls or historic architectural features; and/or
ensures the protection of visual buffers.
Where existing trees and vegetation are proposed to be removed, or are damaged
or killed by construction activities, sufficient landscaping and trees will be
installed to mitigate visual impacts and the loss of existing vegetation.
i. Use of native species shall be encouraged.
ii. Landscape and plantings shall be used to screen structures visible from the
road. Trees should be planted in random clusters, not in rows, to
complement the appearance of natural tree stands. The relative heights of
trees at planting should be proportional to their relative heights at maturity.
iii. No cutting of trees exceeding 12 or more inches DBH, in accordance with
Chapter 235 of the Village Code shall be allowed.
d. Existing stone walls, gates, and entrance piers will be preserved and incorporated
into development plans. If new stone walls are to be erected, they will mirror, as
closely as possible, existing masonry, stone type and height.
e. Any new utility equipment installed within a scenic road right-of-way road shall
be adequately screened so as to insure that the character and continuity of the road
is not compromised.
f. Parking areas shall not be located in protected landscape buffers and shall be
placed so as to minimize encroachment upon areas and terrain which have
qualities of natural beauty.
g. Any grading or earth moving operation shall be conducted so that the final, post-
development contours appear to be consistent with pre-development terrain, both
on and adjacent to building sites.
G. Recommendations
We submit the following recommendations to the Village Board of Trustees based upon
our research and analysis, our review of the Village of Rye Brook Zoning Code, and our
professional judgment.
12
1. Amend Chapter 250, Zoning, to add a new Scenic Roads Overlay District to
preserve Anderson Hill Road and King Street (North of the Hutchinson River
Parkway); and
2. Consider applying the Scenic Roads Overlay District to the additional road
sections listed in Table 1, particularly Lincoln Avenue; and
3. Apply conservation easements on a case-by-case basis to properties in the overlay
districts and elsewhere in the Village, from time to time, as deemed appropriate and
necessary by the Village Board of Trustees.
J:\DOCS2\500\RyeBrook\VillageProjects\ZoningCodeAmendments\Environment\Conservation\ConservationEasement
Report\538.138.coneasereport.sea.doc
APPENDIX A – STUDY AREA PHOTOGRAPHS (NOT AVAILABLE IN WEB
SITE VERSION. CONTACT THE VILLAGE HALL FOR THE PICTURES.)
LOCH LANE
BEECHWOOD BLVD
EDGEWOOD DR
MEADOWLARK RDORIOLE PL
HILLANDALE RD
KING STREET
ROCK RIDGE DR
WOODLAND DR
COMELY CT
ACKER DR
KNOLLWOO D DR
CONCORD PL
ARLINGTON DR
BOBBIE LANEROCK RIDGE DR
NORT H RIDG E ST
E AGLES BLUFF
HUTCHINSON RI VER PARKWAY
NORTH RIDGE ST
SLEEPY HOLLOW RD
LOWRIDGE DR
ARBOR DR
BISHOP DRIVE S.
MAGNOLIA DR
LINCOLN AVE
SUNSET RD
WESTCHESTER AVE
PHYLLIS PLACE
JEAN L ANE
BROOK LANE
BLELBTREU LANE
DEER RUN
JENNIFER LANE
LEE L ANE
TERRACE CT
BEACON LANE
BELL PLACE
MAPLE CT
WILTO
N RD
LONG LEDGE DR
H IDDEN POND DR
LINCOLN AVE
PINE RIDGE RD
MOHEGAN LANE
BONWIT RD
CARLTON LANE
TOLCOTT RD
ELM HILL DR
OLD OAK R D
BETSY BROWN RD
TOLCOTT RD
R-15
0
0
0
0
0
R-15
OB-1
R-12
R-20
R-20
R2-F
P.U.D.
R-10
P.U.D.
R-7
OB-1
R-10
OB-2
R-15
H-1
P.U.D.
R-5
H-1
RA-1
C1-P
R-10
R-15A
OB-3
OB-1
C1C1
OB-S
OB-S
R-7
0 200050010001500Feet
Legend
Zoning Districts
Parcel Boundaries
Village Boundary
Scenic Roads Identified in 2000 Vision Plan
Additional Scenic Roads for Consideration
Parks and Open Space
Road Right-of-Way
FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
P:\Projects\500\Rye_Brook_Upzoning\GIS\Production\Projects\village_wide.mxd
Village of Rye Brook
Westchester County, New York
Data Sources: Building Footprints (Village of Rye Brook, as
Amended by FPCA), parcel boundaries (Village
of Rye Brook, 1999, as Amended by FPCA)February 17, 2004
PROPOSED SCENIC ROAD
OVERLAY DISTRICTS
3
57.3
54.9
12.5
44.1
50.2
41.2
41.2
59.3
45
48.2
43.3
47.6
122.7
118.1
38.5
40.2
104.3
112.8
0 20050100150Feet
Legend
Zoning Districts
Village Boundary
Village-Owned Lots
Parcel Boundaries
Building Footprints
Parks and Open Space
Road Right-of-Way
FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
P:\Projects\500\Rye_Brook_Upzoning\GIS\Production\Projects\king_street_setbacks.mxd
Village of Rye Brook
King Street
Westchester County, New York
Data Sources: Building Footprints (Village of Rye Brook, as
Amended by FPCA), parcel boundaries (Village
of Rye Brook, 1999, as Amended by FPCA)February 17, 2004
EXISTING SETBACK
DISTANCES
1
R-20
R-15
K
I
N
G
S
T
R
E
E
T
K
I
N
G
S
T
R
E
E
T
L
I N
C
O L N
A V E
SUNSET RD
WESTCHESTER AVE
P H Y
L L I
S P L A
C
E
J E A N
L A N
E
B R O O K L
A N
E
K
E
N
D
OLIN LANE
D E E R R U N
JENNIFER LANE
L E
E L A N E
T E
R R A
C E C T
B E A C O N L A N E
LIN
C
O
L
N
A
V
E
P I N E R I D G E R D
BONWIT RD
CARLTON LANE
T A L C O T T R D
T A L C O T T R D
58.9
R-10
35.2
76.4
64.5
142.1
35
57.6
112.3
50
30
42.5
31
35
38
84.6
30
31.5
56.3
40.5
72.0
3535
50.3
56.8
102.7
38.1
35.1
132.8
38.8
35
35
32.2
36.2
33.8
30
32.3
43.1
37.2
31.4
30
31.4
32.4
30
30.8
34.2
31.6
30.1
32.2
31.2
38.8
31.4
52.1
37.4
35
35.3
37.1
41.6
36.9
45.1
30
35 35.2
39.4
35
35
30.7
30.1
R-12
H-1
0 300100200Feet
Legend
Zoning Districts
Village Boundary
Parcel Boundaries
Road Right-of-Way
Parks and Open Space
Building Footprints
FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
P:\Projects\500\Rye_Brook_Upzoning\GIS\Production\Projects\lincoln_avenue_overlay.mxd
EXISTING SETBACK
DISTANCES
Village of Rye Brook
Lincoln Avenue Corridor
Westchester County, New York
Data Sources: Building Footprints (Village of Rye Brook, as
Amended by FPCA), parcel boundaries (Village
of Rye Brook, 1999, as Amended by FPCA)February 17, 2004
2
MODEL CONSERVATION EASEMENT
This conservation easement agreement is made this ____day of _________, 2004,
between Grantor’s name having an office Grantor’s address, hereinafter called the “Grantor”,
and the Westchester Land Trust, Inc., a New York not-for-profit corporation with its offices
located at 31 Main Street, Bedford Hills, New York 10507, hereinafter called the “Grantee”.
WHEREAS the Grantor, owner in fee of real property located in the Town of
___________, Westchester County, New York known and designated on the tax map of the
Town of ____________insert tax map information if possible or at least the street location,
comprising approximately # acres, and more particularly described in Exhibit A attached hereto
and incorporated herein by reference, hereinafter known as the “Property”; and;
Attach the legal description of the property subject to the easement. If the easement is on only a
part of a parcel of land which is not subdivided into encumbered and unencumbered portions, a
legal description may need to be created by a survey.
WHEREAS the Grantee is a publicly supported tax exempt nonprofit organization, and a
qualified organization under Sections 501(c)(3) and 170(h) of the Internal Revenue Code of
1986, as amended, and the regulations promulgated thereunder, and is a New York not-for-profit
corporation within the meaning of Article 49, Title 3, of the Environmental Conservation Law of
the State of New York, organized for the purpose, among others, of conserving real property, and
is thereby qualified to be the grantee of conservation easements; and
WHEREAS the Property consists of ...f or example wetlands, woodlands and other
important natural habitat and serves as a buffer to a protected natural area, etc. This
paragraph includes a list of the conservation values of the property, which should reflect the
characteristics and values the Land Trust seeks to protect; and
WHEREAS specific conservation values of note may be set out in separate paragraphs ,
for example, “Whereas the property consists of 10 acres of wetland adjacent to the Reservoir
River which flows directly into New York Reservoir, a surface drinking water source for 12
million people, and provides an important buffer between the adjacent residential land and the
reservoir.” or “Whereas the Property provides habitat for and is a known breeding area for
spotted turtles, a species of concern in Westchester County.”
WHEREAS the conservation values of the property are documented in a Baseline Data
Report dated _________________which is on file in the office of the Westchester Land Trust,
and is incorporated herein by reference, and which includes an inventory of the relevant
conservation values, maps, photographs, reports and other documents that the parties agree
provide an accurate representation of the Property at the time of the execution of this
conservation easement, and which is intended to provide objective baseline information for
purposes of future monitoring and enforcement; and
WHEREAS conservation of the Property, subject to the terms of this easement, will
yield significant benefits to the public by ... Describe the public benefit, such as open space, a
scenic vista, wetland in an important watershed; consider how the easement fits into the
statutory purposes for conservation easements and within the IRS regulations. if the intent is for
the donor to take a charitable deduction ; and
WHEREAS the Grantor desires to donate... Describe what the grantor is giving up such
as development rights, public access to a trail to convey to Grantee the right to preserve and
protect the conservation values described herein by encumbering the Property with a
conservation easement pursuant to the provisions of New York Conservation Law, Article 49,
Title 3; and
WHEREAS the Grantee agrees to accept this conservation easement and to honor the
intentions of the Grantee as stated herein and to preserve and protect the Property in perpetuity
according to the terms of this easement for the benefit of this and future generations.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants terms,
conditions, and restrictions contained herein, the Grantor hereby voluntarily grants and conveys
to Grantee a conservation easement in perpetuity over the Property of the nature and character
and to the extent set forth herein.
1. Purpose. It is the purpose of this easement to... Describe the particular conservation
values of the property that the easement is intended to protect. This should be consistent with
other provisions of the easement, in particular the restrictions imposed. Some examples include:
to protect the scenic view of the Property from ________Road; to ensure the open and natural
character of the property; to protect the wetlands on the property from development; to provide
an opportunity for passive recreation for the public; etc. This easement shall prevent any use of
the property that will impair or interfere with the conservation values of the property by
restricting use of the property as provided herein.
2. Prohibited Uses and Restrictions. Any activity on or use of the property inconsistent
with the purpose of this conservation easement in prohibited. Without limiting the generality of
the foregoing provision, the following restrictions specifically apply to the property;
a. No quarry, gravel pit, surface or subsurface mining or drilling, or other mining or
drilling activities prohibited under applicable provisions of Section 170(h) of the Internal
Revenue Code shall be permitted on or under the Property.
b. No dumping or storage of ashes, non-composted organic waste, sewage, garbage, or
any toxic or offensive materials shall be allowed on the Property.
c. No more than de minimus commercial recreational activities may be conducted on the
Property.
d. Notwithstanding any other restriction contained herein, the owner of the Property (or
any relevant part thereof) or the Grantee may take such actions with respect to the
Property as are necessary to protect the health and safety of the public and the persons
using the Property; provided that if any such action is contrary to a restriction contained
herein, the action shall be limited to the minimum variation necessary to afford the
required protection.
The above restrictions are fairly common in a conservation easement, and are included as
examples of fairly standard provisions. Numbers a. b. and c. are specifically required by IRS
regulatins for easements that will result in charitable deductions from income taxes. For more
in depth discussion, see the introduction to this model easement.
3. Rights Conveyed to Grantee. To accomplish the purposes of this easement, the
following rights are conveyed to the Grantee by this easement.
The following provision can be added to this paragraph if the easement allows the Grantee to
provide public access.
If Grantee elects to exercise any right to enter upon the property other than to monitor for
compliance with the terms of this easement, or to authorize other persons to enter upon the
property, it shall be obligated to obtain appropriate liability insurance against injury and damage
to third parties and shall name the then owner of the Property as additional insureds under that
policy.
The following three paragraphs are standard provisions which need to be included for any
easement that is to be tax deductible.
a. The right to preserve and protect the conservation values of the Property.
b. The right to enter upon the Property at reasonable times in order to monitor
compliance and otherwise enforce the terms of this easement. Grantee shall provide
Grantor or Grantor’s successors, reasonable notice of such entry unless Grantee
determines that immediate entry is required to prevent, terminate or mitigate violation of
this easement.
c. The right to prevent any activity on, incursion into, or use of the property that is
inconsistent with the purposes of this easement, and to require the restoration of such
areas or features of the property that are damaged by any inconsistent activity or use
pursuant to the remedies set forth in section 6 herein.
There may be other rights that are granted to the Grantee by the terms of the easement
that will be listed here. Two possible provisions are given below as examples, but might
be much more specifically drafted to describe the terms under which the Grantee could
exercise these functions.
d. The right, but not the obligation, to construct and maintain hiking trails on the
Property, to cut, remove and plant trees and to maintain and/or improve the wetlands and
other natural habitat on the Property.
e. The right to permit members of the public to have access to the Property, but solely for
passive recreational purposes.
Unless the easement specifies that public access is to be allowed, the right of a property
owner to exclude the public is not disturbed. However it may be advisable to make it a
specific provision if only to make it clear to the Grantor that nothing is being given away
unintentionally.
4. Reserved Grantor’s Rights. Grantor reserves for itself, its assigns, representatives,
and successors in interest with respect to the Property, all rights accruing from its ownership of
the Property, including, without limitation, the right to sell or transfer the Property, as owner,
subject to the restrictions and covenants set forth in this easement; and the right to engage in, or
permit others to engage in, all uses of the property that are not expressly prohibited herein and
are not inconsistent with In addition, any other provision of this easement to the contrary
notwithstanding, Grantor specifically reserves for itself and its successors in interest with respect
to the Property, and they shall enjoy, the following rights with respect to the Property:
This provision will usually be applicable to a conservation easement. It merely notes that the
Grantor is not giving up anything except what the easement says .
Some reserved rights may be specifically listed to make it clear that the Grantor is not giving
them up, and this section may be used to ensure that the Grantor and Grantee have the same
understanding of the activities to be allowed on the Property. For instance, are hiking trails a
compatible use in an easement to protect a fragile ecosystem? Is the construction of a tennis
court or a swimming pool allowed in an easement that prohibits all further development? If the
easement protects residential property from further development, some consideration should be
given to the options to be available if the current buildings are destroyed, or if a new owner
wishes to replace them. Several examples are given below.
a. Grantor reserves the right to construct a swimming pool and a tennis court on the
property for the personal use of Grantor and his invitees. Any such facilities shall be
sited, constructed and landscaped so as to be compatible with the surroundings.
b. Grantor specifically reserves the right to control access to the property except that
specifically granted to Grantee for purposes of monitoring compliance with this
easement, and no right of access to the general public to any portion of the Property is
conveyed by this easement.
This provision, obviously, is only included when no public access is provided for in the
easement.
5. Extinguishment of Development Rights. By this Conservation Easement, Grantor
grants and donates to Grantee all remaining development rights that are now or hereafter may be
allocated to, implied, reserved or inherent in the Property, and all parties agree that all such
development rights are terminated and extinguished as a result of such grant and donation.
If development rights are to be extinguished, this provision should be included. If they are only
partially extinguished, or limited, this section should so state. For instance, a provision could
donate all development rights except right to construct one additional residence on the property.
The specific provisions of the reserved right to either add on to an existing building or build
others would be part of the section on Grantor’s reserved rights. In the alternative, it could be
drafted as part of the section on prohibited uses. Such provisions may specify the location by
creating a building envelope, may limit the square footage of any additional buildings or
additions to existing buildings, or may provide for architectural review in appropriate
situations.
6. Enforcement.
a. Notice. If Grantee determines that a violation of this easement has occurred or is
threatened, Grantee shall give written notice to Grantor of such violation and demand that
corrective action sufficient to cure the violation be taken. Where the violation involves
injury to the property resulting from any use inconsistent with the terms or the purpose of
this conservation easement, Grantee shall demand that Grantor restore the Property to its
prior condition in accordance with a plan approved by the Grantee.
b. Injunctive Relief. If Grantor fails to cure the violation within 30 days after receipt of
notice of a violation from Grantee, or, where the violation cannot reasonably be cured
within a 30 day period, Grantor fails to begin curing such violation within a 30 day
period, or Grantor fails to diligently continue to cure such violation until it is cured,
Grantee may bring an action at law or in equity in a court of competent jurisdiction to
enforce the terms of this easement, to enjoin the violation by temporary or permanent
injunction, and to require the restoration of the property to the condition that existed prior
to any such injury.
c. Damages. Grantee shall be entitled to recover damages for a violation of the terms of
this easement or for injury to any of the conservation values protected by this easement,
including, without limitation, damages for loss of scenic, aesthetic, or environmental
values. Without limiting Grantor’s liability therefore, Grantee may, in its sole discretion,
apply any damages recovered to the costs of undertaking any corrective action on the
Property.
The easement should, at a minimum, provide for the right to sue for restoration, and to
sue for the cost of restoration if the Grantee expends funds on restoring the property as a
result of Grantor’s violation of the terms of the easement.
d. Emergency Enforcement. If Grantee, in its sole discretion, determines that
circumstances require immediate action to prevent or mitigate significant damage to the
conservation values of the Property, Grantee may pursue its remedies under Section 6
without prior notice to Grantors or without waiting for the period for cure to expire.
e. Costs of Enforcement. All reasonable costs of enforcing the terms of this easement
against Grantor, including but not limited to the costs and expenses of legal action,
reasonable attorney’s fees, and any costs involved in the restoration of the Property
resulting from Grantor’s violation of the terms of this easement, shall be borne by
Grantor unless Grantor ultimately prevails in judicial enforcement, in which case each
party shall bear its own costs.
f. Forbearance. Forbearance or delay by Grantee in the exercise of any of its rights to
enforce this easement or to exercise any right granted to it under this easement shall not
be deemed a waiver of such rights or of any of the terms of the easement. Grantors
hereby waive any defense of laches, estoppel or prescription.
g. Acts Beyond Grantor’s Control. Grantee shall have no cause of action under this
easement against Grantor for injury or damage to the property which is beyond Grantor’s
control, including, without limitation, flood, fire, wind, storms, or earth movement, or
from any prudent action taken by Grantor, under emergency conditions, to prevent, abate.
or mitigate significant injury to the Property or adjacent properties from such causes.
Grantor and Grantee may want to consider a provision requiring mediation of any disputes
prior to litigation in addition to the above enforcement procedures. Such a provision could be
inserted in this document at this point.
7. Notices and Approvals. Grantor agrees to give Grantee written notice before
exercising any reserved right, the exercise of which may have an adverse impact on the
conservation interests of this conservation easement. Grantor further agrees to notify Grantee of
any conveyance, lease or transfer of the Property, such notice to be given in writing at least
twenty (20) days in advance of such conveyance, lease or transfer. The failure to give such
notice shall not, however, invalidate the conveyance, lease or transfer. When Grantee’s or
Grantor’s approval is required for any action or activity allowed by this easement to be taken
only with approval, such approval shall be in writing and signed by both parties to this easement
agreement or their successors. Any notice required by this easement shall be deemed given when
received or three days after being mailed by certified or registered mail, return receipt requested,
postage prepaid, properly addressed as follows: (a) if to Grantee, at address set forth above; (b)
if to Grantor, at the address set forth above; (c) if to any subsequent owner, at the address
provided by notice to Grantee of transfer of the property as required by this paragraph. Any
party may change the address to which notices are to be sent to him, her or it by duly giving
notice pursuant to this paragraph.
8. Costs and Liabilities. Grantors shall retain all responsibilities and shall bear all costs
and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the
Property, including the maintenance of adequate liability insurance coverage. Grantor shall
remain solely responsible for obtaining any applicable governmental permits and approvals for
any construction or other activity or use permitted by this easement, and all such construction
and other such activity or use shall be undertaken in accordance with all applicable federal, state,
and local laws, regulations, and requirements. Grantor shall keep the Property free of all liens
arising out of any work performed for, materials furnished to, or obligations incurred by Grantor.
Some easements provide for the Grantee to have a very active role in managing the property,
such as allowing the Grantee to provide for public access and develop trails and other
recreation facilities on the Property. In that case, a provision would be drafted partitioning the
responsibilities described above in an appropriate fashion.
9. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges
of whatever description levied on or assessed against the Property by competent authority,
including any taxes imposed upon, or incurred as a result of, this easement, and shall furnish
Grantee with evidence of such payment upon request.
10. Representations and Warranties. Grantor represents and warrants that, after
reasonable investigation and to the best of its knowledge:
a. No substance defined, listed, or otherwise classified pursuant to any federal, state, or
local law, regulation, or requirement as hazardous, toxic, or polluting, or otherwise
contaminating to the air, water, or soil, or in any way harmful or threatening to human
health or the environment exists or has been released, generated, treated, stored, used,
disposed or, deposited, abandoned, or transported in, on, from, or across the Property;
b. There are not now any underground storage tanks located on the Property, whether
presently in service or closed, abandoned, or decommissioned, and no underground
storage tanks have been removed from the Property in a manner not in compliance with
applicable federal, state, and local laws, regulations, and requirements;
c. Grantors and the Property are in compliance with all federal, state, and local laws,
regulations and requirements applicable to the Property and its use;
d. There is no threatened or pending litigation in any way affecting, involving, or related
to the Property;
e. No civil or criminal proceedings or investigations have been instigated at any time or
are now pending, and no notices, claims, demands, or orders have been received, arising
out of any violation or alleged violation of, or failure to comply with, any federal, state,
or local law, regulation, or requirement applicable to the Property or its use, nor do there
exist any facts or circumstances that the Grantors might reasonable expect to form the
basis for any such proceedings, investigations, notices, claims, demands, or orders; and
f. If at any time there occurs, or has occurred, a release in, on, or about the Property of
any substance now, or hereafter defined, listed, or otherwise classified pursuant to any
federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or
otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to
human health or to the environment, Grantor agrees to take all steps necessary to assure
its containment and remediation, including any cleanup that may be required, unless the
release was caused by the Grantee, in which case the Grantee shall be responsible
therefore.
Grantee should seriously consider requesting a “Phase I” environmental audit as part of the
baseline data report. The importance placed on this depends on the characteristics of the
property which is to be subject to the easement.
11. Amendment. This conservation easement may be amended upon the written
consent of Grantee and Grantor; provided that no amendment may alter the restrictions on use or
permitted structures, nor shall it allow subdivision that is inconsistent with the purposes of this
conservation easement, nor shall it in any way limit the perpetual duration of this easement. Any
such amendment, variance or waiver shall be consistent with the basic purposes of this
conservation easement and shall comply with Article 49, Title 3, of the Environmental
Conservation Law, and Section 170(h) of the Internal Revenue Code. Any such amendment,
variance or waiver that does not comply with Article 49 or Section 170(h) shall be void and of
no force or effect. Any amendment shall be in writing and shall be recorded in the official
records of the County of Westchester, State of New York.
12. Recordation. Grantee shall record this instrument in a timely fashion in the official
records of Westchester County, New York State, and may re-record it at any time as may be
required to preserve its rights in this easement.
13. Assignment. Grantee’s rights and obligations under this conservation easement may
be assigned only to an organization that is a qualified organization under Section 170(h) of the
Internal Revenue Code (or any successor provision then applicable) and is a not-for-profit
conservation corporation or other entity authorized to take title to a conservation easement under
New York Environmental Conservation Law, Article 49, Title 3, and which agrees to continue to
carry out the conservation purposes of this conservation easement. Any assignee other than a
governmental unit must be an entity able to enforce this conservation easement, having purposes
similar to those of Grantee and which encompass those of this conservation easement. Grantee
agrees to provide Grantor notice of any assignment pursuant to paragraph 7 herein, 20 days prior
to any assignment. Failure to provide such notice prior to assignment shall not affect the validity
of the assignment, nor shall it impair the validity of this easement or limit its enforceability in
any way.
The Grantor may want to specify assignment to a specific third party in the event that the
Grantee ceases to exist or is unable to continue to carry out its responsibilities under this
easement. In that case, the easement should be signed by the 3rd party, and that organization
should be provided with a copy of the baseline data file, and the land trust may want to consider
providing regular status report.
14. Subsequent transfers. Any subsequent conveyance of any interest in the Property,
including, without limitation, transfer, lease or mortgage, shall be subject to this conservation
easement, and any deed, lease, mortgage or other instrument evidencing or effecting such
conveyance shall contain language substantially as follows: "This [conveyance, lease, mortgage,
easement, etc.] is subject to a Conservation Easement which runs with the land and which was
granted to the Westchester Land Trust, Inc., by instrument dated __________, 1996, and
recorded in the office of the Clerk of Westchester County at Liber ___ of Deeds at Page ___."
The failure to include such language in any deed or instrument shall not affect the validity or
enforceability of this conservation easement.
The baseline data on the property should include a title report which will include information
about any encumbrances on the Property as of the time the easement is executed. If there is an
existing mortgage, it must be subordinated to the easement if the easement is to be deductible.
15. Binding Effect. The provisions of this conservation easement shall run with the
Property in perpetuity and shall bind and be enforceable against the Grantor and all future
owners and any party entitled to possession or use of the Property or any portion thereof while
such party is the owner or entitled to possession or use thereof. As used in this conservation
easement, the term "owner" includes the owner of any beneficial equitable interest in the
Property or any portion thereof; the term "Grantor" includes the original Grantor, his, her or their
heirs, successors and assigns, all future owners of all or any portion of the Property, and any
party entitled to possession or use thereof; and the term "Grantee" includes the original Grantee
and its successors and assigns. Notwithstanding the foregoing, upon any transfer of title, the
transferor shall cease being a Grantor or owner for purposes of this conservation easement and
shall have no further responsibility or liability hereunder for acts done or conditions arising
thereafter, but the transferor shall remain liable for earlier acts and conditions. The obligations
imposed on Grantor by this agreement shall be joint and several.
16. Extinguishment. If circumstances arise in the future that make the purpose of
this easement impossible to accomplish, and if this Easement or any of its restrictions are
extinguished by judicial proceeding, then, upon any subsequent sale, exchange or involuntary
conversion by the Grantor, the Grantee shall be entitled to that portion of the proceeds equal to
the proportionate value of the conservation restrictions as provided immediately below. For such
purposes only, Grantor agrees that the donation/conveyance of this Conservation Easement to
Grantee gives rise to a property right, immediately vested in Grantee, with a fair market value
that is equal to the proportionate value that the conservation restrictions hereby created at the
date hereof bears to the value of the Property as a whole at the date hereof (subject to reasonable
adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any
improvements which may hereafter be made on the Property). Grantee agrees to use its share of
such proceeds in a manner consistent with the conservation purposes of this conservation
easement.
17. Condemnation. If all or any part of the property is taken by the exercise of the
power of eminent domain, or acquired by purchase in lieu of condemnation, whether by public,
corporate, or other authority, so as to terminate this easement, in whole or in part, Grantor and
Grantee shall act jointly to recover the full value of the interests in the Property subject to the
taking or in lieu purchase and all direct or incidental damages resulting therefrom. All expenses
reasonably incurred by Grantors or Grantees in connection with the taking or in lieu purchase
shall be paid out of the amount recovered. Grantee’s share of the balance of the amount
recovered shall be determined by multiplying that balance by the ratio set forth in paragraph 16.
18. Further Acts. Each party shall perform any further acts and execute and deliver any
documents, including amendments to this conservation easement, which may be reasonably
necessary to carry out its provisions or which are necessary to qualify this instrument as a
conservation easement under Article 49, Title 3, of the Conservation Law or any regulations
promulgated pursuant thereto.
19. Severability. Invalidation of any provision of this conservation easement by court
judgment, order, statute or otherwise shall not affect any other provisions, which shall be and
remain in force and effect.
20. Interpretation. This instrument is intended to create a "qualified real property
interest" for "conservation purposes," as defined in Section 170(h) of the Internal Revenue Code,
and shall be interpreted consistently with such intention. In the event any provision has been
omitted from this instrument which is necessary to qualify the interest hereby granted as such a
"qualified real property interest" for "conservation purposes", such provision shall be deemed
incorporated herein to the extent necessary to cause the interest hereby granted to be so
qualified.
IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year
written above.
GRANTOR:________________________________________
If signed by an individual for a partnership or corporation, the persons name and title. Make
sure the person signing has the authority to encumber the property.
GRANTEE: The Westchester Land Trust, by____________________________
Signatures need to be acknowledged and notarized.
Source: 2004. Westchester Land Trust. http://www.westchesterlandtrust.org/preserveyourland/model.html
J:\DOCS2\500\Rye Brook\Village Projects\Zoning Code Amendments\Environment\Conservation\Conservation Easement
Report\538.138.APPENDIX C.sea.doc
1
DRAFT
A Local Law to amend
Chapter 250, Zoning, of
the Code of the Village of
Rye Brook
BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as
follows:
1. The following text shall be added to Chapter 250 of the Zoning Code to
read as follows:
* ___ Purpose.
The Scenic Roads Overlay District is hereby established for the purpose of
preserving the Village of Rye Brook’s historic resources, stone walls, other
natural features, and views from its roadways and other public areas by
guiding new development away from those areas and onto lands which are
not as scenic and historically significant. The view experienced from these
areas contributes significantly to the overall rural character of the Village,
an attribute the community seeks to preserve and enhance while
accommodating growth and change.
2
* ___ Objectives.
Where development occurs in sensitive scenic areas, the Village wishes to
assure that such development is consistent with the objective of maintaining
the existing scenic character of such areas to the greatest extent practicable.
Specifically, the Village finds:
1. That the character of scenic roads is a critical feature of the
Village of Rye Brook whose preservation enriches and benefits
the quality of life experienced by its residents;
2. That it is desirable to protect and preserve scenic views as well as
sensitive natural features on the Scenic Roads including, but not
limited to, stone walls, geological formations, historical
architectural artifacts and significant vegetation;
3. That new development and redevelopment in the Village should
be designed so as to not diminish the scenic landscapes and
natural areas along these corridors and should be reviewed by the
Architectural Review Board, Planning Board and Tree
Preservation Committee;
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4. That preservation of these features, while providing for
appropriate development, can only be achieved by encouraging
flexibility in the design of land use and development projects;
5. That landscape planning should be an integral component of all
subdivision and site plan reviews.
* ___ Authority
Pursuant to Article Two, Section 10 of the New York State Municipal
Home Rule Law and the Village of Rye Brook Vision Plan, the Village of
Rye Brook hereby enacts a Scenic Roads Overlay District.
* ___ Zoning District Map
The location and boundaries of the Scenic Roads Overlay District are set
forth on the Zoning District Map, Village of Rye Brook. Said map, together
with all explanatory matter thereon and all amendments thereto, is hereby
adopted and declared to be a pertinent part of this Chapter. Said map shall
be kept up to date and shall be on file in the Village Clerk’s office for the
use and benefit of the public.
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*____ Overlay Plan Review
1. No new permitted use within any residential, business, or commercial
district may be constructed within the Scenic Roads Overlay District
without approval of the Village Board of Trustees. However, all
accessory uses, building or structure shall be first referred to the
Building Inspector. Upon review of the Building Inspector, he may
grant approval of the structure, grant conditional approval of the
structure, or forward the application to the Village Board of Trustees for
review and referral to the Planning Board. The Building Inspector may
only grant approval or conditional approval for applications that are
deemed to not have an impact upon stone walls or other natural features
and cannot be viewed from any public roadway and/or other public area;
for all other applications, the Building Inspector shall refer the
application to the Board of Trustees for review.
a. In order to grant overlay plan review approval for a proposed
structure, the approving authority must find that such structure or
alteration is architecturally compatible with surrounding
structures and that the important scenic and natural features of
the site will be preserved.
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b. To the maximum extent practicable, all structures to be built on a
tract of land that includes land within the Scenic Roads Overlay
District shall be sited and clustered on the land in such a way as
to avoid occupying or obstructing views of land in this District.
One method by which the Village can achieve these objectives is
through the establishment of a conservation easement on a
portion of the subject property to be developed.
2. Properties within any residential, business, commercial or
industrial district with existing structures and buildings shall not be
precluded from applying conservation easements to undeveloped
portions of such properties provided that the property for which the
easement is sought contributes to the preservation of the Village’s
historic or scenic resources or natural features.
*___ Criteria for Designation.
The additional regulations set forth below supplement, but do not replace, the use
and bulk regulations otherwise applicable to the underlying zoning districts
except that in all residential districts the front yard Height/Setback Ratio shall not
apply for the underlying zoning district.
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a. The structure or alteration shall be architecturally compatible with
surrounding structures and the important scenic and natural features
of the site shall be preserved.
b. The minimum front yard setback requirement for all structures, as
set forth for the underlying zoning district shall be increased by a
factor of 1.5.
c. A conservation easement shall be placed on an area 35’wide,
measured from the front property line and running the length of the
lot frontage that shall remain as a vegetative buffer.
d. The 35’ front yard buffer shall be managed by the property owner in
a way that preserves significant existing vegetation, plant specimens,
landforms and water features; nurtures tree planting and other
natural landscaping efforts; creates dense landscaped buffers;
preserves stone walls; and/or ensures both the protection of visual
buffers.
Where existing trees and vegetation are proposed to be removed,
sufficient landscaping and tree planting will be undertaken to
mitigate visual impacts and the loss of existing vegetation.
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i. Use of native species shall be encouraged.
ii. Landscape and plantings shall be used to screen structures
visible from the road. Trees should be planted in random
clusters, not in rows, to complement the appearance of natural
tree stands. The relative heights of trees at planting should be
proportional to their relative heights at maturity.
iii. No cutting of trees exceeding 12 or more inches DBH, will be
permitted in accordance with Chapter 235 of the Village
Code.
e. Existing natural and constructed features, including but not limited
to, rock outcrops, stone walls, gates, and entrance piers will be
preserved and incorporated into development plans. If new stone
walls are to be erected, they will match, as closely as possible,
existing masonry, stone type and wall heights.
f. Any new utility equipment installed within the designated road shall
be properly screened so as to insure the character and continuity of
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the road is not compromised in accordance with proposed Local Law
# ____-2004, Section 215-5.
g. Parking areas shall not be located within the 35’ buffers and shall be
placed so as to minimize encroachment upon areas and terrain which
have qualities of natural beauty.
h. Any grading or earth moving operation is to be conducted so that the
final, post-development, contours appear to be consistent with the
pre-development terrain, both on and adjacent to building sites.
Within the 35’ landscape buffer, existing grade shall not be altered.
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