§ 25-3. Procedure to obtain easement.  


Latest version.
  • A. 
    Any owner or owners of real property located and situated within the County of Suffolk may submit a proposal to the Board and Department for the granting of a conservation easement. Such proposal shall be submitted in such manner and form as may be prescribed by said Board and shall include a survey map and a metes-and-bounds description of the proposed area to be granted as such an easement.
    B. 
    Review by Board. Upon receipt of such proposal, the Board shall investigate, or cause to be investigated by the Department, the area to determine if the proposal would be of benefit to the people of the County of Suffolk. The Department may also negotiate the terms and conditions of the offer if requested to do so by the Board. If the Board determines that it is in the public interest to accept such a proposal, it shall recommend to the County Legislature that it hold a public hearing for the purpose of determining whether or not the County should accept such proposal.
    C. 
    Public hearing by Legislature. The County Legislature shall, within 45 days after receipt of such recommendation, hold at least one public hearing concerning such proposal. At least five days' notice of the time and place of such hearing shall be published in the official newspapers of the County of Suffolk. A copy of said notice shall also be posted in each of the offices of the Suffolk County Clerk and the Clerk of the County Legislature.
    D. 
    Determination. The County Legislature, after receiving the reports of the Board and after such public hearing as is required by Subsection C of this section, may adopt the proposal or any modification thereof it deems appropriate or may reject the proposal in its entirety.
    E. 
    Recording agreement. If such proposal is adopted by the County Legislature, the agreement granting the conservation easement shall be executed by the owner or owners in written form and in a form suitable for recording in the Suffolk County Clerk's office.