§ 25-4. Standards.

A. 

All conservation easement proposals accepted by the County Legislature pursuant to § 25-3D of this chapter shall be reduced to a written agreement in a form acceptable to the County Department of Law, but, at a minimum, should meet the following standards:

(1) 

In the case of agricultural land used for agricultural production, as defined in § 301 of the New York Agriculture and Markets Law, the grantor shall agree that the land under the easement will not be developed, built upon or otherwise changed during the term of the conservation easement, except that agricultural operations shall be permitted.

(2) 

In all other cases, the grantor shall agree that the land under the easement will not be developed, built upon or otherwise changed during the term of the conservation easement, except that bona fide conservation measures may be permitted pursuant to a conservation management plan approved by the Board.

(3) 

Land covered by a conservation easement may be sold. The terms and conditions of the conservation easement shall constitute covenants that shall run with the land and shall continue in full force and effect during the entire term of the conservation easement.

(4) 

A conservation easement may not be alienated by the County except by charter law subject to mandatory referendum.

(5) 

Conservation easements shall have minimum terms of five years. There shall be no maximum term, and conservation easements may be perpetual in duration.

(6) 

Conservation easements shall contain third-party-enforcement rights.

B. 

Where the parcel covered by the conservation easement contains a principal dwelling or other buildings and structures, said dwelling, buildings or structures shall be excepted from the conservation easement.