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One Town Hall Plaza | Clifton Park, NY 12065 | (518) 371-6651 |
Key Tools And Current Options
for Landowners Interested in Conservation
Town of Clifton Park Planning
Department
John Scavo, Jr., Director
Email: Send an email
Jennifer Viggiani, AICP, Open Space Coordinator
Email: Send an email
Town Supervisor 371-6651
Open Space Coordinator: (518) 371-6054
Fax: (518) 371-1136
Hours: M-F 9:00 AM - 5:00 PM
The Town of Clifton Park is willing to enter into negotiations
with any large landowner that wants to permanently
protect their parcel. Below is a brief description of the key
options as a starting point for individual conversations.
Please feel free to contact the town at any time.
I. What Landowners Can Do to Reduce their Property Tax Burdens and
Be Able to Continue to Farm and Maintain their Lands:
Agricultural Districts Law: Eligible landowners have the option to
enroll their lands in the local Agricultural District to gain the
benefits of reduced property tax bills for land in agricultural
production. Agricultural production lands are assessed at their
agricultural assessment value. Landowners must file an application
with the Town Assessor to receive the agricultural assessment, and
then renew on an annual basis. Eligibility is related to gross sales
and acreage. Land within Agricultural Districts is encumbered for
five years or subject to payment for conversion to non-agricultural
use.
Property Tax Relief: (See Town Assessor for Qualifying)
- Agricultural Assessment.
Lands outside an Agricultural District may qualify for and receive
an agricultural assessment, but these lands must be enrolled for
eight years.
Note: rented land can qualify for agricultural assessment
NEW: Newly Established Farm Operations may qualify with seven
acres or in some cases with less acreage depending on annual gross
sales value. Also new: the definition of eligible livestock has been
expanded to include wool-bearing animals.
- Farm Building Tax Exemption.
This is an additional property tax benefit program under Real
Property Tax Law 483, 483-a, 483-b, 483-c. Landowners should see the
Tax Assessor for qualifying for this program.
- “Term” Conservation Easements.
The Town of Clifton Park has an existing local Conservation Easement
Law allowing the town to accept or obtain easements, including
allowing for reduced assessments for landowners that agree to not
develop their lands for a minimum term of 15 years. Landowners apply
for property
tax relief directly through the town tax assessor. A penalty must be
paid for early withdrawal.
Eligibility: need minimum acreage
Valuation: once enrolled, property is valued on reduced
future use of the land during the term. Term Duration minimum of 15
years of no development, and there is no maximum term. …
Several options: Agricultural term conservation easement,
Open space term conservation easement, Historic resource term
conservation easement,
Farmer’s School Property Tax Credit – Income Tax Relief
II. What Landowners Can Do to Protect their Lands in a Permanent Way
for Future Generations:
Please contact the Open Space Coordinator at 371-6054 to answer any
private, individual questions at any time. If interested in working
with the town to explore options, please contact us for an
application form to get started.
Sale of Land In “Fee” (Sale of Land Outright)
Landowners may wish to sell whole or partial parcels and no longer
own the land.
Sale of Development Rights (Interest in Land) – Agreement to
a Permanent Conservation Easement
This may be the preferred option for families and landowners who
wish to keep farming or open space, and to retain private ownership
of their lands. The land may be sold and transferred, but the
permanent conservation easement goes with the title. The holder of
the easement retains the right to enforce the easement and to ensure
future owners comply. This option involves the private
landowners obtaining fair compensation for the sale of the
development rights (and the agreement to a permanent conservation
easement on the subject lands.) The conservation easement
language would spell out exactly what is allowed on the lands and
clearly state the permanent development limitations.
The conservation easement may be established for different
purposes:
- Agricultural conservation easement – that supports farming uses
and activities
- Open space conservation easement
- Trail easement.
“Bargain Sale” for Purchase of Development Rights OR for Land
Acquisition.
Landowners should consult with their own financial advisors and
attorneys to see if a “Bargain Sale” may be beneficial to their
unique financial situation. In some cases, families and landowners
who have owned their land a long time may be faced with substantial
capital gains taxes at the time of any sale of land or interests.
Selling land or interests at a lower price than the appraised price
may potentially mean a reduced payment on capital gains taxes.
Donation of development rights or land outright (Landowners
may benefit from a tax perspective, depending on individual
situations.)
III. Achieving Resource Conservation through the Development
Process Conservation Residential Zoning District (CR).
- Development capacity is now one acre per three developable acres.
- CR zoning allows for FLEXIBILITY in lot sizes, and other standards
that was not previously allowed in typical cluster zoning. Allowing
for this
flexibility may mean substantial cost savings in constructing all
types of infrastructure.
- Conservation-Based Design for New Subdivisions in the CR Zoning
District. A detailed analysis of the parcel’s unique features is
required in the
Conservation Residential (CR) as the first step before showing a
layout of the proposed houses and roads. This is a new enhancement
that varies from “cluster” development.
- CR zoning requires the creation of 50% open space for subdivisions
created in this zone. NOTE: Agricultural and forestry uses are
allowed
uses on the permanent open space created in conservation
subdivisions. Potentially there could be opportunities for
local or regional farmers to utilize these lands.
Use/ Application of the Western Clifton Park Design Guidelines.
Where development occurs in Western CP, it should be designed to
conserve the unique features of the setting. The Design Guidelines
are available at the planning dept. Open Space Incentive
Zoning. An option for landowners within CR, HR and HM Zoning
Districts in Western Clifton Park to achieve density bonuses in
exchange for providing additional open space protection
Protections in Town Code, Town Zoning and Subdivision Laws
Town Right-to-Farm Law - Chapter 102 (1996): includes
Notice to Prospective Neighbors under town law section 2376.
Site plans and subdivision plans must include a written notification
on the plans.
Funding Opportunities for Conservation
Saratoga County – annual grant program for Open Space and Farmland
Protection. Next Round of grant applications due June 1, 2006
State – a number of grant programs for farmland and open space,
parks, trails and waterfronts
Federal – farmland and farming programs; parks grant programs;
trails funding as part of transportation project funding; etc.
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