Chapter 18.05
CONSERVATION EASEMENTS
Sections:
18.05.020 Role of the plan commission in conservation easements.
18.05.030 Acquisition of conservation easements.
18.05.040 Alienation of acquired interests.
18.05.050 Conflict of interest.
18.05.060 Amendment or repeal.
18.05.010 Definitions.
In this chapter:
“Board” means the town of Richmond board of supervisors.
“Commission” means the town of Richmond plan commission.
“Conservation easement” means a holder’s nonpossessory interest in real property within the town of Richmond imposing a limitation and/or an affirmative obligation the purpose of which includes protecting viable farm operations, farmland, wood lot, wetland, and other appropriate property to maintain the rural character of the town of Richmond. This will include preserving scenic vistas and environmentally significant areas, including wetlands, lakes, streams and wood lots, creating and preserving significant environmental areas and agricultural areas, protecting the town of Richmond from overdevelopment and preserving encroachment of neighboring cities and villages, restricting land divisions, retaining or protecting natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, and preserving the historical, architectural, archaeological or cultural aspects of real property. In a poll of every land owner in the town in 2007, maintaining the rural and agricultural nature of the township was a goal repeated in almost every response, and this chapter is part of the plan to meet that goal.
“Conservation interest” means a holder’s interest in a conservation easement, a third-party right of enforcement in a conservation easement or fee title interest in real property.
“Holder” means the town of Richmond. [Ord. 2008-002 § 1.]
18.05.020 Role of the plan commission in conservation easements.
The town plan commission may, at the direction of the town board, do the following:
(a) Recommend selection criteria and may recommend the acquisition of interests in specific parcels of real property to be acquired by the town for rural preservation purposes.
(b) Recommend expending of funds for costs associated with the purchase or acceptance of donated holders’ interests in conservation easements as defined, respectively, in Wis. Stats. Sections 700.40(1)(b) and (1)(c).
(c) Recommend the appropriation and expenditure of funds for the purchase of land for the purpose of rural preservation. The commission may recommend such conditions and restrictions on the appropriation as necessary and appropriate to protect the town’s interests in rural preservation.
(d) Recommend changes to the conservation easement program and suggestions as to how the acquisition program may be integrated with the town of Richmond’s land use plan and other local and regional land use plans.
(e) Make application for grants, gifts and other sources of funding to the public, governmental agencies at the state and federal level; and private land conservancy organizations for the purpose of purchasing conservation easements. [Ord. dated 8/19/2014 § 1; Ord. dated 8/15/2013 § 2(a – i); Ord. 2008-002 § 2.]
18.05.030 Acquisition of conservation easements.
The town board is authorized to acquire conservation interests in real property in the town of Richmond’s name for the purpose of rural preservation as provided herein.
(a) Conservation Easement Purchases. The board may expend funds for costs associated with the purchase or acceptance of donated holders’ interests in conservation easements as defined, respectively, in Wis. Stats. Sections 700.40(1)(b) and (1)(c).
(b) Land Purchases. The board may appropriate and expend funds for the purchase of land for the purpose of rural preservation. The board may attach such conditions and restrictions on the appropriation as the board considers necessary and appropriate to protect the town’s interests in rural preservation.
(c) Voluntary Conveyances. The board may acquire by purchase or donation conservation interests only from willing owners and may not exercise its power of eminent domain to acquire such interests.
(d) Indirect Costs. In addition to the purchase price therefor, the board may expend funds for the payment of indirect costs associated with the conduct of the program, including costs of administration and acquisition of conservation interests, including but not limited to survey costs, title evidence, attorneys’ fees, appraisers’ fees, environmental assessments, transfer taxes and recording fees.
(e) The terms of conservation easements obtained pursuant to this chapter shall provide that the easements are not assets of the town of Richmond and are not subject to adjustment under Wis. Stats. Section 66.0235, in the event the land subject to the easements is annexed by a city or village. [Ord. dated 8/15/2013 § 2(j); Ord. 2008-002 § 3.]
18.05.040 Alienation of acquired interests.
Except where the intention to reconvey a conservation interest is expressly provided for in the board’s authorization to acquire such interest, no conservation interest acquired by the town under the provisions of this chapter shall thereafter be alienated, unless all of the following conditions have been met:
(a) The board has conducted at two annual town meetings (in different years) a public hearing for the purpose of considering the proposed alienation. The person, agency or transferee proposing this alienation shall have the affirmative duty to notify each and every property owner in writing by U.S. mail, not more than 30 and not less than 10 days before the annual town meetings of the agenda.
(b) A resolution in support of the proposed alienation is adopted by unanimous affirmative vote of every resident in attendance at both town annual meetings.
(c) A resolution in support of the proposed alienation is adopted by unanimous affirmative vote of the members of the town board after both town annual meetings. [Ord. dated 8/15/2013 § 2(k); Ord. 2008-002 § 4.]
18.05.050 Conflict of interest.
No person may participate in any deliberation of the plan commission or of the town board in the consideration or determination of any expenditure under this chapter in which the person, a member of the person’s family, or an organization with whom the person is affiliated has a financial interest. [Ord. 2008-002 § 5.]
18.05.060 Amendment or repeal.
This chapter may be amended or repealed only by unanimous affirmative vote of the board following a public hearing and approval by unanimous affirmative vote of all town residents in attendance at the next annual town meeting. [Ord. 2008-002 § 6.]