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2004 Land Conservation Easements and Gifts of LandLAND CONSERVATION EASEMENTS GIFTS OF LAND TO THE CITY OF SHOREWOOD POLICIES AND PROCESSES FOR ACCEPTANCE BY THE CITY Purpose The City of Shorewood is a community that is fortunate to have an abundance of natural amenities. Lakes, ponds, wetlands, woods, and open landscapes are fotimd throughout Shorewood. These elements of natural landscape are important to the character of Shorewood, and the City encourages landowners to protect the natural heritage in our community. In 2000, the City established a Land Conservation and Environment Committee, and charged it with identifying significant, undeveloped natural areas. In its final report, the LCEC underscored the benefits of the natural landscape regardless of its status as developed or not. It recommended that the City Council encourage private landowners to grant conservation easements or to make gifts of land to the City. Such easements or gifts likely will be portions of properties, rather than entire parcels. Policies and processes are described below to evaluate the suitability of land to be accepted by the City through easement or gift. Site Characteristics The land to be considered must protect, or enhance the protection of, water features, landforms, wildlife habitat, plant communities, scenic landscapes, or public properties. These lands include: • Lakes, ponds, and streams • Wetlands • Steep slopes • Erodible soils • Wooded areas • Open meadows • Natural habitats • Vistas of undeveloped land • Lands adjacent to City parks, publicly -owned or — protected open spaces C oa 0 PRINTED ON RECYCLED PAPER City of Shorewood Acceptance of Land Conservation Easements and Gifts of Land Policies and Processes Page 2 Conservation Easement A conservation easement is a set of restrictions a landowner voluntarily places on his/her property in order to preserve its conservation values. The conservation values of the property and the restrictions created to preserve those values, along with the rights reserved by the landowner, are detailed in a legal document known as a conservation easement. The City is qualified to hold and enforce a conservation easement. The City will consider acceptance of a conservation easement with the following conditions: • The easement area has at least one of the site characteristics described above. • The minimum dimension of the easement averages at least 25 feet, or has a coverage of at least 2,500 square feet (approximately 0.05 acre) • The easement area does not result in a deficiency on the property in terms of conformance to the City's development and zoning regulations. • The easement area does not render the property undevelopable in terms of conformance to the City's development and zoning regulations. • The easement area is clear of financial and tax liens. • The easement area is clear of or has an acceptable presence of hazardous materials. • Activities that might interfere with the conservation purpose of the easement are appropriately limited and identified. • The easement is consistent with the goals and policies set forth in the Conservation Open Space Plan for the City of Shorewood (the most recent being dated March 2003). • The easement is perpetual. Depending on circumstances and available funds, the City may undertake and pay for the environmental review and land survey of the site, the preparation of legal documents, and the recordation of the easement. Gifts of Land A landowner may wish to convey property to the City as a gift. The City, of course, must agree to accept such a gift, and will consider acceptance with the following conditions: • The property has at least one of the site characteristics described above. • The property is an entire parcel. • A property boundary survey, title search, and environmental hazard assessment are performed. • The land is clear of financial and tax liens. • The City has the capacity to manage and maintain the property. • Public ownership of the property and any conditions in the gift are consistent with the City's Comprehensive Guide Plan designation for it. Depending on circumstances and available funds, the City may undertake and pay for the environmental review and land survey of the site, the preparation of legal documents, and the recordation of the property deed. Adopted by the City Council July 12, 2004 10 TO: City Council FROM: Craig W. Dawson, City Administrator DATE: July 8, 2004 ' SUBJECT: Policies and Processes regarding Acceptance of Land Conservation Easements and Gifts of Land As a follow -up on the work of the Land Conservation and Environment Committee staff has developed proposed policies and processes regarding the acceptance of land conservation easements and gifts of land. The proposed policies and processes have been adapted from other cities, the Minnesota Land Trust, and the Trust for Public Land. The City Council has discretion, of course, to accept any such easement or gift of land. The proposed policies and processes set the City's minimum expectations for donors /grantors, and give the City flexibility within them for individual cases. The City Council reviewed the draft of this document at its June 28 work session, and indicated no revisions were necessary. It is presented again for formal adoption by the Council. RECOMMENDATION Staff recommends that the City Council adopt the Policies and Processes for Acceptance of Land Conservation Easements and Gifts of Land to the City of Shorewood.