The town of Signal Mountain appointed a working group to put together a conservation easement to protect certain of the town's park lands.
The members of the Conservation Easement Working Group would like to respond to concerns and comments raised about the town’s efforts to protect certain park land from residential or commercial development by granting a conservation easement to the Land Trust for Tennessee.
What is a conservation easement?
A conservation easement is a voluntary legal agreement between a landowner and a non-profit land preservation organization to conserve and protect land for future generations. The Land Trust would be responsible for making sure that the land is never developed for residential or commercial purposes.
Isn’t much of this land already protected by easements?
None of the parcels in question are currently protected by easements. Several of the parcels were donated to the town with the understanding that the land would remain undeveloped in perpetuity. However, at that time, the conservation easement tool was not available. The conservation easement does not preclude a Town Council from selling any of this parkland. But once the easement is in place, the land will be protected from development regardless.
Has the Council considered other means of protecting these lands?
Annette Allen gave the first public presentation on this issue at the May 9, 2011 regular Town Council meeting. After additional presentations and public debate, the Council deferred a vote on the issue on March 2013 to explore alternative means of protection suggested by several citizens. The inadequacies of the alternatives were discussed at the regular April 8, 2013 meeting and the Council voted to move ahead and begin negotiations with the Land Trust for Tennessee.
How were members of the CEWG selected?
A request for applications to serve on the CEWG was published for three weeks in the Community News. Seven members applied and each was appointed unanimously at a regular Town Council meeting on June 10, 2013.
Have the CEWG’s meetings been open to the public?
The CEWG has advertised and held public meetings at the Town Hall since its formation. Minutes were kept and are on-file at the Town Hall. In the past year and a half, nine articles discussing the issue of parkland protection have appeared in the Community News. Citizens have provided input at Town Council meetings and to CEWG members as well. The issue has been discussed at seven regular Town Council and Council agenda sessions. All meetings have been advertised and open to the public.
Has the CEWG sought public input on the proposed easement?
On March 12 and 13, 2014 the public was invited to an open house at the Town Hall to review the proposed easement, ask questions, and provide comments to the CEWG. This two-day opportunity was publicized in “Council Notes” twice and in the Community News. Almost 30 informational fliers were posted around town encouraging citizens to attend.
Has the public expressed support of the easement?
A majority of the citizens who attended the meetings supported the Conservation Easement. Three citizens offered recommendations for changes to the proposed easement, which were reviewed by the CEWG at a follow-up meeting on April 2, 2014. After a thorough discussion and some revision, the CEWG voted to turn the document over to Town Attorney Phil Noblett and the attorneys at the Land Trust for Tennessee.
Does the Land Trust hold easements for other governmental entities?
The Land Trust of Tennessee holds easements on nine properties for city, county or state agencies.
Who negotiated with the Trust?
Town Attorney Phil Noblett negotiated with the Land Trust.
Is it legal for the town to place a conservation easement on its park lands?
Tennessee state law (TCA 66-9-301) expressly grants municipalities the authority to grant conservation easements. Our town attorney, Mr. Phil Noblett, confirmed at the Town Council meeting on Sept. 8, 2014 that the Town Council is authorized under state law to grant the proposed conservation easement to the Land Trust of Tennessee.
Where can I learn more about the proposed conservation easement?
The CEWG will offer a public input open house at the Town Hall on Sept. 23, from 4-8 p.m. We invite all town citizens to come and learn more about the proposed conservation easement and the importance of protecting park lands in our community from future development.
Annette Allen
Cheryl Carico
Eva Conwell
Bill Fronk
Ron Galante
Corinne Giagnorio
Claire Greisinger
Britt Reynolds