§ 491 — Conservation easement agreement exemption; certain towns

* § 491. Conservation easement agreement exemption; certain towns. 1.\nApplicability. (a) In a town having a population of not less than eleven\nthousand three hundred and not more than eleven thousand four hundred,\nthat is located in a county having a population of not less then nine\nhundred fifty thousand and not more than nine hundred fifty-one\nthousand, based upon the latest decennial federal census, is hereby\nauthorized to adopt a local law to provide that, real property whose\ninterests or rights have been acquired for the purpose of the\npreservation of an open space or an open area, as authorized in section\ntwo hundred forty-seven of the general municipal law, may be partially\nexempt from local real property taxation, provided that the owner or\nowners of such real property enter into a conservation easement\nagreement with the municipality in accordance with the procedures\nspecified in subdivision three of this section. A county having a\npopulation of not less than nine hundred fifty thousand and not more\nthan nine hundred fifty-one thousand based upon the latest decennial\nfederal census may, by local law, and any school district, all or part\nof which is located in a town having a population of not less than\neleven thousand three hundred and not more than eleven thousand four\nhundred that is located in a county having a population of not less than\nnine hundred fifty thousand and not more than nine hundred fifty-one\nthousand, may, by resolution, exempt such property from its taxation in\nthe same manner and to the same extent as such town has done.\n (b) A town having a population of not less than eleven thousand three\nhundred and not more than eleven thousand four hundred that is located\nin a county having a population of not less than nine hundred fifty\nthousand and not more than nine hundred fifty-one thousand, based upon\nthe latest decennial federal census may, by a vote of the town board,\nopt out of this exemption at any time.\n 2. Definitions. For the purpose of this section, the following terms\nshall have the following meanings: "open space" or "open area" means any\nspace or area characterized by natural scenic beauty or whose existing\nopenness, natural condition or present state of use, if retained, would\nenhance the present or potential value of abutting or surrounding urban\ndevelopment or would maintain or enhance the conservation of natural or\nscenic resources. For the purposes of this definition, "natural\nresources" shall include, but not be limited to, agricultural lands\ndefined as open lands actually used in bona fide agricultural\nproduction.\n 3. Procedures for obtaining a conservation easement agreement. (a) Any\nowner or owners of land may submit a proposal to the town board of a\ntown having a population of not less than eleven thousand three hundred\nand not more than eleven thousand four hundred that is located in a\ncounty having a population of not less than nine hundred fifty thousand\nand not more than nine hundred fifty-one thousand, based upon the latest\ndecennial federal census, for the granting of interest or rights in real\nproperty for the preservation of open space or areas. Such proposal\nshall be submitted in such a manner and form as may be prescribed by the\nconservation board of such town.\n (b) Upon receipt of such proposal, the town board shall convey the\nproposal to the conservation board of such town. Such conservation board\nshall investigate the area to determine if the proposal would be of\nbenefit to the people of the town and may negotiate the terms and\nconditions of the offer. If the conservation board determines that it is\nin the public interest to accept such proposal, it shall recommend to\nthe town board that it hold a public hearing for the purpose of\ndetermining whether or not the town should accept such proposal.\n (c) The town board shall, within thirty days of receipt of such\nadvisory opinion, hold a public hearing concerning such proposal at a\nplace within the town. At least ten days notice of the time and place of\nsuch hearing shall be published in a paper of general circulation in\nsuch town, and a written notice of such proposal shall be given to all\nadjacent property owners and to any municipality whose boundaries are\nwithin five hundred feet of the boundaries of said proposed area, and to\nthe school district in which it is located.\n (d) The town board, after receiving the reports of the conservation\nboard of a town having a population of not less than eleven thousand\nthree hundred and not more than eleven thousand four hundred that is\nlocated in a county having a population of not less than nine hundred\nfifty thousand and not more than nine hundred fifty-one thousand, based\nupon the latest decennial federal census, and after such public hearing,\nmay adopt the proposal or any modification thereof it deems appropriate\nor may reject it in its entirety.\n (e) If such proposal is adopted by the town board, it shall be\nexecuted by the owner or owners in written form and in a form suitable\nfor recording in the county clerk's office.\n (f) Such agreement may not be canceled by either party. However, the\nowner or owners thereof may petition the town board for cancellation\nupon good cause shown, and such cancellation may be granted only upon\npayment of the penalties provided in this section.\n 4. Computation. (a) An exemption granted pursuant to this section\nshall commence as of the effective date of the conservation easement\nagreement, and shall terminate upon the expiration or termination of\nsuch conservation easement agreement.\n (b) The following table shall illustrate the computation of the\nexemption:\n Commitment Percentage of Exemption\n 15 to 29 years 50%\n 30 to 49 years 75%\n 50 to 75 years 85%\n Perpetual 90%\nSuch exemption shall be granted only upon application by the owner or\nowners of such real property on a form prescribed by the commissioner.\nSuch application shall be filed with the assessor of the town on or\nbefore the taxable status date of such town.\n (c) If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch real property shall thereafter be exempt from taxation and special\nad valorem levies as provided in this section commencing with the\nassessment roll prepared on the basis of the taxable status date. The\nassessed value of any exemption granted pursuant to this section shall\nbe entered by the assessor on the assessment roll with the taxable\nproperty, with the amount of the exemption shown in a separate column.\n (d) Whenever a conservation easement encumbers only a portion of a\nparcel, the assessor shall henceforth enter that portion of the parcel\nencumbered by such easement as a separate parcel on all subsequent\nassessment rolls.\n 5. Penalties for offenses. If there is a violation of the terms and\nconditions of the conservation easement agreement or if such\nconservation easement agreement is canceled by the town board upon\npetition, then the owner or owners of such property must pay to the town\nthe following amounts:\n (a) All taxes abated pursuant to the conservation easement agreement,\nas limited by the remainder of this section, including, if applicable,\nthose taxes imposed by the county, town, school districts and all\nspecial improvement districts and other taxing units to which the\nproperty is subject. Repayment of the aforementioned abated taxes shall\nbe equal to five times the taxes saved in the last year in which the\nland benefited from a conservation easement agreement exemption, plus\ninterest of six percent per year compounded annually for each year in\nwhich an exemption was granted, not exceeding five years.\n (b) Payments shall be added by or on behalf of each taxing\njurisdiction to the taxes levied on the assessment roll prepared on the\nbasis of the first taxable status date after there is a violation of the\nterms and conditions of the conservation easement or such conservation\neasement agreement is canceled.\n * NB There are 2 § 491's\n