* § 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
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