* § 491-b. Conservation easement agreement exemption; certain towns.\n1. Applicability. In a town having a population of not less than\nthirty-five thousand and not more than thirty-six thousand, that is\nlocated in a county having a population of not less than three hundred\nthousand and not more than three hundred seven thousand, based upon and\nrecorded by the two thousand ten federal census, is hereby authorized to\nadopt a local law to provide that, real property whose interests or\nrights have been acquired for the purpose of the preservation of an open\nspace or an open area, as authorized in section two hundred forty-seven\nof the general municipal law, may be partially exempt from local real\nproperty taxation, provided that the owner or owners of such real\nproperty enter into a conservation easement agreement with the\nmunicipality in accordance with the procedures specified in subdivision\nthree of this section. A county having a population of not less than\nthree hundred thousand and not more than three hundred seven thousand\nbased upon and recorded in the two thousand ten federal census may, by\nlocal law, and any school district, all or part of which is located in a\ntown having a population of not less than thirty-five thousand and not\nmore than thirty-six thousand that is located in a county having a\npopulation of not less than three hundred thousand and not more than\nthree hundred seven thousand based upon and recorded by the two thousand\nten federal census, may, by resolution, exempt such property from its\ntaxation in the same manner and to the same extent as such town has\ndone.\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 or\nscenic resources" shall include, but not be limited to, agricultural\nlands defined 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 thirty-five thousand and not\nmore than thirty-six thousand that is located in a county having a\npopulation of not less than three hundred thousand and not more than\nthree hundred seven thousand, based upon and recorded by the two\nthousand ten federal census, for the granting of interest or rights in\nreal property 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 pro
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