Form Rp-491 - Application For Conservation Easement Agreement Exemption - Certain Towns Page 2

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RP-491 [Elma] (9/09)
2
FOR ASSESSOR’S USE
FOR ASSESSOR’S USE
1. Date application filed:
1. Date application filed:
2. Applicable taxable status date:
3. Action on application:
Approved
Disapproved
4. New parcel identification if exemption applicable to portion of property only:
5. First assessment roll to which exemption is to be applied:
6. Last assessment roll to which exemption is to be applied:
or
exemption is to be granted in perpetuity
7. Amount of exemption in first year:
Percent
Amount
Town
__________________
$ __________________
County
__________________
$ __________________
School District
__________________
$ __________________
______________________________________________
_________________________
Assessor’s signature
Date
Clear Form
INSTRUCTIONS
1. Authorization for exemption
Section 491 of the Real Property Tax Law authorizes the Town of Elma to adopt a local law offering a
partial tax exemption from town taxes and town special ad valorem levies to property subject to a conservation
easement agreement between the property owner and the Town of Elma. Erie County and any school district in
which the Town of Elma is partially located may also offer the exemption by adoption of a County local law or
school district resolution.
2. Duration and computation of exemption
The percentage of exemption to be granted is dependent on the length of the commitment in the
conservation easement agreement. The following table illustrates the computation of the exemption:
Commitment
Percentage of Exemption
15 to 29 years
50%
30 to 49 years
75%
50 to 75 years
85%
Perpetual
90%
The conservation easement agreement cannot be cancelled unilaterally by the Town of Elma or the property
owner although the property owner may petition the Town Board for cancellation for good cause. Note that if a
conservation easement agreement is violated or cancelled upon petition, a payment will be assessed against the
property equal to five times the taxes saved in the last year the property benefited from the conservation easement
agreement plus interest of six percent per year compounded for each year in which the exemption was granted not
to exceed five years.
3. Applicable charges
The partial exemption applies to town taxes and town special ad valorem levies. It also applies to county
taxes and county special ad valorem levies and school taxes where applicable.
4. Place of filing of exemption application
Applications for the partial exemption must be filed with the Town Assessor, not with the Office of Real
Property Tax Services.
5. Time of filing application
The application must be filed in the Town Assessor’s Office on or before the applicable taxable status date
In Elma, the taxable status date is March 1.

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