[Amended 6-18-2009 by L.L. No. 1-2009]
A. In 1990,
the Town of Amenia determined that a limited business investment tax
credit should be provided within the Town of Amenia pursuant to Real
Property Tax Law § 485-b and adopted a local law establishing
this limited tax credit. In 1997, the Town adopted a superseding local
law that continued this limited tax credit.
B. In 2008,
the Town Board determined that this article should be refined to insure
that this limited tax credit is being offered only to those types
of business located in geographic areas that are consistent with the
purposes of Real Property Tax Law § 485-b and with the Town's
planning objectives. Accordingly, the Town adopted a local law establishing
an Industrial and Commercial Incentive Board for the purpose of presenting the Town Board with a plan
identifying the types of business that should be offered the limited
tax credit, the geographic areas within the Town where the limited
tax credit should be offered, and the exemption schedule that should
be implemented.
C. The Industrial
and Commercial Incentive Board has presented the Town Board with a
plan containing the information required by Real Property Tax Law
§ 485-b, Subdivision (9)(b), including, without limitation,
recommendations as to the types of business that should be offered
the limited tax credit, recommendations as to the geographic areas
within the Town where the limited tax credit should be offered, and
recommendations regarding the proper exemption schedule that should
be applied eligible investments.
D. This plan
recommends that the Town continue to make the limited tax credit available
to the same categories of businesses that are currently eligible to
receive that credit under the Town's existing local law. This plan
also recommends that the Town continue to use the same accelerated
exemption schedule contained in the Town's existing local law.
E. However,
this plan recommends that the geographic areas within the Town where
the limited tax credit may be offered should be limited to business
located in the following zoning use districts as identified in the
official zoning map of the Town of Amenia, as it may be amended from
time to time: Highway Commercial (HC), Hamlet Mixed-Use (HM), Industrial/Manufacturing
(M), and Office/Commercial/Industry Mixed-Use (OC).
F. The Town
Board has reviewed the recommendations contained in this plan and
concludes that these recommendations are consistent with the purposes
of Real Property Tax Law § 485-b and with the Town's planning
objectives. Accordingly, the Town Board has concluded that this article
should be amended to restrict this limited tax credit to eligible
business investments that are made in the geographic areas identified
in the Industrial and Commercial Incentive Board plan. This L.L. No.
1-2009 shall not affect any existing business investments that are
already receiving the limited tax credit as of the effective date
of this section.
The Town Board of the Town of Amenia hereby enacts that the
requirements necessary to participate in the business incentive tax
credit are as follows:
A. Geographic areas. The limited business investment tax credit shall
only be available in the geographic areas of the Town located in the
following zoning use districts as identified on the Official Zoning
Map of the Town of Amenia, as it may be amended from time
to time:
[Amended 6-18-2009 by L.L. No. 1-2009]
(3) Industrial/Manufacturing
(M).
(4) Office/Commercial/Industry
Mixed-Use (OC).
B. Exemption threshold. Only investments in excess of $50,000 shall
be considered subject to tax incentives.
C. Exemption schedule.
(1) The accelerated exemption schedule shall be used:
Year of Exemption
|
Percentage of Exemption
|
---|
1
|
50%
|
2
|
50%
|
3
|
50%
|
4
|
40%
|
5
|
30%
|
6
|
20%
|
7
|
10%
|
8
|
10%
|
9
|
10%
|
10
|
5%
|
(2) The following Standard Industrial Code business categories shall
be eligible for the limited business investment tax credit, provided
that the business seeking the limited tax credit is lawfully operating
in an eligible geographic area:
[Amended 6-18-2009 by L.L. No. 1-2009]
Division
|
SIC Code
|
---|
Division A: Agricultural, Forestry, Fishing
|
0100 to 0900
|
Division B: Mining
|
1400
|
Division C: Construction
|
1521 to 1799
|
Division D: Manufacturing
|
All categories
|
Division E: Group 42, Motor Freight Transportation and Warehousing
|
|
Division F: Wholesale Trade
|
7011 – Hotels and motels
|
|
7371 – Computer programming
|
|
7373 – Computer system designs
|
|
7374 – Data processing and preparation
|
|
7375 – Information retrieval services
|
|
7376 – Computer facilities management
|
|
7911 – Dance studios
|
|
7922 – Theatrical produced services
|
|
8731 – Commercial physical research services
|
Division G: Retail Trade
|
5211 to 5999
|
Division H: Finance, Insurance, Real Estate
|
6000 to 6700
|
Division I: Services
|
7011 to 8748 and 8999
|
Division J: Public Administration
|
9100
|
The Town Board of the Town of Amenia approves participation
in the Dutchess County 435-b Law for business investment tax incentive
with the aforementioned requirements in the Town of Amenia.
[Added 8-21-2008 by L.L. No. 3-2008]
A. Purpose. This section is enacted for the purpose of establishing
an Industrial and Commercial Incentive Board pursuant to Real Property
Tax Law § 485-b. The Town Board has determined that this
article should be refined to insure that the limited business investment
tax credit is being offered only to those types of business located
in geographic areas that are consistent with the purposes of Real
Property Tax Law § 485-b and with the Town's planning objectives.
The Town Board has further determined that an Industrial and Commercial
Incentive Board should be established and directed to present the
Town Board with a plan identifying the types of business that should
be offered the limited business investment tax credit and the geographic
areas within the Town where the limited business investment tax credit
should be offered.
B. Creation. The Town Board hereby creates the Industrial and Commercial
Incentive Board. The Industrial and Commercial Incentive Board shall
be comprised of five members.
C. Term. Members of the Industrial and Commercial Incentive Board shall
serve at the pleasure of the Town Board. Members shall select their
own Chairperson and establish such administrative policies and procedures
as shall be necessary to effectuate the purposes of Real Property
Tax Law § 485-b and this article.
D. Powers. The Industrial and Commercial Incentive Board shall have
all of the powers and duties set forth in Real Property Tax Law § 485-b.
E. Draft plan. The Industrial and Commercial Incentive Board shall present
the Town Board with a draft plan containing the information required
by Real Property Tax Law § 485-b, Subdivision 9(b), including,
without limitation, recommendations as to the types of business that
should be offered the limited business investment tax credit and recommendations
as to the geographic areas within the Town where the limited business
investment tax credit should be offered.
F. Final plan. After consultation with the Town Board regarding the
draft plan, the Industrial and Commercial Incentive Board shall make
any revisions it deems appropriate to that plan before presenting
the Town Board with a final plan complying with the provisions of
Real Property Tax Law § 485-b, Subdivision (9)(b) and this
article.
G. Implementation. Upon receipt of the final plan, the Town Board may,
but shall not be required to, adopt a local law implementing the recommendations
contained in the final plan identifying the types of business that
should be offered the limited business investment tax credit and the
geographic areas within the Town where the limited business investment
tax credit should be offered.
H. Amendments. The final plan shall be subject to periodic review as
determined by the Town Board. Upon specific request of the Town Board,
the Industrial and Commercial Incentive Board shall present the Town
Board with a draft amended plan complying with the provisions of Real
Property Tax Law § 485-b, Subdivision 9(b) and this article.