[Adopted 10-27-1997 by L.L. No. 2-1997[1]]
[1]
Editor's Note: This local law superseded former Art. III, Business Investment Exemption, adopted 1-18-1990 by L.L. No. 1-1990.
[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[1] 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.
[1]
Editor's Note: See § 109-6.1 of this article.
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[1] of the Town of Amenia, as it may be amended from time to time:
[Amended 6-18-2009 by L.L. No. 1-2009]
(1) 
Highway Commercial (HC).
(2) 
Hamlet Mixed-Use (HM).
(3) 
Industrial/Manufacturing (M).
(4) 
Office/Commercial/Industry Mixed-Use (OC).
[1]
Editor's Note: A copy of the Official Zoning Map is included as an attachment to Ch. 121, Zoning.
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[2]
[2]
Editor's Note: Former Subsection C(3), concerning additional localized exemptions, which immediately followed this subsection, was repealed 8-21-2008 by L.L. No. 3-2008.
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.