[Adopted 8-8-2011 by L.L. No. 8-2011]
The City Council of the City of Newburgh encourages property
owners of single- and two-family residential dwelling to invest in
improvements to one- and two-family buildings used solely for residential
purposes by providing an exemption from general municipal taxes pursuant
to § 421-f of the Real Property Tax Law of the State of
New York.
As used in this article, the following terms shall have the
following meanings:
Any building or structure designed and occupied exclusively
for residential purposes by not more than two families.
A.
Residential buildings that are reconstructed, altered or improved,
pursuant to § 421-f of the New York State Real Property
Tax Law, shall be exempt from taxation and special ad valorem levies
to the extent provided herein.
B.
Such buildings shall be exempt for a period of one year to the extent
of 100% of the increase in assessed value thereof attributable to
such reconstruction, alteration or improvement and for an additional
period of seven years, subject to the following:
(1)
The extent of such exemption shall be decreased by 12.5% of the "exemption base" each year during such additional period. The "exemption base" shall be the increase in assessed value as determined by the initial year of the term of the exemption, except as provided in Subsection B(2) of this section.
(2)
In any year in which a change in level of assessment of 15% or more
is certified for a final assessment roll pursuant to the rules of
the State Board, the exemption base shall be multiplied by a fraction,
the numerator of which shall be the total assessed value of the parcel
on the immediately preceding final assessment roll (after accounting
for any physical or quantity changes to the parcel since the immediately
preceding assessment roll), and the denominator of which shall be
the total assessed value of the parcel on the immediately preceding
final assessment roll. The result shall be the new exemption base,
notwithstanding the fact that the Assessor receives certification
of the change in level of assessment after the completion, verification
and filing of the final assessment roll. In the event the Assessor
does not have custody of the roll when such certification is received,
the Assessor shall certify the recomputed exemption to the local officers
having custody and control of the roll, and such local officers are
hereby directed and authorized to enter the recomputed exemption certified
by the Assessor on the roll. The Assessor shall give written notice
of such recomputed exemption to the property owner, who may, if he
or she believes that the exemption was recomputed incorrectly, apply
for a correction in the manner provided by Title 3 of Article 5 of
the New York State Real Property Tax Law.
(3)
Such exemption shall be limited to $80,000 in increased market value,
but not less than $5,000, of the property attributable to such reconstruction,
alteration or improvement, and any increase in market value greater
than such amount shall not be eligible for the exemption pursuant
to this article. For the purposes of this section, the market value
of the reconstruction, alteration or improvement shall be equal to
the increased assessed value attributable to such reconstruction,
alteration or improvement divided by the Class I ratio in a special
assessing unit or the most recently established state equalization
rate or special equalization rate in the remainder of the state; except
where the state equalization rate or special equalization rate equals
or exceeds 95%, in which case the increase in assessed value attributable
to such reconstruction, alteration or improvement shall be deemed
to equal the market value of such reconstruction, alteration or improvement.
A.
No such exemption shall be granted for reconstruction, alterations
or improvements unless:
(1)
Such reconstruction, alteration or improvement was commenced subsequent
to the date on which this article takes effect;
(2)
The value of such reconstruction, alteration or improvement exceeds
$3,000; and
(3)
The greater portion, as so determined by square footage, of the building
reconstructed, altered or improved is at least five years old.
B.
For purposes of this section, the terms "reconstruction," "alteration"
and "improvement" shall not include ordinary maintenance and repairs.
C.
No such exemption shall be granted concurrent with or subsequent
to any other real property tax exemption granted to the same improvements
to real property, except where, during the period of such previous
tax exemption, payments in lieu of taxes or other payments were made
in an amount that would have been equal to or greater than the amount
of real property taxes that would have been paid on such improvements
had such property been granted an exemption pursuant to this article.
In such case, an exemption shall be granted for a number of years
equal to the twelve-year exemption granted pursuant to this article
less the number of years the property would have been previously exempt
from real property taxes.
Any exemption pursuant to this article shall be granted only
upon application by the property owner on a form prescribed by the
State Board of the Office of Real Property Tax Services. The application
shall be filed with the Assessor of the City of Newburgh on or before
the taxable status date of March 1 to be eligible for an exemption
to be entered on the assessment roll prepared on the basis of said
taxable status date.
