[Adopted 12-15-2011 by L.L. No. 4-2011]
This article is enacted pursuant to the provisions of § 485-a
of the Real Property Tax Law of the State of New York to grant a partial
exemption from taxation to certain real property in the Village of
Baldwinsville (the "Village") that has been converted to mixed commercial
and residential use.
For purposes of this article:
Any person obligated to pay real property taxes on the property
for which an exemption from real property taxes under this article
is sought.
The modernization, rehabilitation, expansion or other improvement
of the portion of mixed-use property to be used for commercial purposes.
The buying, selling or otherwise providing of goods or services,
including hotel services, or other lawful business or commercial activities
permitted in mixed-use property.
The increase in the assessed value of real property attributable
to the amount invested, exclusive of the cost of ordinary maintenance
and repairs, to convert such real property to mixed-use property,
as hereinafter defined.
Property on which will exist, after completion of residential
construction work or a combination of residential construction work
and commercial construction work, a building or structure used for
both residential and commercial purposes.
An individual, corporation, limited liability company, partnership,
association, agency, trust, estate, foreign or domestic government
or subdivision thereof or other entity.
The creation, modernization, rehabilitation, expansion or
other improvement of dwelling units, other than dwelling units in
a hotel, in the portion of mixed-use property to be used for residential
purposes.
A.Â
Real property within the Village that has been converted to mixed-use
property shall be partially exempt from taxation and special ad valorem
levies as provided hereinafter.
B.Â
For a period of 12 years from the approval of an application, the
exemption base of such property shall be exempt pursuant to the following
schedule:
Year of Exemption
|
Percentage of Exemption
| |
---|---|---|
1 through 8
|
100% of exemption base
| |
9
|
80% of exemption base
| |
10
|
60% of exemption base
| |
11
|
40% of exemption base
| |
12
|
20% of exemption base
|
D.Â
For the purposes of this section, the term "conversion" shall not
include ordinary maintenance and repairs.
E.Â
No such exemption shall be granted with or subsequent to any other
real property tax exemption granted as a result of effecting the same
improvements to real property, except, where during the period of
such previous exemption, payments in lieu of taxes or other payments
were made to the local government 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.
Such exemption shall be granted only upon application by the
owner of such real property on a form prescribed by the Commissioner
of Taxation and Finance. Such application shall be filed with the
Town Tax Assessor on or before the appropriate taxable status date.
If the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this article, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies as provided herein, commencing with the assessment roll prepared after the taxable status date referred to hereinabove at § 310-26. The assessed value of any exemption granted pursuant to this article shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.