[Adopted 6-12-2014 by L.L. No. 4-2014]
As used in this article, the following terms shall have the
following meanings:
Any person obligated to pay real property taxes on real property
for which an exemption from taxes under this article is sought.
The area within a municipality, designated by local law,
to which an exemption established pursuant to this section applies.
The modernization, rehabilitation, expansion or other improvement
of commercial-use property or 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 upon mixed-use property.
Real property on which will exist, after completion of commercial
construction work, a building used for commercial purposes or use.
Real 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.
The Town of Avon, which is located in a county having a population
of not less than 65,390 and not more than 65,400 as determined by
the federal decennial census for the year 2010.
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.
The Town of Avon hereby provides for the exemption of real property
from taxation in a designated benefit area as provided in this section.
B.
The Supervisor, subject to the approval of the Town Board, shall
appoint a Commercial/Mixed-Use Incentive Board which shall be responsible
for designating the benefit area to be exempt from taxation as provided
in this article.
The Commercial/Mixed-Use Incentive Board shall consist of five
members to consist of, to the extent practicable, an architect, a
member of the Planning Board of the Town of Avon, a member of the
Zoning Board of Appeals of the Town of Avon, and two other members.
C.
Duties of the Commercial/Mixed-Use Incentive Board. The Board shall
present a plan to the Town Board concerning the various types of commercial
and/or mixed-use properties which may be granted an exemption pursuant
to this article. In addition, such plan shall identify designated
benefit areas, within which such exemption may be offered. In developing
such plan the Commercial/Mixed-Use Incentive Board shall consider
the planning objectives of the Town of Avon and the necessity of the
exemption to the attraction of commercial and mixed-use development
as identified by the Town of Avon and the economic benefit to the
area of providing exemptions to commercial and mixed—use properties.
In instances where a municipality has previously designed a business
district encompassing a defined area which was subject to public input
and was approved by and received funding for economic development
purposes from a state agency, the municipality may utilize the defined
boundaries of such previously defined area, or a combination of such
boundaries subject to review by the Commercial/Mixed-Use Incentive
Board.
D.
Upon the adoption of such a local law, the commercial use property
or mixed-use property that was converted, created, modernized, rehabilitated,
expanded or otherwise improved, shall be exempt from taxation and
special ad valorem levies as provided for in Subdivision Four of this
section.
A.
Computation of exemption.
(1)
For a period of twelve years following the approval of an application, the increase in assessed value of such property attributable to such conversion, creation, modernization, rehabilitation, expansion or other improvement shall be exempt as provided in Subsection A(2) of this section. Such exemption shall be computed with respect to the "exemption base." The exemption base shall be determined for each year in which there is an increase in assessed value so attributable from that of the previous year's assessed value.
(2)
The following shall determine the computation of the tax exemption:
|
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
|
C.
For purposes of this section, the term "conversion, creation, modernization,
rehabilitation, expansion or other improvement" shall not include
ordinary maintenance and repairs.
D.
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
exemption, payments in lieu of taxes or other payments were made to
the Town of Avon 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 section. 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 real property on a form prescribed by the NYS Commissioner
of Taxation and Finance. Such application shall be filed with the
assessor of the municipality or county having the power to assess
property for taxation on or before the appropriate taxable status
date of such municipality or county.
If the assessor is satisfied that the applicant is entitled to an exemption pursuant to this section, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies as provided in this section commencing with the assessment roll prepared after the taxable status date referred to in § 121-22 of this article. The assessed value of any exemption granted pursuant to this section 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.
