[Adopted 12-7-2011 by L.L. No. 2-2011]
The people of the State of New York have in the New York State Constitution, Article IX, Section 2, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and the general welfare of its citizenry. More particularly, Municipal Home Rule Law of the State of New York at § 10 grants to local governments the power to adopt and amend local laws.
The purpose of this article is to provide for a real property tax exemption from the Town of Sullivan, Town real property taxes as authorized by § 485-a of the Real Property Tax Law of the State of New York relative to the conversion of qualified nonresidential real property to mixed-use commercial and residential status in accordance with the terms of state law and this article. This article shall be read in conjunction with the provisions of § 485-a of the Real Property Tax Law to effectuate the authorized real property tax exemption.
As used in this article; the following terms shall have the following meanings:
- Any person obligated to pay real property taxes on the property for which an exemption from real property taxes under this article is sought.
- COMMERCIAL CONSTRUCTION WORK
- The modernization, rehabilitation, expansion or other improvement of the portion of mixed-use property to be used for commercial purposes.
- COMMERCIAL PURPOSE OR USE
- 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.
- MIXED-USE PROPERTY
- A 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 Sullivan, New York.
- An individual, corporation, limited liability company, partnership, association, agency, trust, estate, foreign or domestic government or subdivision thereof, or other entity.
- RESIDENTIAL CONSTRUCTION WORK
- 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.
The Town of Sullivan, by this article, provides for the exemption of real property from taxation as provided in this article. Upon adoption of this article, the County of Madison may enact a local law allowing the exemption of such property from its taxation in accordance with § 485-a of the Real Property Tax Law and set a conversion cost minimum in its sole and absolute discretion. In addition, upon adoption of this article, the Chittenango Central School District may, by resolution, allow the exemption of such property from its taxation in accordance with § 485-a of the Real Property Tax Law and set a conversion cost minimum in its sole and absolute discretion.
Determination and computation.
For a period of 12 years from the approval of an application, the increase in assessed value of such property attributable to such conversion 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.
The following table shall illustrate the computation of the tax exemption:
For purposes of this section, the term "conversion" shall not include ordinary maintenance and repairs.
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 Sullivan in an amount that would have been equal to or greater than the amount of real property taxes that would a 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 State Board of Real Property Services (RPTL § 200). Such application shall be filed with the Assessor of the Town of Sullivan having the power to assess property for taxation on or before the appropriate taxable status date of the Town of Sullivan.
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 as in this article provided commencing with the assessment roll prepared after the taxable status date referred to in this § 246-13 of this article. 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 exemption shown in a separate column.