[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.
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.
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.
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 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.
A.
Determination and computation.
(1)
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.
(2)
The following table shall illustrate the computation of the tax exemption:
|
Year of Exemption
|
Percentage of Exemption
| |
|---|---|---|
|
1 through 8
|
100% of exemption base
| |
|
9
|
80% of the exemption base
| |
|
10
|
60% of the exemption base
| |
|
11
|
40% of the exemption base
| |
|
12
|
20% of the exemption base
|
C.
For purposes of this section, the term "conversion" 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 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.
