[Adopted 7-7-2015 by L.L. No. 3-2015]
Editor's Note: This local law also stated that it shall take effect upon its filing with the New York State Department of State and shall expire and be deemed repealed 12 years after such date.
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.
- BENEFIT AREA
- The area within the Village of Caledonia, to which an exemption, established pursuant to this article, applies.
- COMMERCIAL CONSTRUCTION WORK
- The modernization, rehabilitation expansion or other improvement of commercial use property or 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 upon mixed-use property.
- COMMERCIAL USE PROPERTY
- Real property on which will exist, after completion of commercial construction work, a building used for commercial purposes or use.
- MIXED-USE PROPERTY
- 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 Village of Caledonia, 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.
- 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 Village of Caledonia hereby provides for the exemption of real property from taxation in a designated benefit area as provided in this article.
The Mayor, subject to the approval of the Village 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 three members.
Duties of the Commercial/Mixed-Use Incentive Board The Commercial/Mixed-Use Incentive Board shall present a plan to the Village 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 Village of Caledonia and the necessity of the exemption to the attraction of commercial and mixed-use development as identified by the Village of Caledonia and the economic benefit to the area of providing exemptions to commercial and mixed-use properties. In instances where a municipality has previously designated 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 Village of Caledonia 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.
Computation of exemption.
For a period of 12 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.
The following shall determine the computation of the tax exemption:
For purposes of this article the term "conversion, creation, modernization, rehabilitation, expansion or other improvement" 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 Village of Caledonia 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 the real property on a form prescribed by the NYS Commission 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 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 in this article commencing with the assessment roll prepared after the taxable status date referred to in § 192-30 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 the exemption shown in a separate column.