[Adopted 4-5-2016 by L.L.
No. 8-2016]
The colloquial name of this article, which is the establishment
of the Industrial and Commercial Incentive Board pursuant to New York
State Real Property Tax Law § 485-b, shall be "Industrial
and Commercial Incentive Board."
This article is enacted for the purpose of establishing an advisory
board entitled the "Industrial and Commercial Incentive Board" pursuant
to New York State Real Property Tax Law § 485-b, Subdivision
9. The Town Board has determined that the Industrial and Commercial
Incentive Board should be established and directed to present to the
Town Board a plan identifying the types of businesses that should
be offered limited business exemption tax credits and geographical
areas in the Town where the limited business exemption tax credits
and geographical areas in the Town where the limited business incentive
should be offered. The Industrial and Commercial Incentive Board shall
consider the planning objectives of the Town and the areas thereof
within which exemptions pursuant to Real Property Tax Law § 485-b,
Subdivision 9, shall be offered, the necessity of the exemption to
the attraction and retention of businesses, the creation and retention
of permanent private sector jobs, the need to allow the exemption
to provide employment opportunities and broaden the tax base and other
factors which the Industrial and Commercial Incentive Board deems
relevant.
The Town Board hereby establishes an Industrial and Commercial
Incentive Board. The Industrial and Commercial Incentive Board shall
be composed of five members. The Town Board shall designate the chairperson
of the Industrial and Commercial Incentive Board by resolution. In
the absence of the chairperson, the Town Board may designate by resolution
a member of the Industrial and Commercial Incentive Board to sit as
the acting chairperson. The chairperson of the Industrial and Commercial
Incentive Board shall establish such administrative policies and procedures
as are necessary to effectuate the purpose of Real Property Tax Law
§ 485-b, Subdivisions 9, 10 and 12.
The terms of the members of the Industrial and Commercial Incentive
Board shall be for five years and shall commence on the date of the
appointment by the Town Board. If a vacancy shall occur otherwise
than an expiration of a term, the Town Board shall appoint a new member
for the unexpired term.
The Industrial and Commercial Incentive Board shall have all
the powers and duties set forth in Real Property Tax Law § 485-b,
Subdivisions 9, 10 and 12, and such other actions deemed desirable
to improve the economic climate within the Town or other factors as
the Town Board may direct.
The Industrial and Commercial Incentive Board shall present
the Town Board with a draft plan containing the information required
by Real Property Tax Law § 485-b, Subdivision 9, including,
but not limited to, recommendations as to the types of business that
should be offered the limited business investment tax credit and recommendations
as to the geographic area within the Town where the limited business
investment tax credit should be offered. Such Draft Plan shall be
presented within 60 days of the first meeting of the Industrial and
Commercial Incentive Board.
After consultation with the Town Board regarding the draft plan,
the Industrial and Commercial Incentive Board shall make any revisions
it deems appropriate to the draft plan before presenting the Town
Board with a final plan complying with the provisions of Real Property
Tax Law § 485-b, Subdivision 9, and this article. Such final
plan shall be presented within 30 days of the completion of the consultation
with the Town Board.
Upon receipt of the final plan, the Town Board may, but shall
not be required to, implement the recommendations contained in the
final plan identifying the types of businesses that should be offered
the limited business investment tax credit and the geographic areas
within the Town where the business investment tax credit should be
offered.
The final plan shall be subject to periodic review as determined
by the Town Board. Within 60 days of a request of the Town Board,
the Industrial and Commercial Incentive Board shall present the Town
Board with a draft amended plan complying with the provisions of Real
Property Tax Law § 485-b, Subdivision 9, and this article.
Such final amended plan shall be presented within 30 days of the completion
of the consultation with the Town Board.
