[Adopted 5-17-1994 by L.L. No. 2-1994]
Pursuant to and in exercise of the authority granted by and under § 421-f
of the Real Property Tax Law (hereinafter "RPTL § 421-f"), as added
by Chapter 704 of the Laws of 1993, and subject to the provisions of this
article, as currently enacted or hereafter amended, the provisions of RPTL
§ 421-f and the partial exemption from taxation and special ad valorem
levies established therein are hereby made applicable to and shall be extended
by the Incorporated Village of New Hyde Park.
For the purposes of this article, whenever the following words, terms
or phrases shall appear either in this article or in the provisions of RPTL
§ 421-f as applied in and to the Village, they shall have the meanings
ascribed to them hereinbelow:
The joint and several members of the Board of Tax Assessors of the
Village of New Hyde Park or, if such Board and such offices shall be hereafter
abolished or eliminated, their lawful successor(s) having the power and jurisdiction
to assess real property in the Village for Village tax purposes.
Those routine activities or undertakings designed and intended to
keep up and sustain, or prevent the deterioration or breakdown of, the original
condition, function, integrity or appearance of a residential building and/or
its component parts or systems and which are not considered as increasing
the value of such property.
Those activities or undertakings which restore, expand, add to, upgrade,
renovate, remodel or modernize the existing physical structure or the component
parts or systems of a residential building, including but not limited to those
which prevent its physical deterioration or bring it into compliance with
applicable building, sanitary, health and/or fire codes and which are considered
as increasing the value of such property.
Any building or structure lawfully designed and used exclusively
for residential purposes and both certified for occupancy and actually occupied
by not more than one or two families, in accordance with the zoning and other
land use regulations of the Village.
The Board of Equalization and Assessment in the Division of Equalization
and Assessment of the Executive Department of the State of New York.
The Incorporated Village of New Hyde Park in the County of Nassau,
State of New York.
A.
The partial exemption established in and under RPTL § 421-f
shall be granted and applied in and by the Village of New Hyde Park in accordance
with the provisions of such statute, subject to the following conditions and
limitations:
(1)
The reconstruction, alteration or improvement qualifying
for such partial exemption is commenced subsequent to the date of enactment
of this article;
(2)
Such exemption shall only be applicable to reconstruction,
alterations or improvements of residential buildings as such latter terms
are jointly or separately defined in this article and shall not apply to any
ordinary maintenance or repairs thereto, as likewise defined hereinabove;
and
(3)
In the event that a residential building granted such
exemption shall either cease to be used primarily for residential purposes
or shall be used or occupied in any manner which violates applicable sanitary,
health, building or fire or zoning or other land use codes or in the event
that title to such property is subsequently transferred to other than the
heirs or distributees of the owner(s) granted the exemption, then in any of
such events the exemption granted hereunder shall cease and determine.
B.
Whenever any partial exemption shall be granted and applied
pursuant to RPTL § 421-f and the provisions of this article, such
exemption shall not be reduced or repealed or otherwise impaired by any subsequent
amendment to or repeal of this article but shall continue in full legal force
and effect, as originally granted, until the expiration of the period for
which it was originally so granted.
