[Adopted 8-13-1991 by Ch. No. 983 as §§ 13-41
through 13-44 of the 1991 Code (as amended through Ch. No. 1289)]
The purpose of this policy is to implement a
consistent plan of property tax exemption for industrial and commercial
development in the Town in order to encourage:
A.
An industrial or commercial concern to locate in the
Town;
B.
An existing industrial or commercial concern to improve
its facilities in the community, thereby increasing the tax base;
C.
An existing industrial or commercial concern to construct
additional facilities in the community thereby increasing the tax
base and increasing work opportunities; or
D.
Existing commercial and residential concerns within
the Downtown Center 1 Zoning District (DC-1) to improve existing facilities
or construct additional facilities, thereby increasing the tax base
and encourage redevelopment within that district.
A.
Industrial and commercial property is defined as buildings,
accessory structures and similar improvements to real estate the primary
purpose of which is the manufacture of goods and the providing of
commercial services.
B.
Industrial property shall include facilities related
to the manufacture of goods including, but not limited to, office,
engineering, research and development, and warehousing or parts distribution.
C.
Commercial property shall include facilities relating
to commercial operation and may include retail and professional services;
such retail and professional services, in order to qualify, must comply
with the primary eligibility requirements as hereinafter set forth
and shall make a satisfactory showing to the fact finding authority
that it will increase the work base, improve the quality of life in
the community and provide goods and/or services which were theretofore
unavailable within the geographical limits of the community.
D.
Mixed use commercial property to shall include facilities relating to commercial operation and may include retail and professional services, and residential housing units located within the same structure (not on the first floor), and in accordance with applicable requirements of Chapter 260, Zoning, and Building Code requirements. Such applications for tax abatement on a mixed-use development shall only be allowed within the Downtown Center 1 Zoning District (DC-1) as defined on the Town of Westerly Zoning Map, as may be amended. Any residential component of a mixed-use development must be rental only units, and not for sale or resale. In order to qualify, the application must comply with the primary eligibility requirements as hereinafter set forth and shall make satisfactory showing to the fact finding authority that it will increase the work base, opportunities for housing, improve the quality of life in the community and provide goods and/or services which were theretofore unavailable within the geographical limits of the community.
A.
No person shall be entitled to any exemption without
first filing an application with the office of the Tax Assessor.
B.
No application shall be considered unless application
is filed prior to the issuance of a building permit with respect to
the property. This applies to new construction and renovation only.
C.
No application shall be considered unless estimated
cost of new construction exceeds 20% of the assessed value of the
industrial or commercial property or $100,000, whichever is less.
D.
The Building Official shall review the application
to determine any violations of the provisions of the Building Code
with respect to the property of the applicant and any other property
in the Town owned by the applicant. If violations do exist, the Building
Inspector shall forward a statement stating the nature and extent
of the violations. No exemption shall be granted until such have been
cured.
E.
The Tax Collector shall review the Town tax records
to determine whether all taxes (together with interest and penalties)
on the subject property and all other property in the Town owned by
the applicant have been paid. If a deficiency or deficiencies do exist,
the Tax Collector shall forward a statement of the amounts due and
properties involved. No exemption shall be effective unless and until
any and all taxes, together with interest and penalties remaining
unpaid and due and owing the Town, have been paid in full.
[Amended 10-18-2004 by Ch. No. 1513]
Pursuant to Section 44-3-9, Rhode Island General
Laws, the Town Council may grant an exemption upon its finding that
the granting of such exemption will benefit the Town as follows:
A.
Class A: 100% reduced to 0% over 10 years, or 100%
reduced to 0% over 20 years:
|
Year
|
Percentage
|
Years
|
Percentage
| |
|---|---|---|---|---|
|
1
|
100
|
1-2
|
100
| |
|
2
|
90
|
3-4
|
90
| |
|
3
|
80
|
5-6
|
80
| |
|
4
|
70
|
7-8
|
70
| |
|
5
|
60
|
or
|
9-10
|
60
|
|
6
|
50
|
11-12
|
50
| |
|
7
|
40
|
13-14
|
40
| |
|
8
|
30
|
15-16
|
30
| |
|
9
|
20
|
17-18
|
20
| |
|
10
|
10
|
19-20
|
10
| |
|
11
|
00
|
21
|
0
|
(1)
A-1-A: manufacturing or other commercial enterprise
which is new to the Town which is constructing a new manufacturing
or other commercial facility on land which did not have a taxable
improvement on it prior to such construction; the abatement would
apply to the new improvement only.
(2)
A-2-A: an enterprise which is not new to the Town
which is constructing an additional manufacturing, research, technological
development, and/or financial services facility on land which did
not have an improvement on it prior to such construction and such
enterprise shall operate the prior facility with such improvement
increasing employment within the Town; the abatement would apply to
the new improvement only.
B.
Class B: 50% reduced to 0% over five years:
[Amended 11-10-2008 by Ch. No. 1661]
|
Year
|
Percentage
|
|---|---|
|
1
|
50
|
|
2
|
40
|
|
3
|
30
|
|
4
|
20
|
|
5
|
10
|
|
6
|
00
|
(1)
A-1-B: manufacturing or other commercial enterprise
which is new to the Town which is locating in the Town and which is
occupying an existing facility; or an existing facility that will
be occupied by a manufacturing or other commercial enterprise which
is new to the Town and is locating in the Town.
(2)
A-2-B: manufacturing enterprise which is not new to
the Town which is improving an existing manufacturing facility on
land with such improvement increasing employment within the Town;
the abatement would apply to the new improvement only.
(3)
A-2-C: manufacturing enterprise which is not new to
the Town which is constructing a new manufacturing facility on land
at a new location with such improvement increasing employment within
the Town and increasing the tax base as a result of the relocation
and improvement; the abatement to apply to the increased tax as a
result of such improvement only.
(4)
B: manufacturing or commercial enterprise which is
currently in operation in the community and endeavors to rehabilitate
and/or modernize its existing facility; the abatement would apply
to the increased tax as a result of such improvement only.
(5)
C: Commercial and residential mixed use enterprise
within the Downtown Center 1 Zoning District (DC-1), which endeavors
to rehabilitate or modernize an existing facility. The abatement would
apply to only the increased tax as a result of such improvements.
