[Adopted 3-15-2007 by L.L. No. 2-2007]
This article shall be known as "Local Law No. 2 of 2007 for Historic Preservation Tax Exemption for the Town of Schroeppel."
A. 
This real property tax exemption for historic properties is being enacted in order to achieve the following goals: to increase incentives for property owners in historic districts to invest in the upkeep and rehabilitation of properties; to provide an incentive for the restoration and rehabilitation of commercial structures which qualify as landmarks in order to provide financial advantages, not available elsewhere in the county at this time, which may help to attract and retain businesses in the Town of Schroeppel; to assist homeowners who are interested in restoring their own properties but may not be able to afford to do so when faced with potential increases in taxation as the result of alterations which would qualify for this exemption; to provide financial incentives for investment in low-income residential neighborhoods which may contain landmark buildings or districts designated within the area; and to provide a concrete benefit for restoring or improving historically or architecturally significant properties which are subject to the regulations of the Town's Historic Landmarks Local Law.[1]
[1]
Editor's Note: See Ch. 58, Historic Preservation.
B. 
The Town of Schroeppel real property tax exemption is intended to apply to alterations or rehabilitations of historic property as authorized pursuant to §§ 96-a and 119-aa through 119-dd of the General Municipal Law and § 444-a of the Real Property Tax Law and all other powers granted to the Town of Schroeppel to provide such exemptions.
C. 
This article is intended to create a real property tax exemption that preserves or increases the historic character of real property located within the Town of Schroeppel.
Real property within the Town of Schroeppel altered or rehabilitated subsequent to the effective date of this article shall be exempt from Town real property and special ad valorem levies, subject to and in accordance with the schedule set forth in § 83-14 and conditions outlined in §§ 83-15 and 83-16.
Historic property which shall be defined hereafter shall be exempt from taxation to the extent of any increase in value attributable to such alteration or rehabilitation pursuant to the following schedule:
Year of Exemption
Percentage of Exemption
1
100%
2
100%
3
100%
4
100%
5
100%
6
80%
7
60%
8
40%
9
20%
10
0%
No such exemption shall be granted for such alterations or rehabilitation unless all of the following criteria are met:
A. 
Such property must be "historic" which shall mean that the property has been designated as a landmark or is a property that is located in and contributes to the character of a designated historic district, created by a local law which was passed pursuant to § 96-a or 119-aa through 119-dd of the General Municipal Law; and
B. 
Alteration or rehabilitation of exteriors and public interiors (to the extent that public interiors are regulated by the local preservation law) of historic property must meet guidelines and review standards established in Local Law No. 1 of 1996 as amended by Local Law No. 5 of 1997, known as the "Historic Preservation Law"[1]; and
[1]
Editor's Note: See Ch. 58, Historic Preservation.
C. 
Alterations and rehabilitation of exteriors and public interiors (to the extent that public interiors are regulated by the Historic Preservation Law) of historic property are approved by the Town's Landmark Board prior to commencement of work; and
D. 
Alteration or rehabilitation must be for the purpose of historic preservation. For purposes of qualifying for a real property tax exemption pursuant to this article, alterations and rehabilitation shall be deemed to be for the purpose of historic preservation if:
(1) 
Only exterior work is involved; or
(2) 
Interior work involves the portion of the building that has been designated as a public interior under the local preservation law, to the extent that public interiors are regulated under the local preservation law; or
(3) 
At least 20% of the total cost of the project is directly attributable to exterior work and/or work that enhances the structural stability or structural integrity of the property; provided, however, that such portion of interior work done for the purpose of converting property from a one- or two-family dwelling to a multiple dwelling as defined in the Town Code of the Town of Schroeppel, and any increase in value resulting from such conversion, shall not quality for the exemption; or
(4) 
The project returns to use a building which has not been used for a permissible purpose under applicable zoning ordinances[2] for a continuous period of at least two years; and
[2]
Editor's Note: See Ch. 95, Zoning.
E. 
Alterations or rehabilitation must be commenced subsequent to the effective date of this article.
This exemption shall be granted only by application of the owner or owners of such historic real property on a form prescribed by the State Equalization and Assessment Board. The application shall be filed with the Town Assessor, on or before the appropriate taxable status date covering Town real property.
Such exemptions shall be granted where the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this section. The Assessor shall approve such application and such property shall thereafter be exempt from taxation and special ad valorem levies for Town real property taxation as provided in the schedule established in § 83-14 of this article commencing with the assessment roll prepared on the basis of the taxable status date referred to in § 83-16 of this article. The assessed value of any exemption granted pursuant to this section shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemptions shown in a separate column.