[Adopted 10-27-2015 by L.L. No. 27-2015]
This article adopts and implements the 2015 provisions of the
Superstorm Sandy Assessment Relief Act, enacted by the New York State
Legislature as Chapter 122 of the Laws of 2015 of the State of New
York, granting assessment relief to the victims of Superstorm Sandy.
The terms used in this article shall have the same meaning as those provided in Town Code Chapter 298, Article XVI, Superstorm Sandy Assessment Relief, including, but not limited to, the following:
Any building or structure designed and occupied exclusively
for residential purposes by not more than three families, and occupied
by the owner as a primary residence.
The storms, rains, winds, or floods which occurred within
the State of New York and the County of Suffolk during the period
from October 29, 2012, and ending November 3, 2012.
Notwithstanding any provision of law to the contrary, the Town
of Southampton elects to provide assessment relief for properties
damaged by Superstorm Sandy, as authorized by the Relief Act, as follows:
A.
An owner-occupied residential property that is the primary residence of the owner reconstructed, altered, or improved due to damage caused by Superstorm Sandy, as defined by Article XVI herein, shall be exempt from county, Town and school levies to the extent provided herein:
(1)
Such primary residence shall have been owner occupied by the same
owner immediately prior to Superstorm Sandy and immediately after
reconstruction with a certificate of occupancy; and
A.
Such primary residence shall be exempt for a period of one year to
the extent of 100% of the increase in assessed value attributable
to such reconstruction, alteration, or improvement, and for a period
of seven years subject to the following:
(1)
The extent of such exemption shall be decreased by 12.5% of the exemption
base each year during such additional period.
A.
The exemption base shall be the increase in assessed value as determined
in the initial year of the exemption, except as follows:
(1)
In any year in which a change in level of assessment of 15% or more
is certified for a final assessment roll pursuant to the rules of
the Commissioner of Taxation and Finance, the exemption base shall
be multiplied by a fraction, the numerator of which shall be the total
assessed value of the parcel on such final assessment roll (after
accounting for any physical or quantity changes to the parcel since
the immediately preceding assessment roll), and the denominator of
which shall be the total assessed value of the parcel on the immediately
preceding final assessment roll. The result shall be the new exemption
base.
(2)
The exemption shall then be recomputed to take into account the new
exemption base, notwithstanding the fact that the Town Assessor receives
certification of the change in level of assessment after the completion,
verification, and filing of the final assessment roll.
(3)
In the event the Town Assessor does not have custody of the final
assessment roll when such certification is received, the Assessor
shall certify the recomputed exemption to the local officer having
custody and control of the final assessment roll, and such local officer
is hereby directed and authorized to enter the recomputed exemption
certified by the Assessor on the final assessment roll.
(4)
The Assessor shall give written notice of such recomputed exemption
to the property owner, who may, if he or she believes that the exemption
was recomputed incorrectly, apply for a correction in the manner provided
by Title 3 of Article 5 of the Real Property Tax Law for the correction
of clerical errors.
A.
Such exemption shall be applied to the difference in the prestorm
assessed value and the increased assessed value attributable to all
the reconstruction, alterations, or improvements due to Superstorm
Sandy.
(1)
For the purposes of this section, the market value of the reconstruction,
alterations, or improvements shall be equal to the increased assessed
value attributable to such reconstruction, alteration, or improvement
divided by the Class I ratio in a special assessing unit or the most
recently established state equalization rate or special equalization
rate in the remainder of the state, except where the state equalization
rate or special equalization rate equals or exceeds 95%, in which
case the increase in assessed value attributable to such reconstruction,
alterations, or improvements shall be deemed to equal the market value
of such reconstruction, alteration, or improvement.
B.
No such exemption shall be granted for reconstruction, alterations,
or improvements unless commenced due to damage caused by Superstorm
Sandy and reflected on a certificate of occupancy no later than March
1, 2018.
(1)
In no event shall an exemption be granted for reconstruction, alterations,
or improvements to aspects of a primary residence not in existence
or otherwise not a part of the primary residence prior to October
29, 2012.
A.
Application for such exemption shall be filed with the Town Assessor
by March 1, 2016, or by March 1 of any subsequent year but no later
than March 1, 2018, on a form prescribed by the Commissioner of Taxation
and Finance.
B.
If satisfied that the applicant is entitled to an exemption, the
Assessor shall approve the application and such primary residence
shall be exempt from taxation for up to eight prospective tax years
as provided for herein.
C.
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.
D.
In the event that a primary residence granted an exemption pursuant
to this article ceases to be used as a primary residence of the owner,
or the title thereto is transferred, the exemption granted pursuant
to this article shall cease. However, the exemption granted pursuant
to this article shall continue for the remaining exemption period
for as long as an heir-at-law or distributee of such owner occupies
the property as a primary residence.
E.
No such exemption granted pursuant to this article shall be reduced
or repealed until the expiration of the period for which such exemption
was granted.
