[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 10-24-2012 by L.L. No.
22-2012; amended in its entirety 4-6-2016 by L.L. No. 9-2016.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Business improvement districts — See Ch. 73.
The Town Board of the Town of Poughkeepsie hereby determines
that in order to create or retain permanent private-sector jobs, to
provide employment opportunities and broaden the tax base, it is necessary
to adopt an accelerated exemption schedule in order to encourage targeted
economic development in the Town of Poughkeepsie to the extent provided
in § 485-b of the Real Property Tax Law of the State of
New York, and as hereinafter provided.
A redevelopment or rehabilitation of real property within a
qualified geographic area subsequent to the effective date of this
chapter for the purpose of a listed commercial, business, or industrial
use shall be eligible for partial exemption from taxation and special
ad valorem levies for the increase in assessed value attributable
thereto in accordance with this chapter. For purposes of this chapter
the terms "construction," "alteration," "installation," and "improvement"
shall not include ordinary maintenance and repairs.
Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings.
A.
Unless the context requires a different interpretation, any word
denoting gender includes the female and the male.
B.
Words used in the present tense include the future tense.
C.
Words used in the singular include the plural, and words used in
the plural include the singular, unless the context clearly indicates
the contrary.
D.
The word "shall" is always mandatory and not merely directory.
E.
The word "structure" shall include the word "building" and any man-made
object or improvement.
G.
The term "Zoning District" shall mean one of the zoning districts
as shown on the officially adopted Zoning Map of the Town of Poughkeepsie,
as amended.
H.
The term "Zoning Map," shall mean the "Zoning Map of the Town of
Poughkeepsie, New York", as amended.
I.
The term "Town Assessor" or "Assessor" shall mean the duly appointed
Assessor of the Town of Poughkeepsie, New York.
J.
The term "Town Board" shall mean the Town Board of the Town of Poughkeepsie,
New York.
When used in this chapter, unless otherwise expressly stated
or unless the context or subject matter otherwise requires, the following
definitions shall apply.
A permanent addition to or betterment of real property that
enhances its capital value and that involves the expenditure of labor
or money and is designed to make the property more useful or valuable
as distinguished from ordinary repairs, and shall include structures
placed above and below ground.
A use that appears on the "List of Exempt Businesses" in
Schedule B of this chapter[1] as classified according to the North American Industry
Classification System (NAICS), and which is a use that is permitted
in the zoning district in which the real property is located as depicted
on the Zoning Map, as amended.
Real property that is located in an area that is identified
in Schedule A of this chapter.[2]
All lands, including improvements and fixtures thereon, and
property of any nature appurtenant thereto or used in connection therewith,
and every estate, interest and right, legal or equitable, therein,
including terms for years and lines by way of judgment, mortgage or
otherwise, and indebtedness secured by such lines.
Construction, reconstruction, conversion, alteration, relocation,
enlargement, or repair of buildings, structures, and site infrastructure
on real property that is or was previously developed for the same,
similar, or a different use or purpose, and shall include work involving
the conservation, preservation, and rehabilitation of any building,
structure or improvement. This shall include properties classified
by the Town Assessor as "vacant commercial," provided said property
was improved for a prior use, or was improved in anticipation of a
prior use as set forth herein.
An undertaking, by means of extensive repair, reconstruction
or renovation of existing structures, with or without the introduction
of new construction or the enlargement of existing structures, in
order to eliminate substandard structural conditions and halt or prevent
the deterioration of any building, structure or improvement.
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
[2]
Editor's Note: Schedule A is included as an attachment to this chapter.
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 New York State Board of Real Property Services, 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. The exemption shall thereupon be recomputed to take into account
the new exemption base, notwithstanding the fact that the Assessor
receives the certification of the change in level of assessment after
the completion, verification and filing of the final assessment roll.
In the event that the Assessor does not have custody of the roll when
such certification is received, the Assessor shall certify the recomputed
exemption to the local officers having custody and control of the
roll, and such local officers are hereby directed and authorized to
enter the recomputed exemption certified by the Assessor on the roll.
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 New York State Real Property Tax Law
for the correction of clerical errors.
The following table shall illustrate the computation of the
tax exemption, if any:
|
Year of Exemption
|
Percentage of Exemption
|
|---|---|
|
1
|
50%
|
|
2
|
50%
|
|
3
|
50%
|
|
4
|
40%
|
|
5
|
30%
|
|
6
|
20%
|
|
7
|
10%
|
|
8
|
10%
|
|
9
|
10%
|
|
10
|
5%
|
|
11
|
0%
|
No exemption pursuant to this chapter shall be granted unless:
A.
The use is one of the listed commercial, business, or industrial
uses as set forth in Schedule B of this chapter[1] and is a use that is allowed in the zoning district in
which the real property is located; and
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
B.
The real property is located in a qualified geographic area as set
forth in Schedule A of this chapter;[2] and
[2]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
The construction, alteration, installation or improvement was commenced
subsequent to the effective date of this chapter; and
D.
The cost of construction, alteration, installation or improvement
exceeds the sum of $50,000; and
E.
The construction, alteration, installation or improvement is completed,
as may be evidenced by a certificate of occupancy or other appropriate
documentation as provided by the owner.
No exemption shall be granted concurrent with or subsequent
to any other real property tax exemption granted to the same improvements
to real property except where, during the period of such previous
exemption, payments in lieu of taxes or other payments were made to
the local government in an amount that would have been paid on such
improvements had such property been granted an exemption pursuant
to this chapter. In such case, an exemption shall be granted for a
number of years equal to the ten-year exemption granted pursuant to
this chapter less the number of years the property would have been
previously exempt from real property taxes.
Such exemption shall be granted only upon application by the
owner of such real property on a form prescribed by the Town Assessor.
Such application shall be filed with the Assessor on or before the
appropriate taxable status date of the Town and within one year from
the date of completion of such construction, alteration, installation
or improvement. For purposes of this section, the date of completion
shall be the date on which a final certificate of occupancy is issued
by the Town.
If the Assessor is satisfied that the applicant is entitled
to an exemption pursuant to this chapter, she shall approve the application
and such real property shall thereafter be exempt from taxation and
special ad valorem levies as herein provided, commencing with the
assessment roll prepared after the taxable status date of March 1
of each year. 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 exemption shown
in a separate column.
This chapter shall not apply to property used primarily for
the furnishing of dwelling space or accommodations to either residents
or transients, other than hotels or motels.
In the event that real property granted an exemption pursuant
to this chapter ceases to be used primarily for eligible purposes,
the exemption granted pursuant to this chapter shall cease.
This chapter shall take effect immediately upon its filing with
the office of the Secretary of State of the State of New York and
the State Board of Real Property Services.
