[Adopted 9-28-1998 by L.L. No. 6-1998]
This real property tax exemption for certain 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 maintenance and rehabilitation of historic properties;
To preserve and increase the historic character of real property located within the historic districts in the Village of Fayetteville; and
This article is intended to apply to alterations or rehabilitations of historic property as authorized pursuant to § 444-a of the New York State Real Property Tax Law to the extent set forth herein.
The following definitions shall apply to terms used in this article:
- DWELLING UNIT
- A building or portion thereof consisting of one or more rooms with provision for living, sleeping, cooking and sanitary facilities designed to be shared by one or more persons living therein.
- EXTERIOR WORK
- Work visible from the outside of the structures on the premises.
- INTERIOR WORK
- Work that is not exterior work.
Certain approved alterations, repairs or improvements to historic property, as set forth at § 159-33, located within the historic districts set forth on the Village of Fayetteville Zone Map, and made subsequent to the effective date of this article, shall be exempt from Village real property taxes and special ad valorem taxes, to the extent set forth in the next subsection.
The tax exemption shall be to the extent of any increase in value attributable to such alterations, repairs or improvements multiplied by the applicable percentage set forth in the following schedule:
No such exemption shall be granted for such alterations or rehabilitation unless all of the following conditions are met:
Such property must be located in the Village of Fayetteville Historic Districts or otherwise be placed on the National Register of Historic Places; and
A certificate of appropriateness must be obtained from the Village's Historic Preservation Commission for all alterations, repairs or improvements requiring same prior to commencement of work; and
The alterations, repairs or improvements must be commenced subsequent to the effective date of this article.
The alterations, repairs or improvements must be for the purpose of historic preservation. For the purposes of qualifying for a tax exemption, pursuant to this article, the alterations, repairs or improvements shall be deemed to be for the purpose of historic preservation if:
Only exterior work is involved; or
At least 20% of the total cost of the work for which an exemption is sought is directly attributable to exterior work and/or work that enhances the structural stability or structural integrity of the property.
Notwithstanding the foregoing, that portion of interior work done for the purpose of converting property to increase the number of dwelling units on the premises, and any increase in value resulting from such conversion, shall not qualify for the exemption; or
The work returns a building to a permitted use where such building has not been used for a permitted use for a continuous period of at least two years.
For properties located outside of the Village of Fayetteville Historic Districts that are eligible because they are placed on the National Register of Historic Places, the following additional conditions apply:
A certificate of appropriateness must be obtained from the Village's Historic Preservation Commission for all alterations, repairs or improvements requiring same prior to commencement of work as if the property were located within the Village of Fayetteville Historic Districts.
Applications for a certificate of appropriateness shall be made pursuant to the same procedure as is applicable to properties located within the Village of Fayetteville Historic Districts.
The Village of Fayetteville Historic Preservation Commission shall review applications for a certificate of appropriateness made pursuant to this section, as though the property was located within the Village of Fayetteville Historic Districts.
This exemption shall be granted only by application of the owner(s) of eligible real property on a form prescribed by the State Equalization and Assessment Board. The application, along with any other required permits or certificate of appropriateness, shall be filed with the Town Assessor, who is the Assessor for the Village of Fayetteville, on or before the appropriate taxable status date covering Village real property or such earlier date as is specified under duly established procedures of the Town Assessor.
Such exemptions shall be granted where the Town 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 Village real property taxation as provided in the schedule established in § 159-32B of this article commencing with the assessment roll prepared on the basis of the taxable status date referred to in the preceding subsection.
The assessed value of any exemption granted pursuant to this article shall be entered by the Town Assessor on the assessment roll with the taxable property, with the amount of the exemptions shown in a separate column.