[Adopted 9-28-1998 by L.L. No. 6-1998]
A. This real property tax exemption for certain historic
properties is being enacted in order to achieve the following goals:
(1) To increase incentives for property owners in historic
districts to invest in the maintenance and rehabilitation of historic
properties;
(2) To preserve and increase the historic character of
real property located within the historic districts in the Village
of Fayetteville; and
(3) To provide a benefit for restoring or improving historically or architecturally significant properties which are subject to and in compliance with the Village's Historic Preservation Local Law (Chapter
187, Zoning, Article
VIII).
B. 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.
PERMITTED USE
A use permitted in the zone where the property is located under the Village of Fayetteville Zoning Law (Chapter
187).
A. 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.
B. 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:
|
Year Following Completion of Work
|
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 conditions
are met:
A. Such property must be located in the Village of Fayetteville
Historic Districts or otherwise be placed on the National Register
of Historic Places; and
B. All alterations, repairs or improvements must meet applicable standards and requirements set forth in the Village of Fayetteville Zoning Law, including the article pertaining to Historic Preservation (Chapter
187) and the Fire Prevention and Building Administration Local Law (Chapter
78); and
C. 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
D. The alterations, repairs or improvements must be commenced
subsequent to the effective date of this article.
E. 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:
(1) Only exterior work is involved; or
(2) 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.
(a)
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
(3) 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.
F. 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:
(1) 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.
(2) 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.
(3) 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.
(4) The Village of Fayetteville Historic Preservation Commission is hereby empowered to review such applications pursuant to those provisions of Chapter
187, Zoning, applicable to such certificates of appropriateness.
A. 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.
B. 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.
C. 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.