[Adopted 11-14-1978 by L.L. No. 1-1978]
An exemption from taxation and special ad valorem
levies for six years after the adoption hereof is hereby granted to
"eligible business facilities" as defined in § 115 of the
Commerce Law[1] of the State of New York, located in the Town of Deerpark,
from taxes and special ad valorem levies imposed by or in behalf of
Town of Deerpark for Town of Deerpark purposes in the following amount
for the following years:
|
Years
|
Percent of Exemption
|
|---|---|
|
1
|
100%
|
|
2
|
100%
|
|
3
|
100%
|
|
4
|
80%
|
|
5
|
50%
|
|
6
|
20%
|
[1]
Editor's Note: See now the Economic Development
Law.
An "eligible business facility" as defined by
the New York State Job Incentive Board, pursuant to §§ 115
and 120 of the Commerce Law[1] of the State of New York, shall be exempt from taxes and
special ad valorem levies imposed by the Town of Deerpark for Town
of Deerpark purposes for any increase in the value thereof which is
attributable to expenditures certified by the Job Incentive Board
to have been paid or incurred by the owner or operator for capital
improvements commenced on or after the effective date of this article,
consisting of the construction, reconstruction, erection or improvement
of depreciable real property included in such facility, and such exemptions
shall be continued from year to year during the specified period only
if the certificate of eligibility with respect to such business facility
is not revoked or modified and is renewed or extended as provided
by § 120 of the Commerce Law.
[1]
Editor's Note: See now the Economic Development
Law.
Such exemption shall be granted only upon an
application by the owner or operator of such facility on a form prescribed
by the New York State Job Incentive Board, to which there shall be
attached a copy of the certificate of eligibility issued by the New
York State Job Incentive Board. Such application shall be filed with
the appropriate assessing authorities on or before the appropriate
taxable status dates. Copies of such applications shall be filed simultaneously
with the New York State Job Incentive Board and the State Board of
Real Property Services.
The Assessors shall consider the application
for such exemption, and if the same is in order shall determine the
assessed value of such exemption in accordance with the above-mentioned
certificate of eligibility, issued pursuant to § 120 of
the Commerce Law of the State of New York,[1] and enter such value on the "exempt" portion of the assessment
roll. The eligible business facility shall then be exempt to the extent
provided by this article from taxes and special ad valorem levies
commencing with the assessment roll prepared on the next-following
taxable status date.
[1]
Editor’s Note: See now the Economic Development Law.
If an exemption has once been granted for a
business facility under this section and the Assessors receive notice
that a certificate of eligibility of such facility has been revoked
or modified, they shall redetermine the assessed value of any such
exemption in accordance with such revocation or modification. If upon
such redetermination it appears for a year for which an exemption
has been granted that such facility has been ineligible or that the
assessed value of such exemption as redetermined is less than the
assessed value of such exemption, as shown on the assessment rolls
for such year, then a tax shall be levied at the rate of tax for such
year upon so much of the assessed valuation of such exemption, as
shown on such assessment rolls, as may be ineligible or excessive.
Such tax shall be levied as an omitted assessment in the manner provided
in § 550 of the Real Property Tax Law[1] for each such year. Any such redetermination shall be
made no later than three years after the applicant for exemption last
received benefit of any exemption under said § 485 of the
Real Property Tax Law.[2]
