[Adopted 4-20-2004 by L.L. No. 4-2004]
This article shall be known as the "Town of
Woodstock Historic Preservation and Property Tax Exemption Law."
This article is enacted pursuant to §§ 96-a
and 119-aa through 119-dd of the General Municipal Law, § 444-a
of the Real Property Tax Law, § 10 of the Municipal Home
Rule Law, § 130 of the Town Law, and other legislative authority
of the State of New York, as amended from time to time.
This real property tax exemption for historic
properties is enacted for the following purposes:
A.
To provide incentives for owners of property located
in districts designated as historic districts and owners of property
designated as historic by the Town of Woodstock Commission for Civic
Design to invest in the upkeep and rehabilitation of such properties;
B.
To assist homeowners who are interested in restoring
their own properties but may not be able to afford to do so when faced
with potential increases in property taxes as a result of the alterations
which would qualify for this exemption;
C.
To provide an incentive for the restoration and rehabilitation
of commercial properties which are designated as historic by the Town
of Woodstock Commission for Civic Design by providing financial advantages
which may help to attract and retain businesses in the Town of Woodstock;
D.
To provide financial incentives for investment in
affordable residential housing in structures or districts designated
as historic by the Town of Woodstock Commission for Civic Design;
E.
To provide a concrete benefit to offset the possible
financial disadvantages of owning historically or architecturally
significant properties which are subject to regulation by the Town
of Woodstock Commission for Civic Design and/or the Zoning Law of
the Town of Woodstock;[1] and
F.
To create a real property tax exemption that preserves
or increases the historic character of real property located within
the Town of Woodstock.
All properties, including those within designated
historic districts, that are listed on the Town of Woodstock Historic
Register shall be eligible for the exemption provided in this article.
Any property owner may apply to the Town of
Woodstock Commission for Civic Design, on such form or forms as may
be determined by the Commission for Civic Design from time to time,
for the inclusion of his or her property on the Town of Woodstock
Historic Register. Criteria for inclusion of a property on the Town
of Woodstock Historic Register are as follows:
A.
The real property shall be located within the boundaries
of the Town of Woodstock.
B.
For structures, they must not be less than 50 years
old unless the Commission for Civic Design determines that the property
is of exceptional value to the community. There shall be no age limitation
for parcels of vacant land that are historically significant, archaeologically
significant or significant to the culture of Woodstock.
C.
No parcel of real property shall be eligible for the
exemption provided unless at least one of the following criteria is
established:
(1)
The property is associated with documented events
significant to the Town of Woodstock;
(2)
The property is associated with the life of a person
or persons who, through documentation, have been found to be significant
to the history of Woodstock;
(3)
The property embodies a distinctive characteristic
of a type, period or method of construction, or represents the work
of a master, or possesses high artistic value, or represents a significant
distinguishable entity whose components may lack individual distinction;
or
(4)
The property has yielded, or may be likely to yield,
archaeological information important to the Town's prehistory or history.
A.
Only real property listed on the Town of Woodstock
Historic Register shall be exempt from taxation to the extent of any
increase in value attributable to alteration or rehabilitation of
such parcel of real property pursuant to the following schedule:[1]
|
Year of Exemption
|
Percent of Exemption
| |
|---|---|---|
|
1
|
100%
| |
|
2
|
100%
| |
|
3
|
100%
| |
|
4
|
100%
| |
|
5
|
100%
| |
|
6
|
80%
| |
|
7
|
60%
| |
|
8
|
40%
| |
|
9
|
20%
| |
|
10
|
0%
|
B.
No such exemption shall be granted for such alterations
or rehabilitation unless:
(1)
Such property has been included on the Town of Woodstock
Historic Register;
(2)
Alterations or rehabilitation must be made for the
purpose of historic preservation;
(3)
Such alterations or rehabilitation of historic property
is approved by the Town of Woodstock Commission for Civic Design prior
to commencement of work; and
(4)
Alterations or rehabilitation is commenced subsequent
to the effective date of this article.
C.
In addition to inclusion on the Town of Woodstock
Historic Register, such exemption shall be granted only by application
to the Assessor of the Town of Woodstock by the owner or owners of
such historic real property on a form prescribed by the New York State
Board of Real Property Services. The application shall be filed with
the Assessor of the Town of Woodstock on or before the taxable status
date of the Town of Woodstock.[2]
D.
The exemption provided herein shall be granted where
the Assessor is satisfied that the applicant is entitled to an exemption
pursuant to the provisions of this article. Upon approval by the Assessor,
such real property shall be exempt from taxation and special ad valorem
levies as provided herein, commencing with the assessment roll prepared
on the basis of the taxable status date.
