[Adopted 6-20-2006 by L.L. No. 2-2006]
This article is enacted pursuant to the provisions
of § 469 of the Real Property Tax Law of New York State,
§ 10 of the Municipal Home Rule Law, § 10 of the
New York Statute of Local Governments, and other legislative authority
of the State of New York, as amended from time to time.
A.
It is a purpose of this article to exempt from real
property taxes the increase in assessed value to residential property
in the Town of Woodstock attributable to the construction or reconstruction
of living quarters so as to provide an auxiliary dwelling unit for
a parent or grandparent of the owner(s) or spouse of the (an) owner
of such property, to the extent provided by and in accordance with
the provisions of this article.
This article shall be known and may be cited
as the "Partial Real Property Tax Exemption for Living Quarters for
a Parent or Grandparent."
For purposes of this article, "parent" or "grandparent"
shall include the natural or adopted parent or grandparent of the
owner(s) or spouse of the (an) owner of the real property for which
the partial tax exemption is sought.
An application for the partial real property
tax exemption which is the subject of this article shall be approved
only if all the following requirements are satisfied:
A.
The real property for which the partial tax exemption
is requested shall be the primary residence of the owner who is applying
for the partial tax exemption.
B.
At least one of the occupants of the living quarters
for which the partial tax exemption is requested shall be the parent
or grandparent of the owner(s) or spouse of the (an) owner of the
real property for which the partial tax exemption is sought.
C.
The living space constructed or reconstructed for
which the partial tax exemption is requested shall be the primary
residence of at least one parent or grandparent as defined in this
article.
D.
Age requirement of parent or grandparent.
(1)
At least one of the parents or grandparents for whom
the living quarters have been constructed or reconstructed shall be
at least 62 years of age on or before the taxable status date for
the year for which the partial tax exemption is requested.
(2)
Proof of age of the parent or grandparent shall be provided pursuant to the provisions of § 209-27B(1) of this article.
E.
The construction or reconstruction which is the subject
of this article shall:
(1)
Have been completed subsequent to the effective date
of this article.
(3)
Not be undertaken on a property where there exists
any outstanding violation of the provisions of the Zoning Law of the
Town of Woodstock, the New York State Uniform Fire Prevention and
Building Code, or any other applicable local law, rule or regulation.
A.
Application for the partial real property tax exemption
authorized by this article shall be filed:
(1)
By the (an) owner of the real property upon which
the eligible living quarters have been constructed or reconstructed.
(2)
In the office of the Woodstock Town Assessor.
(3)
On a form promulgated by the New York State Office
of Real Property Services.
(4)
For each year for which the partial tax exemption
is sought.
(5)
On or before taxable status date for the Town of Woodstock
in the year for which the partial tax exemption is sought.
A.
Except as provided in Subsection B:
(1)
The partial real property tax exemption, if approved, shall only apply during the taxable year for which application is made pursuant to § 209-27 and provided that all eligibility requirements provided in this article are satisfied.
(2)
There shall be no limitation on the number of years
for which the partial real property tax exemption authorized by this
article may be granted, provided that application is made each year
pursuant to the provisions of this article.
B.
A partial tax exemption granted pursuant to the provisions of this article shall be revoked as of the date of any change in eligibility upon written notification to the Woodstock Assessor of such change as provided in § 209-27B(3) of this article.
The partial exemption from taxation and special
ad valorem levies shall be limited to the lesser of:
A.
The increase in assessed value of the residential
property attributable to construction or reconstruction for the purpose
of providing living quarters to a qualified parent or grandparent;
B.
Twenty percent of the total assessed value of the
property as improved; or
C.
Twenty percent of the median sale price of residential
property in Ulster County as reported in the most recent Statistical
Sales Summary published by the New York State Office of Real Property
Services.
Conviction by a court of competent jurisdiction
of an applicant having made any willful false statement in the application
for the partial tax exemption authorized by this article shall:
