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Village of Port Chester, NY
Westchester County
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Table of Contents
Table of Contents
[Adopted 3-23-2000 by L.L. No. 3-2000; amended in its entirety 2-21-2023 by L.L. No. 2-2023[1]]
[1]
Editor's Note: This local law also renumbered former §§ 293-19 through 293-30 as §§ 293-23 through 293-34, respectively.
The purpose of this article is to grant volunteer firefighters an exemption from real property taxes as authorized by Real Property Tax Law, § 466-a of the State of New York.
A. 
Real property owned by an enrolled volunteer member of the Port Chester Fire Department or such enrolled member and spouse residing within the Village of Port Chester shall be exempt from taxation to the extent of 10% of the assessed value of such property for Village purposes, exclusive of special assessments.
B. 
Such exemption shall not be granted to an enrolled member of the Port Chester Fire Department unless:
(1) 
The applicant resides within the Village of Port Chester;
(2) 
The property is the primary residence of the applicant;
(3) 
The property is used exclusively for residential purposes; provided, however, that in the event any portion of such property is not used exclusively for the applicant’s residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section; and
(4) 
The applicant has been certified by the Village of Port Chester as an enrolled member of said Department having served a minimum of two consecutive years of service. The Village Clerk shall determine eligibility for the exemption established hereunder utilizing the official service record in his/her office of such applicant.
Any enrolled member of the Port Chester Fire Department who accrues more than 20 years of active service, and is so certified by the Village Clerk, shall be granted the ten-percent exemption for the remainder of his or her life as long as his or her primary residence is located in the Village of Port Chester.
Unremarried spouses of volunteer firefighters killed in the line of duty shall be entitled to continue the partial exemption granted hereunder; provided, however, that:
A. 
Such unremarried spouse is certified by the Village Clerk as an unremarried spouse of an enrolled member of the Port Chester Fire Department who was killed in the line of duty; and
B. 
Such deceased volunteer had been an enrolled member for at least five years; and
C. 
Such deceased volunteer had been receiving the exemption prior to his or her death.
Unremarried spouses of deceased volunteer firefighters shall be entitled to continue the partial exemption granted hereunder; provided, however, that:
A. 
Such unremarried spouse is certified by the Village Clerk as an unremarried spouse of an enrolled member of the Port Chester Fire Department who is deceased; and
B. 
Such deceased volunteer had been an enrolled member for at least 20 years; and
C. 
Such deceased volunteer and unremarried spouse had been receiving the exemption prior to his or her death.
A volunteer firefighter must annually, on or before the applicable taxable status date, file an application for such property tax exemption with the Assessor on a form as prescribed by the New York State Commissioner of Taxation and Finance.