[Adopted 8-14-1978 by L.L. No. 1-1978 (Ch.
162, Art. II, of the 1989 Code)]
The Town Board of the Town of Manchester, Ontario
County, New York, desires to carry out the intent and purpose of Article
4-A of the Commerce Law of the State of New York, as last amended
by Chapter 675 of the Laws of 1977,[1] § 485 of the Real Property Tax Law[2] and other applicable laws of the State of New York by granting to business facility owners or operators an exemption from real estate taxes and special ad valorem levies to the extent provided in the aforementioned statutes of the State of New York and as set forth in § 281-7 of this article.
[1]
Editor's Note: Article 4-A, §§ 115
to 121, of the Commerce Law (now Economic Development Law) was repealed
by L. 1983, c. 15, § 57; see now § 485-b of the
Real Property Tax Law.
[2]
Editor's Note: Section 485 of the Real Property
Tax Law was repealed by L. 1988, c. 165, § 5, effective
6-27-1988. This law also has savings provisions for local laws adopted
under former § 485.
An exemption from taxation and special ad valorem levies as set forth in § 281-7 of this article is hereby granted to eligible facilities as defined in Article 4-A of the Commerce Law of the State of New York, as last amended, located within the Town of Manchester, from taxes and special ad valorem levies imposed by or in behalf of the Town of Manchester for Town or part-Town purposes.
An eligible business facility as defined by
the New York State Job Incentive Board, pursuant to § 120
of the Commerce Law of the State of New York, shall be exempt from
taxes and special ad valorem levies imposed by the Town of Manchester
for Town and part-Town purposes for any increase in value 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 consisting of construction, reconstruction, erection
or improvements of depreciable real property 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 or is renewed or extended as provided by § 120
of the Commerce Law.
Such exemption shall be granted only upon an
application by an owner or operator who has received a 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 date. Copies of such application
shall be filed with the New York State Job Incentive Board and the
State Board.
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 certificate
of eligibility issued pursuant to § 120 of the Commerce
Law of the State of New York 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.
If an exemption has once been granted for a
business facility under this article and the Assessors receive notice
that a certificate or 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 shown on such assessment roll,
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.
Upon the Assessors' having determined that the
eligible business is so entitled, they shall grant an exemption from
taxes and special ad valorem levies imposed by or on behalf of the
Town of Manchester for Town purposes, with said exemption to continue
from year to year for a maximum of 10 successive years, in accordance
with the following schedule of exemptions for each eligible facility
only if the certificate of eligibility is not revoked or modified
and if renewed or extended by the New York State Job Incentive Board:
|
Year
|
Exemption
|
|---|---|
|
1st
|
100%
|
|
2nd
|
100%
|
|
3rd
|
100%
|
|
4th
|
50%
|
|
5th
|
50%
|
|
6th
|
25%
|
|
7th
|
25%
|
|
8th
|
25%
|
|
9th
|
25%
|
|
10th
|
25%
|
