[Adopted 9-14-2004 by L.L. No. 2-2002 (Ch.
162, Art. V, of the 1989 Code)]
A new Article V is hereby inserted into Chapter 162 of the Code of the Town of Manchester as constituted by Local Law Amendment No. 2-2004 which provides that, pursuant to § 485-g of the Real Property Tax Law, residential building lots which are part of a subdivision plat, for residential development which includes infrastructure intended to be dedicated to the Town, or a special district thereof, shall be exempt from taxation to the extent of the increased assessed value of such lots resulting from the addition of such infrastructure for a period until the issuance of a certificate of occupancy but in no event longer than three years from the granting of the exemption which certifies that a residence is constructed on a building lot in said subdivision.
The Town Board of the Town of Manchester finds
and hereby determines that it is necessary to provide for such exemptions
to encourage residential development in the Town.
The Town Board has adopted this article under
the authority of § 485-g of the Real Property Tax Law of
the State of New York.
As used in this article, the following terms
shall have the meanings indicated:
The Town Assessor for the Town of Manchester as appointed
or elected.
The value of the infrastructure proportionately applied to
each of the lots in the subdivision as determined by the Assessor.
A subdivision approved and the plat filed with the County
Clerk's office prior to the effective date of this article.
Shall be comprised of the following public facilities which
are intended to be dedicated to the municipal corporation or a special
district thereof: streets, storm and sanitary sewers, drainage facilities
and any other facilities required by the municipality to be installed
in such residential subdivision as noted on the filed plat plan for
such residential subdivision.
A subdivision approved by the Town or its agencies and the
plat filed with the County Clerk's office after the effective date
of this article.
The office established in the Executive Department pursuant
to Real Property Tax Law § 201.
Any plat of a subdivision which shall be improved by a building
or structure designed and occupied exclusively for residential purposes,
but not more than two families.
The division of any parcel of land into any number of residential
building lots, blocks or sites as provided in the Town's ordinances,
local laws and regulations.
The date determined annually as required in Real Property
Tax Law § 302.
Infrastructure improvements for residential
building lots reconstructed, altered, or improved for residential
purposes.
A.Â
Ownership requirements. The property must be owned
by a private individual or organization.
B.Â
Property location requirements. The property must
be located within the Town of Manchester. The property must be located
on residential building lots which are part of a subdivision plat
for residential development which includes infrastructure intended
to be dedicated to the municipal corporation or a special district
thereof.
C.Â
Property use requirements. The property must be used
as infrastructure on residential building lots.
D.Â
Certification. The owner of the subdivision must file
a subdivision plat which shows the facilities which comprise the infrastructure
eligible for this exemption.
A.Â
Residential building lots that are part of a residential
subdivision approved by the Town or its agencies, which include infrastructure
intended to be dedicated to the Town or a special district thereof,
shall be exempt from taxation to the extent of the assessed value
resulting from the addition of such infrastructure. Such exemption
shall be granted until the issuance of a certificate of occupancy
for such lot or lots, or the occupancy of a residence constructed
on said lot or lots, but in no event longer than three years from
the effective date of the exemption.
B.Â
Application.
(1)Â
To obtain an infrastructure exemption, an owner of
real property constituting a residential subdivision must file an
application with the Town Assessor on a form prescribed by the New
York State Office of Real Property Services.
(2)Â
The application shall be filed with the Assessor on
or before the taxable status date and, for a new residential subdivision,
not later than one year from the date of completion of construction,
installation, or improvements of the infrastructure within the residential
subdivision and the acceptance of dedication thereof by the Town or,
for an existing residential subdivision, within one year from the
effective date of this article.
C.Â
The Assessor, upon review of the application made
by the owner and determination that such owner is entitled to the
exemption, shall approve such application, and the value of the infrastructure
proportionately applied to each of the lots in the residential subdivisions
shall be exempt from taxation commencing with the assessment roll
prepared after the taxable status date.
D.Â
The assessed value of any infrastructure exemption
shall be entered by the Assessor on the assessment roll with the taxable
property, with the amount of the exemption entered in a separate column.
The exemption shall terminate upon three years
from the granting of the exemption or upon granting of a certificate
of occupancy; whichever event shall occur first.
A copy of this article shall be filed with the
Office of Real Property Services.
