[Adopted 5-19-2009 by L.L. No. 3-2009]
A.
By Chapter 50-A of the Laws of New York for 1996, as amended, the
New York State Legislature enacted § 483-b of the Real Property
Tax Law authorizing the adoption of a local law to provide tax exemptions
for historic barns that are reconstructed or rehabilitated.
B.
The purpose of this article is to provide tax exemptions for historic
barns that are reconstructed or rehabilitated as authorized by § 483-b
of the Real Property Tax Law of the State of New York.
Historic barns which are reconstructed or rehabilitated shall
be exempt from taxation to the extent provided hereinafter. A copy
of this article shall be filed with the State Board and the Assessor
of the Town who prepares the assessment roll on which the taxes of
the Town are levied.
Such barns shall be exempt for a period of one year to the extent
of 100% of the increase in assessed value thereof attributable to
such reconstruction or rehabilitation and for an additional period
of nine years, subject to the following:
A.
The extent of such exemption shall be decreased by 10% of the "exemption base" each year during such additional period. The "exemption base" shall be the increase in assessed value as determined in the initial year of the term of the exemption, except as provided in Subsection B of this section.
B.
In any year in which a change in level of assessment of 15% or more
is certified for a final assessment roll pursuant to the rules of
the State Board, the exemption base shall be multiplied by a fraction,
the numerator of which shall be the total assessed value of the parcel
on such final assessment roll (after accounting for any physical or
quantity changes to the parcel since the immediately preceding assessment
roll), and the denominator of which shall be the total assessed value
of the parcel on the immediately preceding the final assessment roll.
The result shall be the new exemption base. The exemption shall thereupon
be recomputed to take into account the new exemption base, notwithstanding
the fact that the Assessor receives certification of the change in
level of assessment after the completion, verification and filing
of the final assessment roll. In the event the Assessor does not have
custody of the roll when such certification is received, the Assessor
shall certify the recomputed exemption to the local officers having
custody and control of the roll, and such local officers are hereby
directed and authorized to enter the recomputed exemption certified
by the Assessor on the roll. The Assessor shall give written notice
of such recomputed exemption to the property owner, who may, if he
or she believes that the exemption was recomputed incorrectly, apply
for a correction in the manner provided by Title 3 of Article 5 of
the Real Property Tax Law of the State of New York for the correction
of clerical errors.
A.
No such exemption shall be granted for reconstruction or rehabilitation
unless such reconstruction or rehabilitation was commenced subsequent
to the effective date of this article or was commenced no more than
two years prior to the effective date of this article and is still
under such reconstruction or rehabilitation as of the effective date
of this article.
B.
No such exemption shall be granted to an historic barn which is receiving
an exemption pursuant to § 483 of the Real Property Tax
Law of the State of New York or which has received an exemption pursuant
to that section within 10 years of the date of the application for
exemption filed pursuant to this article.
C.
No such exemption shall be granted to an historic barn which is used
for residential purposes.
D.
No such exemption shall be granted for reconstruction and rehabilitation
expenses that materially alter the historic appearance of the barn.
A.
Such exemption shall be granted only upon application by the owner
of such barn on a form prescribed by the State Board. The application
shall be filed with the Assessor of the Town having the power to assess
property for taxation on or before the appropriate taxable status
date of the Town.
B.
If satisfied that the barn is entitled to an exemption pursuant to this article, the Assessor shall approve the application and such barn shall thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared on the basis of the taxable status date referred to in Subsection A of this section. The assessed value of any exemption granted pursuant to this article shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.
For the purposes of this article, an historic barn shall mean
a structure that was at least partially constructed before 1936 and
that was originally designed and used for storing farm equipment or
agricultural products, or for housing livestock.
This article shall take effect immediately and shall apply to
assessment rolls based on taxable status dates occurring on or after
such date.
