Town of Bath, NY
Steuben County
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[Adopted 8-14-2000 by L.L. No. 4-2000]
The purpose of this article to provide real estate tax relief for historic barns which are reconstructed or rehabilitated pursuant to the provisions of § 483-b of the Real Property Tax Law of the State of New York.
Historic barn defined. 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.
Historic barns which are reconstructed or rehabilitated shall be exempt from taxation to the extent provided hereinafter.
Period of exemption; ineligibility.
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:
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(2)(a)[2] of this subsection.
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 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 that 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 three of article five of Chapter 30 of the Laws of 1996 for the correction of clerical errors.
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.
No such exemption shall be granted to a historic barn which is receiving an exemption pursuant to § 483 of the Real Property Tax Law 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 section.
No such exemption shall be granted to an historic barn which is used for residential purposes.
No such exemption shall be granted for reconstruction and rehabilitation expenses that materially alter the historic appearance of the barn.
Such exemption shall be granted only upon application by the owner of such barn on a form prescribed by the State of New York. The application shall be filed with the Assessor of the city, town, village or county having the power to assess property for taxation on or before the appropriate taxable status date of such city, town, village or county.
If satisfied that the barn is entitled to an exemption pursuant to this section, 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 B(2)(c) of this section. The assessed value of any exemption granted pursuant to this section 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.