This article is adopted pursuant to the authority of the Real
Property Tax Law § 485-b, Subdivision 7. All definitions,
terms and conditions of such statute shall apply to this article.
Real property constructed, altered, installed or improved subsequent
to the effective date of this article for the purpose of commercial,
business or industrial activity shall be eligible for partial exemption
from taxation and special ad valorem levies for the increase in assessed
value attributable thereto to the extent provided in § 485-b
of the Real Property Tax Law of the State of New York, and as hereinafter
provided. For purposes of this article the terms "construction," "alteration,"
"installation," and "improvement" shall not include ordinary maintenance
and repairs.
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 New York State Board of Real Property Services, 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 the 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 3 of Article 5 of the New York State Real Property Tax Law
for the correction of clerical errors.
The construction, alteration, installation or improvement is completed
as may be evidenced by a certificate of occupancy or other appropriate
documentation as provided by the owner.
No exemption shall be granted concurrent with or subsequent to any
other real property tax exemption granted to the same improvements
to real property except where, during the period of such previous
exemption, payments in lieu of taxes or other payments were made to
the local government in an amount that would have been paid on such
improvements had such property been granted an exemption pursuant
to this section. In such case, an exemption shall be granted for a
number of years equal to the ten-year exemption granted pursuant to
this section less the number of years the property would have been
previously exempt from real property taxes.
Such exemption shall be granted only upon application by the owner
of such real property on a form prescribed by the State Board of Real
Property Services. Such 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 or county and
within one year from the date of completion of such construction,
alteration, installation or improvement.
If the Assessor is satisfied that the applicant is entitled to an
exemption pursuant to this article, he or she shall approve the application
and such real property shall thereafter be exempt from taxation and
special ad valorem levies as herein provided, commencing with the
assessment roll prepared after the taxable status date of March 1
of each year. 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.
This article shall not apply to property used primarily for the furnishing
of dwelling space or accommodations to either residents or transients
other than hotels or motels.
In the event that real property granted an exemption pursuant to
this section ceases to be used primarily for eligible purposes, the
exemption granted pursuant to this section shall cease.
This article shall take effect immediately upon its filing with
the office of the Secretary of State of the State of New York and
the State Board of Real Property Services.