This article is enacted pursuant to the authority conferred
by New York State Real Property Tax Law § 485-n and shall
be called the "Village of Geneseo Real Property Tax Exemptions for
Improvements to Commercial or Residential Real Property."
It has been determined by the Village Board of Trustees that
it is in the best interest of the public health, safety and welfare
to encourage the investment in improvements in commercial or residential
real properties. It will serve the public interest to allow for certain
qualified real property tax exemptions in order to encourage investment
in such improvements.
As used in this article, the following terms shall have the
following meanings:
APPLICANT
Any property owner obligated to pay real property taxes on
real property for which an exemption from taxes under this article
is sought.
BENEFIT AREA
The area within the Village, to which an exemption applies
pursuant to this article.
COMMERCIAL CONSTRUCTION WORK
The modernization, rehabilitation, expansion or other improvement
of commercial use property or the portion of mixed-use property to
be used for commercial purposes.
COMMERCIAL PURPOSE OR USE
The buying, selling or otherwise providing of goods or services,
including hotel services, or other lawful business or commercial activities
permitted upon mixed-use property.
COMMERCIAL-USE PROPERTY
Real property on which will exist, after completion of commercial
construction work, a building used for commercial purposes or use.
MIXED-USE PROPERTY
Real property on which will exist, after completion of residential
construction work or a combination of residential construction work
and commercial construction work, a building or structure used for
both residential and commercial purposes.
PLANNING BOARD
The Board appointed by the Village Board of Trustees and acting as prescribed by §
117-39 of this article.
RESIDENTIAL CONSTRUCTION WORK
The creation, modernization, rehabilitation, expansion or
other improvement of dwelling units, other than dwelling units in
a hotel, in the portion of mixed-use property to be used for residential
purposes.
The Village of Geneseo Planning board shall hereby have the
additional duties as are hereinafter provided.
A. The Planning Board shall continue to be a five-member Board appointed
by the Village Board of Trustees for the terms set by the Village
Board of Trustees.
B. The Planning Board shall present a plan to the Village Board of Trustees
concerning the various types of commercial and/or mixed-use properties
which may be granted an exemption pursuant to this article. Said plan
shall:
(1) Identify designated benefit areas;
(2) Consider the planning objectives of the Village;
(3) Determine the necessity of the exemption for the attraction of commercial
and mixed-use development as identified by the Village;
(4) Determine the economic benefit of providing exemptions to commercial
and mixed-use properties to the benefit area.
In instances where the Village has previously designated a business
district encompassing a defined area which was subject to public input
and was approved by and received funding for economic development
purposes from a state agency, the Village may utilize the defined
boundaries of such previously defined area, or a combination of such
boundaries with properties subject to review by the Planning Board,
to determine the benefit area.