[Ord. of 10-17-1990,
§ 2]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any maintenance or rehabilitation of a historic residence
consistent with the character of that property or district, as determined
in accordance with the state historical preservation commission guidelines,
as approved prior to construction and certified after the work has
been completed by the historic district commission for review by the
state historical preservation commission.
The state historical preservation commission as created by
G.L. 1956, § 42-45-2 et seq.
A historic residential property which is not subject to federal
depreciation allowance pursuant to § 167 or 168 of the Internal
Revenue Code and which is:
Located in a local historic district zone designated by the
Town pursuant to G.L. 1956, § 45-24.1-1 et seq. and certified
by the chairman and secretary of the Town historic district commission
as contributing to the character of that local historic district in
which it is located; or
Designated by the Town as an individual structure subject to
regulation by the Town historic district commission pursuant to G.L.
1956, § 45-24.1-1 et seq.
[Ord. of 10-17-1990,
§ 1]
The Town Council finds that preservation of the Town's historic
residences enhances an understanding of the Town and state heritage;
improves property values; fosters civic beauty; and promotes education,
pleasure and the public welfare.
[Ord. of 10-17-1990,
§ 7]
The tax assessor shall promulgate all application and certification
forms within the requirements of this article. The state historical
preservation commission shall establish guidelines for the maintenance
and rehabilitation of historic residences.
Appeals of decisions of the tax assessor under this article
shall be to the Board of Assessment Review for a full hearing de novo.
(a)
In order to further the purpose of this article, the Town will provide
a reduction in property tax liability of up to 20% each year for a
period of up to five years to the owner-occupant of a historic residence
who incurs substantial maintenance or rehabilitation costs in accordance
with this article. The reduction in property tax liability each year
shall be equal to 4% of the total cost of such rehabilitation or maintenance,
as certified by the state historical preservation commission, up to
a maximum of 20% of the property tax liability each year. Such liability
extends solely to the property rehabilitated or maintained, and specifically
referenced in this article.
(b)
The tax credit shall be subject to a maximum maintenance or rehabilitation
project of $12,000 per residence. Such limit therefore sets the maximum
tax reduction at $480 and is further limited to 20% of the real estate
taxes due against the property.
(c)
Such exemption shall not apply to municipal taxes assessed against
motor vehicles or personal property, but only the real estate upon
which certified maintenance or rehabilitation work has been completed.
Such exception shall not apply to any other liability against the
property due the Town, such as water or sewer assessment. In addition,
such exemption shall not accrue retroactively and shall be forfeited
by the owner of property who shall be delinquent in the payment of
any tax or other liability due the Town, whether against such property
or other property owned by the owner-occupant in the Town.
(d)
Such exemption shall not diminish, detract from, negate or otherwise
nullify any other property tax reduction, abatement or credit to which
the owner is otherwise eligible. Such other exception or credit shall
be applied to the gross tax due prior to the application of the reduction
described in this article.
(e)
The Town Council may from time to time set any newpply to the tax
assessor for such relief as is provided for under this article, by
completing and submitting an application, substantially in the form
of exhibit A, which is attached to Ordinance of 10-17-90 and made
a part of this article by reference.
(f)
Upon receiving such application, the tax assessor shall notify the
state historical preservation commission. The commission shall inspect
such maintenance or rehabilitation of the historic residence and make
a recommendation to the tax assessor who shall certify if it complies
with the commission's guidelines. The commission may establish a schedule
of reasonable fees for the processing of inspection of maintenance
and rehabilitation. The property owner shall be liable for the payment
of such fees. The property tax reduction shall commence in the year
in which the commission makes the inspection and certifies approval
of the maintenance or rehabilitation.
(g)
The tax assessor is empowered to require and demand any documents,
certifications or other by benefit from the provisions of this article
unless the owner of such historic residence shall grant to the state
historical preservation commission a restrictive covenant agreeing
that the historic residence shall retain its use and be maintained
in a manner which preserves the historic residence's rehabilitated
portions and the historic residence's character for a period equal
to the length of the property tax reduction or until title to the
property is transferred.
(h)
If a property is transferred prior to the payment of any taxes thereupon,
the entire property tax payment then due shall become due and payable
as otherwise provided for such tax year without reduction. If taxes
have been paid in whole or in part and the property is transferred,
one of the following provisions shall prevail:
(1)
If payment has been made in whole and the property is transferred,
partial credit shall be given for a portion of the reduction accrued
to the date of the property transfer. The portion of the tax reduction
no, § 44-4.1-5.
[Ord. of 10-17-1990,
§ 6]
If the owner of the property subject to this article fails to
keep the property nondepreciable or to maintain the property according
to the state historical preservation commission's guidelines during
the period of the tax reduction, the owner shall forfeit the property
tax reduction from the first instance of noncompliance as determined
and certified by the tax assessor.
[Ord. of 10-17-1990,
§ 5]
(a)
No historic residence maintained or rehabilitated may benefit from
the provisions of this article unless the owner of such historic residence
shall grant to the state historical preservation commission a restrictive
covenant agreeing that the historic residence shall retain its use
and be maintained in a manner which preserves the historic residence's
rehabilitated portions and the historic residence's character for
a period equal to the length of the property tax reduction or until
title to the property is transferred.
(b)
If a property is transferred prior to the payment of any taxes thereupon,
the entire property tax payment then due shall become due and payable
as otherwise provided for such tax year without reduction. If taxes
have been paid in whole or in part and the property is transferred,
one of the following provisions shall prevail:
(1)
If payment has been made in whole and the property is transferred,
partial credit shall be given for a portion of the reduction accrued
to the date of the property transfer. The portion of the tax reduction
not paid as part of the whole payment shall then become due as a condition
to transfer.
(2)
If payment is made in parts and the property is transferred,
full credit shall be given for the portion of the reduction accrued
to the date of the proposed transfer. Thereafter, subsequent payments
shall be adjusted and billed upon the full value of the property without
benefit of or reference to the tax reduction.
(c)
The tax assessor shall place against the property for which a tax
reduction under this article is awarded a notice in the Town registry
of deeds substantially in the form of exhibit B attached to the Ordinance
of 1-17-90 and made a part of this article by reference.
