This article is enacted pursuant to the provisions of § 485-a
of the Real Property Tax Law of the State of New York to grant a partial
exemption from taxation to certain real property located within the
Village of Perry, which has been converted to a mixed use of commercial
and residential use.
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person obligated to pay real property taxes on the property
for which an exemption from real property taxes under this article
is sought.
COMMERCIAL CONSTRUCTION WORK
The modernization, rehabilitation, expansion or other improvement
of 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 in mixed-use property.
EXEMPTION BASE
The increase in the assessed value of real property attributable
to the amount invested, exclusive of the cost of ordinary maintenance
and repairs, to convert such real property to mixed-use property,
as hereinafter defined.
MIXED-USE PROPERTY
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 use.
PERSON
An individual, corporation, limited-liability company, partnership,
association, agency, trust, estate, foreign or domestic government
or subdivision thereof, or other entity.
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.
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 Tax Services. Such application shall be filed with
the Village Assessor on or before the appropriate taxable status date
of the Village.
If the Village 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 provided herein commencing with the assessment roll prepared after the taxable status date referred to in §
384-36 of this article. The assessed value of any exemption granted pursuant to this article shall be entered by the Village Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.
All ordinances, local laws and parts thereof inconsistent with
this article are hereby repealed.
If any clause, sentence, paragraph, subdivision, or part of
this article or the application thereof to any person, firm or corporation,
or circumstance, shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this article or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
This article shall take effect upon its filing with the New
York State Secretary of State.