[Adopted 3-23-2016 by L.L. No. 1-2016]
This Article is enacted by the authority conferred by New York
Real Property Tax Law § 485-n and shall be called the "Village
of Livonia Real Property Tax Exemptions for Improvements to Commercial
or Residential Real Property Law."
It has been determined by the Village of Livonia 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:
Any person obligated to pay real property taxes on real property
for which an exemption from taxes under this article is sought.
The area within the Village of Livonia, to which an exemption
applies pursuant to this article.
The modernization, rehabilitation, expansion or other improvement
of commercial use property or the portion of mixed-use property to
be used for commercial purposes.
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.
Real property on which will exist, after completion of commercial
construction work, a building used for commercial purposes or use.
The Board appointed by the Village Board of Trustees and acting as prescribed by § 136-35 of this article.
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.
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.
There is hereby established the Commercial/Mixed Use Incentive
Board (CMUIB) which shall be constituted and have the duties as hereinafter
provided.
A.
The CMUIB shall consist of three members appointed by the Village
of Livonia Board of Trustees for the terms as set by the Village of
Livonia Board of Trustees. Said members may be chosen from any Village
Board members.
B.
The CMUIB shall present a plan to the Village of Livonia 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 of Livonia.
(3)
Determine the necessity of the exemption for the attraction of commercial
and mixed use development as identified by the Village of Livonia.
(4)
Determine the economic benefit of providing exemptions to commercial
and mixed-use properties to the benefit area.
In instances where the Village of Livonia has previously designated
a commercial 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 of Livonia may
utilize the defined boundaries of such previously defined area, or
a combination of such boundaries, with properties subject to review
by the Commercial/Mixed-Use Incentive Board to determine the benefit
area.
A.
Increase in assessed value.
(1)
For a period of 12 years following the approval of an application as hereinafter provided, the increase in assessed value of such property attributable to a conversion, creation, modernization, rehabilitation, expansion or other improvement shall be exempt as provided in Subsection A(2) of this section. Such exemption shall be computed with respect to the "exemption base." The exemption base shall be determined for each year in which there is an increase in assessed value so attributable from that of the previous year's assessed value.
(2)
The tax exemption shall be computed as follows:
|
Year of Exemption
|
Percentage of Exemption
|
|---|---|
|
1 through 8
|
100% of exemption base
|
|
9
|
80% of exemption base
|
|
10
|
60% of exemption base
|
|
11
|
40% of exemption base
|
|
12
|
20% of exemption base
|
B.
No such exemption shall be granted unless:
(1)
Such conversion, creation, modernization, rehabilitation, expansion
or other improvement was commenced subsequent to the date of the effective
date of this article; and
(2)
The cost of such conversion, creation, modernization, rehabilitation,
expansion or other improvement exceeds the sum of $10,000 or such
greater amount as may be specified by local law.
C.
For purposes of this section the term "conversion, creation, modernization,
rehabilitation, expansion or other improvement" shall not include
ordinary maintenance and repairs.
D.
No such exemption shall be granted concurrent with or subsequent
to any other real property tax exemption granted to the same improvement
to the real property, except, where during the period of a previous
exemption, payments in lieu of taxes or other payments were made to
the Village of Livonia in an amount that would have been equal to
or greater than the amount of real property taxes 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 twelve year exemption granted pursuant
to this section less the number of years the property would have been
previously exempt from real property taxes.
A.
The exemption provided for herein shall be granted only upon application
by the owner of real property on a form prescribed by the Commissioner
of the New York State Department of Taxation and Finance. Such application
shall be filed with the Town Assessor on or before the appropriate
taxable status date of the Town.
B.
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 as valorem levies as provided herein commencing with the assessment
roll prepared after the taxable status date occurring after the granting
of the application.
C.
The assessed value of any exemption granted hereunder 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.
