[1]
Editor's Note: This local law included a copy of a map of
the Downtown Revitalization District–see the attachment to this
chapter.
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 Dansville 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:
Any person obligated to pay real property taxes on real property
for which an exemption from taxes under this section is sought.
The area within the Village 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
work, a building used for commercial purposes or use.
The Planning Board appointed by the Village Board of Trustees and acting as prescribed by § 296-37 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.
The Village of Dansville Planning Board shall serve as the CMUIB
and hereby have the additional duties as hereinafter provided.
A.
[1]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; and
(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.
A.
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 B 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 to attributable from that of the previous year's assessed value.
B.
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
|
C.
No such exemption shall be granted unless:
D.
For purposes of this section, the term "conversion, creation, modernization,
rehabilitation, expansion or other improvement" shall not include ordinary maintenance
and repairs.
E.
No such exemption shall be granted concurrent with or subsequent
to any other real property tax exemption granted to the same improvements
to the real property, except where during the period of a previous
exemption payments in lieu of taxes (PILOT) or other payments were
made to the Village 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 ad 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.
