[Adopted 8-10-2017 by L.L. No. 2-2017]
This article is enacted pursuant to the authority conferred
by New York State Real Property Tax Law § 485-n and shall
be called the "Town of Caledonia Real Property Tax Exemptions for
Improvements to Commercial or Residential Real Property." The Town
of Caledonia is a municipality which qualifies for the exemptions
provided in RPTL § 485-n pursuant to § 3 (g) of
RPTL § 485-n.
It has been determined by the Town Board 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.
A.
APPLICANT
BENEFIT AREA
COMMERCIAL CONSTRUCTION WORK
COMMERCIAL PURPOSE OR USE
COMMERCIAL USE PROPERTY
MIXED-USE PROPERTY
MUNICIPALITY
RESIDENTIAL CONSTRUCTION WORK
Definitions. 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 Caledonia to which an exemption
established pursuant to this article applies.
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.
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 Town of Caledonia, which is located in a county having
a population of not less than 65,390 and not more than 65,400 as determined
by the federal decennial census for the year 2010.
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.
A.
The Town of Caledonia hereby provides for the exemption of real property
from taxation in a designated benefit area as provided in this article.
The benefit area consists of the area within the Village of Caledonia.
B.
The Supervisor, subject to the approval of the Town Board, shall
appoint a Commercial/Mixed Use Incentive Board which shall be responsible
for designating the benefit area to be exempt from taxation as provided
in this article. The Commercial/Mixed Use Incentive Board shall consist
of three members.
C.
Duties of the Commercial/Mixed Use Incentive Board. The Commercial/Mixed
Use Incentive Board shall present a plan to the Town Board concerning
the various types of commercial and/or mixed use properties which
may be granted an exemption pursuant to this article. In addition,
such plan shall identify designated benefit areas, within which such
exemption may be offered. In developing such plan the Commercial/Mixed
Use Incentive Board shall consider the planning objectives of the
Town of Caledonia and the necessity of the exemption to the attraction
of commercial and mixed-use development as identified by the Town
of Caledonia and the economic benefit to the area of providing exemptions
to commercial and mixed-use properties. In instances where a municipality
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
Town of Caledonia may utilize the defined boundaries of such previously
defined area, or a combination of such boundaries subject to review
by the Commercial/Mixed Use Incentive Board.
Upon the adoption of this article, the commercial use property or mixed-use property that was converted, created, modernized, rehabilitated, expanded or otherwise improved shall be exempt from taxation and special ad valorem levies as provided for in § 115-13 of this article.
A.
For a period of twelve years following the approval of an application, the increase in assessed value of such property attributable to such conversion, creation, modernization, rehabilitation, expansion or other improvement shall be exempt as provided in Subsection A(1) 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.
(1)
The following shall determine the computation of the tax exemption:
|
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.
For the purposes of this article, 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 improvements
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 Town of Caledonia 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 article. In such case, an exemption shall be granted
for a number of years equal to the twelve-year exemption granted pursuant
to this article less the number of years the property would have been
previously exempt from real property taxes.
Such exemption shall be granted only upon application by the
owner of the real property on a form prescribed by the New York State
Commission of Taxation and Finance. Such application shall be filed
with the assessor of the municipality or county having the power to
assess property for taxation on or before the appropriate taxable
status date of such municipality or county.
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 proved in this article,
commencing with the assessment roll prepared after the taxable status
date referred to in this article. The assessed value of any exemption
granted pursuant to this article 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.
This article shall become effective immediately and shall remain
in effect so long as New York State Real Property Tax Law § 485-n
remains in effect or for such longer period as may be otherwise be
permitted by New York State law.
