[Adopted 9-25-2012 by L.L. No. 5-2012]
The purpose of this article is to provide for a real property
tax exemption from Cayuga County real property taxes as authorized
by § 485-a of the Real Property Tax Law of the State of
New York in the City of Auburn relative to the conversion of qualified
nonresidential real property to mixed-use commercial and residential
status in accordance with the terms of state law and this article.
This article shall be read in conjunction with the provisions of § 485-a
of the Real Property Tax Law to effectuate the authorized real property
tax exemption.
As used in this article, the following terms shall have the
following meanings:
Any person obligated to pay real property taxes on the property
for which an exemption from real property taxes under this article
is sought.
The modernization, rehabilitation, expansion or other improvement
of 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 in 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 purposes.
The County of Cayuga, New York.
An individual, corporation, limited liability company, partnership,
association, agency, trust, estate, foreign or domestic government
or subdivision thereof, or other entity.
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 real property located within the territorial limits of
the City of Auburn, New York.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The City of Auburn, by Local Law No. 1-2012, has provided for the exemption of real property from taxation in the City of Auburn, New York, in accordance with Real Property Tax Law § 485-a. Upon the adoption of City of Auburn Local Law No. 1-2012, the Auburn Enlarged School District by resolution may and the County of Cayuga shall by the adoption of this Article XIII exempt such property from its taxation in the same manner and to the same extent as the City of Auburn has done.
Upon adoption of this article, nonresidential real property, upon conversion to mixed-use property, shall be exempt from taxation and special ad valorem levies as provided for in § 237-84 of this article.
A.
Exemption granted; amount.
(1)
For a period of 12 years from approval of an application, the increase in assessed value of such property attributable to such conversion 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 following table shall illustrate 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 purposes of this section, the term "conversion" 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 real property, except, where during the period of such previous
exemption, payments in lieu of taxes or other payments were made to
the County of Cayuga 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Such exemption shall be granted only upon application by the
owner of such real property on a form prescribed by the Commissioner
of Taxation and Finance. Such application shall be filed with the
Assessor of the County of Cayuga having the power to assess property
for taxation on or before the appropriate taxable status date of the
County of Cayuga.
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 in this article provided, commencing with the assessment roll prepared after the taxable status date referred to in § 237-85 of 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 is authorized by Real Property Tax Law § 485-a.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, effect or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
law or in its application to the person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered.
