[HISTORY: Adopted by the Town Board of the Town of Elmira
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-17-2016 by L.L. No. 3-2016]
This article shall be referred to as "Opt-Out of Real Property
Tax Law § 487."
It is the intent of this article to provide no exemption from
taxation as authorized in Real Property Tax Law § 487.
This article was enacted pursuant to Subdivision 8 of § 487
of the Real Property Tax Law of the State of New York, as well as
the Municipal Home Rule Law (MHRL), with the procedural provisions
of the MHRL controlling.
The Town Board of the Town of Elmira shall not permit any exemption
from taxation within its jurisdiction pursuant to § 487
of the Real Property Tax Law of the State of New York with respect
to any solar energy system constructed subsequent to the effective
date of this article.
[Adopted 1-21-2020 by L.L. No. 1-2020]
A.
The purpose
of this article is to authorize a limited exemption from real property
taxes for residential real property owned by veterans and their surviving
spouses who rendered military service to the United States during
the "Cold War" pursuant to § 458-b of the Real Property
Tax Law.
B.
Pursuant
to Subdivision 2(c)(ii) of § 458-b of the Real Property
Tax Law, if a Cold War veteran receives the exemption under § 458
or § 458-a of the Real Property Tax Law, the Cold War veteran
shall not be eligible for this exemption.
Pursuant to Subdivision 2(c)(iii) of § 458-b of the
Real Property Tax Law, the exemption authorized shall apply to qualifying
owners of qualifying real property for as long as they remain qualifying
owners, without regard to a ten-year limitation.
A.
Pursuant
to Subdivision 2(a) of § 458-b of the Real Property Tax
Law of the State of New York, and subject to definitions, limitations
and requirements of said § 458-b, the Town of Elmira hereby adopts
the qualifying residential real property exemption under Subdivision
2(a)(i) of § 458-b of the Real Property Tax Law of the State
of New York, that is, an exemption in the amount of 15% of the assessed
value of such property; provided, however, that such exemption, as
permitted by Subdivision 2(c)(iii), shall not exceed $12,000 or the
product of $12,000 multiplied by the latest state equalization rate
of such property's assessing unit, or, in the case of a special assessing
unit, the latest class ratio, whichever is less.
B.
Pursuant
to Subdivision 2(b) of § 458-b of the Real Property Tax Law of
the State of New York, and subject to the definitions, limitations
and requirements of said § 458-b, the Town of Elmira hereby adopts
the qualifying residential real property exemption under Subdivision
2(b) of § 458-b of the Real Property Tax Law of the State of
New York, that is, an exemption in the amount equal to the extent
of the product of the assessed value of such property, multiplied
by 50% of the Cold War veteran disability rating; provided, however,
that such exemption, as permitted by Subdivision 2(c)(iii), shall
not exceed $40,000 or the product of $40,000 multiplied by the latest
state equalization rate for the assessing unit, or, in the case of
a special assessing unit, the latest class ratio, whichever is less.
This article shall take effect immediately upon its filing with
the Secretary of State and shall be applicable to all assessment rolls
prepared pursuant to the first taxable status date occurring on or
after the effective date of this article.
