[Adopted 9-28-2023 by L.L. No. 2-2023.[1]]
[1]
Editor's Note: This local law also repealed former Art. X, Exemption for Volunteer Firefighters and Volunteer Ambulance Workers, adopted 2-28-2022 by L.L. No. 1-2022
The Real Property Tax Law has been amended by the addition of a new § 466-a, which permits the Town of Webster to grant a partial tax exemption on real property owned by an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service or such enrolled member's spouse and/or surviving spouse. Said partial exemption is up to 10% of the assessed value of such property for all Town, part-Town, and special district purposes.
An exemption of 10% of assessed value of property owned by an enrolled member or such enrolled member and spouse is hereby granted from taxation with respect to all Town, part-Town, and special district purposes, subject to the requirements set forth in this article.
Such exemption shall be granted to an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service, provided that:
A. 
The applicant resides in the Town of Webster which is served by such incorporated volunteer fire company or fire department or incorporated voluntary ambulance service;
B. 
The property is the primary residence of the applicant;
C. 
The property is used exclusively for residential purposes; provided, however, that in the event any portion of such property is not used exclusively for the applicant's residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this article;
D. 
The applicant has been certified in accordance with § 304-38 as an enrolled member of: 1) an incorporated volunteer fire company or fire department for at least two years; or 2) an incorporated voluntary ambulance service for at least two years; and
E. 
The applicant complies with the requirements of § 304-38.
Any enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who accrues more than 20 years of active service and is so certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service shall be granted the 10% exemption as authorized by this article for the remainder of his or her life as long as his or her primary residence is located within the Town of Webster.
Such exemption may be continued to such deceased enrolled member's unremarried spouse if such member is killed in the line of duty; provided, however, that:
A. 
Such unremarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service as an unremarried spouse of an enrolled member of such incorporated voluntary ambulance services who was killed in the line of duty; and
B. 
Such deceased volunteer has been an enrolled member for at least five years; and
C. 
Such deceased volunteer had been receiving the exemption prior to his or her death.
Such exemption may be continued to such deceased enrolled member's unremarried spouse; provided, however, that:
A. 
Such unremarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service as an unremarried spouse of a deceased enrolled member of such incorporated volunteer fire company, fire department or incorporated voluntary ambulance service; and
B. 
Such deceased volunteer has been an enrolled member for at least 20 years; and
C. 
Such deceased volunteer and unremarried spouse had been receiving the exemption prior to the death of such volunteer.
Application for such exemption shall be filed with the assessor for the municipality in which the property is located on or before the taxable status date on a form as prescribed by the Commissioner of Tax and Finance.
No applicant who is a volunteer firefighter or volunteer ambulance worker who, by reason of such status, is receiving any benefit under the provisions of Article 4 of the Real Property Tax Law on the effective date of this article shall suffer any diminution of such benefit because of the provisions of this article.
Each incorporated volunteer fire company, incorporated volunteer fire department and incorporated voluntary ambulance service shall file a notice annually with the Assessor, certifying its enrolled members with two or more years of service, per procedures prescribed by the Assessor.