[Adopted 12-7-2020 by L.L. No. 5-2020[1]]
[1]
Editor's Note: This local law also superseded former Art.
II, Tax Exemption for Businesses, adopted 10-21-1991 by L.L. No. 11-1991.
This article, using § 485-b of the Real Property Tax
Law, authorizes a partial exemption from real property taxation for
commercial, business or industrial property constructed, altered,
installed or improved on or after the effective date of this article.
The cost of such construction, alteration, installation or improvement
must exceed $10,000. Ordinary maintenance and repairs do not qualify
for exemption. The property must not be receiving or have received
any other exemption authorized by the Real Property Tax Law with respect
to the same improvements, unless, during the period of the prior exemption,
payments in lieu of taxes were made in amounts that were at least
equal to the taxes that would have been paid had the property been
receiving the § 485-b exemption. This article does not limit
the exemption by specific geographic areas and to sectors and subsectors
of businesses as defined in the North American Industry Classification
System.
The colloquial name of this article, which is a Town of Hamburg
adoption and implementation of § 485-b of the Real Property
Tax Law, shall be the "Business Improvement Exemption Law."
The exemption in the first year is 50% of the increase in the
assessed value attributable to the improvement. The exemption amount
then decreases by 5% in each of the next nine years. This declining
percentage continues to be applied to the increase in assessed value
determined in the first year of the exemption, unless there is a change
in level of assessment for an assessment roll of 15% or more, as certified
by the State Board of Real Property Services, in which case an adjustment
is required.
The exemption applies to charges imposed upon real property
by or on behalf of the Town of Hamburg for municipal purposes and
to special ad valorem levies except those levied for fire district,
fire protection district or fire alarm district purposes. The exemption
does not apply to costs incurred for ordinary maintenance and repairs
or to property used primarily for residential purposes other than
hotels or motels.
Application for exemption from Town of Hamburg taxes must be
filed, using form RP-485-b, with the Town Assessor, not the State
Board of Real Property Services.
The RP-485-b application must be filed in the Assessor's
Office on or before the taxable status date of March 1, and within
one year from the date of completion of the improvements.
Once the exemption has been granted, the exemption may continue
for the authorized period, provided that the eligibility requirements
continue to be satisfied. It is not necessary to reapply for exemption
after the initial year in order for the exemption to continue.
Should any part of this article be adjudged by a court of competent
jurisdiction to be invalid, such adjudication shall not affect, impair,
or invalidate the remainder thereof, but shall be restricted in its
operation in effect to the part of this article specifically determined
to be invalid.
This article shall take effect immediately upon filing thereof
in the Office of the Secretary of State of the State of New York.
