[HISTORY: Adopted by the Town Board of the
Town of Islip 7-13-1994 as L.L. No. 1, 1994. Amendments noted
where applicable.]
GENERAL REFERENCES
Tax exemption for home improvements for handicapped — See Ch. 48C.
The Town Board finds that the reluctance of
homeowners to undertake capital improvements to their property threatens
the stability of neighborhoods and the housing stock within the Town
of Islip. The Town Board further finds that one (1) of the most significant
reasons homeowners fail to undertake such improvements is the increased
tax assessment that results from such improvements. As a result, the
Town Board finds that the health, welfare and safety of the Town of
Islip is affected by the reluctance to undertake capital improvements
to residential homes, and there exists a legitimate public purpose
for certain exemptions from increases in assessed valuation resulting
from such improvements in certain instances.
A.
Residential buildings reconstructed, altered or improved
subsequent to the effective date of this local law shall be exempt
from taxation and special ad valorem levies to the extent provided
hereinafter, provided that all of the following criteria are met:
(1)
Such reconstruction, alteration or improvement was
commenced subsequent to the effective date of this local law.
(2)
The value of such reconstruction, alteration or improvement
exceeds three thousand dollars ($3,000.).
(3)
The greater portion, as so determined by square footage,
of the building reconstructed, altered or improved is at least five
(5) years old.
B.
For the purposes of this local law, the terms "reconstruction,"
"alteration" and "improvement" shall not include ordinary maintenance
or repairs.
Such buildings shall be exempt for a period
of one (1) year to the extent of one hundred per centum (100%) of
the increase in assessed value thereof attributeable to such reconstruction,
alteration or improvement and for an additional period of seven (7)
years; provided, however, that the extent of such exemption shall
be decreased by twelve and one-half per centum (12 1/2%) of the
initial exemption each year during such additional period; provided,
further, that such exemption shall be limited to eighty thousand dollars
($80,000.) in increased market value of the property attributable
to such reconstruction, alteration or improvement, and any increase
in market value greater than such amount shall not be eligible for
the exemption pursuant to this section. For the purposes of this section,
the market value of the reconstruction, alteration or improvement
shall be equal to the increased assessed value attributable to such
reconstruction, alteration or improvement divided by the most recently
established state equalization rate for the Town of Islip.
Such exemption shall be granted only upon application
by the owner of such building on a form prescribed by the State Board.
The original of such application shall be filed with the Assessor
of the Town of Islip on or before the next taxable status date of
the Town of Islip. A copy thereof shall be filed with the State Board.
If the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this local law, he shall approve the application, and such building shall thereafter be exempt from taxation and special ad valorem levies as herein provided commencing with the assessment roll prepared after the taxable status date referred, to in § 48F-4. The assessed value of any exemption granted pursuant to this local law shall be entered by the Assessor on the portion of the assessment roll provided for property exempt from taxation.
For the purposes of this local law, as used
in this local law, the following terms shall have the meanings indicated:
Any legal building or structure designed and occupied exclusively
for residential purposes by not more than two (2) families.
In the event that a building granted an exemption pursuant to this local law ceases to be used solely for residential purposes or title thereto is transferred to other than the heirs or distributees of the owner, the exemption granted pursuant to this local law shall cease. In addition, a building shall not qualify for an exemption pursuant to this local law if an accessory apartment as defined in § 68-600 et seq.[1] shall be established as a result of the reconstruction,
alteration or improvement undertaken.
If any section, provision or part thereof in
this local law shall be adjudged invalid or unconstitutional by a
court of competent jurisdiction, then such adjudication shall not
affect the validity of the local law as a whole or any section, provision
or part thereof not so adjudged invalid or unconstitutional.
This local law shall take effect when the appropriate
certified copies hereof are filed with the Secretary of State of the
State of New York pursuant to the Municipal Home Rule Law.
