[Adopted 4-7-1998 by L.L. No. 3-1998[1]]
[1]
Editor's Note: This local law also repealed former Art. VIII,
Business Investment Exemption, adopted 12-3-1990 by L.L. No. 4-1990.
The City Council of the City of Saratoga Springs hereby finds
it necessary and proper to encourage, stimulate and support certain
types of commercial (wholesale, retail, service, office, etc.) and
industrial businesses in the City's downtown business district. The
central core and downtown district of the City of Saratoga Springs
should continue to be the economic, social and civic center of the
City of Saratoga Springs. The above-referenced area is adequately
serviced by investments of municipal infrastructure. As a method of
encouragement and in an effort to maintain the fabric of this historic
community of Saratoga Springs, new commercial investments that will
provide new jobs and a broader tax base for our community need to
be focused and directed to the downtown central business district.
It shall be the purpose of this article to promote the general interests
of the citizens of Saratoga Springs by encouraging and promoting economic
investment within this important and significant geographical area.
The business investment exemption established in this article
shall be available for those properties within a geographic district
to be defined by the Industrial and Commercial Incentive Board to
be appointed by this article and after resolution of an acceptance
of the recommendation of the Industrial and Commercial Incentive Board
by the City Council of the City of Saratoga Springs.
The business investment exemption established in this article
shall be available to properties within the geographic area defined
by the Industrial and Commercial Incentive Board and accepted by resolution
of the City Council of the City of Saratoga Springs which meets the
following requirements:
A.
The proposed property within the district shall demonstrate a need
for construction, alteration, installation or improvement for the
specific purpose of commercial (wholesale, retail, service, office,
etc.) and industrial businesses in the City's downtown business district.
The cost of such construction, alteration, installation or improvement
must exceed $50,000. Such construction, alteration, installation or
improvement may not include ordinary maintenance or repairs to existing
buildings or the purchase of equipment to be affixed or a pertinent
to any existing building. Only construction, alteration, installation
or improvement commenced after the eligible date of this article shall
be eligible for the partial business investment exemption countenance
by this article.
B.
The property shall demonstrate in its inclusion one or more of the
following groups or divisions as defined in the Standard Industrial
Classification (SIC) Manual published by the United States Government:
|
Group/Division
|
SIC Category
| |
|---|---|---|
|
Building materials
|
52, with the exception of 527 (mobile home dealers)
| |
|
General merchandise
|
53
| |
|
Food stores
|
54
| |
|
Apparel
|
56
| |
|
Furniture
|
57
| |
|
Restaurants
|
58
| |
|
Miscellaneous retail
|
59, with the exception of 598 (fuel dealers)
| |
|
Hotels
|
70, with the exception of 703 (trailer parks) and 704 (membership
hotels)
| |
|
Personal services
|
72
| |
|
Business services
|
73
| |
|
Miscellaneous repairs
|
76
| |
|
Motion pictures
|
78
| |
|
Amusement
|
79
| |
|
Health services
|
80
| |
|
Legal
|
81
| |
|
Education
|
82
| |
|
Social services
|
83
| |
|
Museums
|
84
| |
|
Organizations
|
86
| |
|
Miscellaneous services
|
87
| |
|
Public administration
|
91 to 97
|
C.
This article shall apply to such construction, alteration, installation
or improvement commenced on or after the filing of this article with
the Secretary of State of the State of New York.
D.
Such construction, alteration, installation or improvement shall
be considered to be completed as of the date of the issuance of a
certificate of occupancy by the Building Department of the City of
Saratoga Springs.
Properties that meet all standards of eligibility under this
article shall, upon application and approval as required under § 485-b
of the Real Property Tax Law of the State of New York, be exempt from
taxation and ad valorem levies of the increased and assessed values
thereof attributable to the construction, alteration, installation
or improvement for the purpose of commercial (wholesale, retail, service,
etc.) and industrial businesses in the City's downtown business district
activity as allowed in this article pursuant to the following strategic
exemption schedule:
|
Year of Exemption
|
Percentage of Exemption
|
|---|---|
|
1
|
50%
|
|
2
|
45%
|
|
3
|
40%
|
|
4
|
35%
|
|
5
|
30%
|
|
6
|
25%
|
|
7
|
20%
|
|
8
|
15%
|
|
9
|
10%
|
|
10
|
5%
|
Notwithstanding any other provision under this article, an approved
project shall begin to receive the appropriate exemption pursuant
to this article in the first year that the improved project or parcel
is fully assessed on the City tax roll.
In addition to and not in limitation of the disqualifications
specified in § 485-b, Subdivision 2(d), of the Real Property
Tax Law, a property shall not be eligible for the business investment
exemption established by this article if said property is the subject
of or the recipient of benefits, payments, credits, exemptions or
other valuable allowances or considerations under any other incentive
program or improvement program which has been established or may be
established from time to time by the Federal Government of the United
States of America, the State Government of the State of New York,
the County Government of the County of Saratoga, the City Government
of the City of Saratoga Springs and any and all other government agencies
and private or public foundations, except the following programs:
A.
(Reserved)
Notwithstanding § 212-61 of this article wherein eligible properties and/or projects shall be identified and designated by the recommendation of the Industrial and Commercial Incentive Board for final acceptance by the City Council of the City of Saratoga Springs, it is hereby established that the City Engineer shall provide a written opinion to the Industrial and Commercial Incentive Board and the City Council that any project in question involved the expenditure of a minimum of $50,000. For the purpose of this article, the construction, alteration, installation and/or improvement of any property shall not include administrative fees, legal fees, surveying fees, architectural fees, design fees or any and all other "soft" costs. It is the intention that the $50,000 minimum herein established shall be for direct labor and materials only.
Within 30 days of a project's completion, as evidenced by the
issuance of a certificate of occupancy issued by the City Building
Inspector for a new project or a certificate of completion issued
by the City Engineer for any alteration, installation or improvement
type of project, the builder or developer of the project shall submit
to the Accounts Department precise evidence of expenditure by the
developer and/or builder as approved and agreed to by the office of
the City Engineer.
Notwithstanding any other provision of this article, the aforementioned
proof of expenditure must be filed prior to May 25 in any calendar
year so that the Accounts Department and Assessment Office have the
ability to make the appropriate adjustments and/or exemption prior
to June 1.
A.
An Industrial and Commercial Incentive Board is hereby established
for the City of Saratoga Springs.
B.
The Industrial and Commercial Incentive Board shall have five members
who shall each be appointed for a five-year term by the Mayor of the
City of Saratoga Springs.
C.
The Industrial and Commercial Incentive Board shall present a plan
to the City Council of the City of Saratoga Springs concerning the
various types of business real property which should be granted eligibility
for an exemption pursuant to Subdivision 1 of § 485-b of
the Real Property Tax Law. Such plan shall make recommendations concerning
the applicability of the exemption to specific divisions and major
groups as defined in the Standard Industrial Classification manual
published by the United States Government. Such plan shall also make
a recommendation as to whether the exemption be computed as provided
in Subdivision 2 or 12 of § 485-b of the Real Property Tax
Law of the State of New York. In addition, such plan shall identify
specific geographic areas where such exemptions should be offered.
D.
When pursuant to Subdivision 9 of § 485-b of the Real Property
Tax Law the Industrial and Commercial Incentive Board makes a recommendation
to the City Council of the City of Saratoga Springs, the City Council
may by resolution restrict real property eligible to receive the exemption
to real property constructed, altered, installed or improved for those
purposes identified in the plan presented by the Board. Said resolution
shall also restrict the availability of such exemption to the specific
geographic areas identified in the plan presented by the Board and
approved by the City Council of the City of Saratoga Springs.
