A.
Pursuant to the authority contained in § 485
of the New York Real Property Tax Law,[1] a total exemption from real property taxation and special
ad valorem levies imposed by or on behalf of the Town of Brookhaven
for Town purposes for 10 successive years, as hereinafter provided
in this chapter after adoption hereof, is hereby granted to eligible
business facilities located in the Town of Brookhaven, as defined
in § 115 of the Commerce Law of the State of New York[2] and which are certified by the New York State Job Incentive
Board.
B.
The eligible business facility, which is certified
by the New York State Job Incentive Board pursuant to §§ 115,
118 and 120 of the Commerce Law of the State of New York,[3] shall be exempt from real property taxation and special
ad valorem levies imposed by the Town of Brookhaven for Town purposes
for any increase in the value thereof which is attributable to expenditures
certified by the New York State Job Incentive Board have been paid
or incurred by the owner or operator for capital improvements commenced
on or after the effective date of this chapter, consisting of the
construction, reconstruction, erection or improvement of depreciable
real property included in such facility. Such exemption shall be continued
from year to year but shall not exceed 10 years and shall only continue
if, during the specified period, the certificate of eligibility issued
by the New York State Job Incentive Board with respect to such business
facility is not revoked or modified and is renewed or extended as
provided in § 120 of the Commerce Law of the State of New
York.
[3]
Editor's Note: See now the Economic Development
Law.
Such exemption shall be granted only upon an
application by the owner or operator of such facility on a form prescribed
by the New York State Board of Equalization and Assessment. Appended
to such form there shall be a copy of a certificate of eligibility
issued by the New York State Job Incentive Board. Such application
shall be filed with the Assessor's office of the Town of Brookhaven
on or before the taxable status date. Copies of such application shall
be filed simultaneously with the New York State Board of Equalization
and Assessment and with the New York State Job Incentive Board. The
Assessor shall thereafter consider the application for such exemption
and, if such application is in order, shall determine the assessed
value of such exemption in accordance with the certificate of eligibility
issued pursuant to § 120 of the Commerce Law of the State
of New York and enter such value on the exempt portion of the assessment
roll. The eligible business facility shall then be exempt to the extent
provided in this chapter from real property taxation and special ad
valorem levies commencing with the assessment roll prepared on the
next following taxable status date.
If an exemption has once been granted to a business
facility under this chapter and the Assessor's office of the Town
of Brookhaven receives notice that a certificate of eligibility of
such facility has been revoked or modified, the Assessor shall redetermine
the assessed value of any such exemption in accordance with any such
revocation or modification. If, upon such redetermination, it appears
that, for a year for which an exemption has been granted, such facility
has been ineligible or that the assessed value of such exemption as
redetermined is less than the assessed value of such exemption as
shown on the assessment rolls for such year, then a tax shall be levied
at the rate of tax for such year upon so much of the assessed valuation
of such exemption, as shown on such assessment rolls, as may be ineligible
or excessive. Such tax shall be levied as an omitted assessment in
the manner provided in § 550 of the New York Real Property
Tax Law for each such year. Any such redetermination shall be made
no later than three years after the applicant for exemption last received
benefit of any exemption under § 485 of the New York Real
Property Tax Law.
