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HomeMy WebLinkAboutLL 03 of 2006 Tax Exemption Historic Barns.doc TOWN OF ITHACA LOCAL LAW NO. 3 OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED “TAXATION.” Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 239 of the Town of Ithaca Code, titled “Taxation,” is hereby amended by adding Article VI, titled “Historic Barn Exemption”, as follows: “Article VI Historic Barn Exemption § 239-20. Statutory authority. This article is enacted pursuant to § 483-b of the Real Property Tax Law of the State of New York, as amended through Chapter 759 of the Laws of 2005. § 239-21. Grant of exemption; conditions. A. Pursuant to the provisions of § 483-b of the Real Property Tax Law of the State of New York, historic barns located in the Town of Ithaca which are reconstructed or rehabilitated shall be partially exempt from general municipal taxes to the extent provided hereinafter. For the purposes of this article, an historic barn shall mean a structure that was at least partially constructed before nineteen hundred thirty-six and that was originally designed and used for storing farm equipment or agricultural products, or for housing livestock. B. Historic barns shall be exempt for a period of one year to the extent of one hundred per centum of the increase in assessed value thereof attributable to such reconstruction or rehabilitation and for an additional period of nine years subject to the following: (1) The extent of such exemption shall be decreased by ten per centum of the “exemption base" each year during such additional period. The "exemption base" shall be the increase in assessed value as determined in the initial year of the term of the exemption, except as provided below. (2) In any year in which a change in level of assessment of fifteen percent or more is certified for a final assessment roll pursuant to 1 the rules of the State Board of Real Property Services of the State of New York (or any successor agency), the exemption base shall be recalculated and the exemption shall be recomputed as described in § 483-b of the Real Property Tax Law of the State of New York. C. No such exemption shall be granted for reconstruction or rehabilitation unless such reconstruction or rehabilitation was commenced subsequent to the effective date of this article. D. No such exemption shall be granted to an historic barn which is receiving an exemption pursuant to §483 of the Real Property Tax Law of the State of New York or which has received an exemption pursuant to that section within ten years of the date of the application for exemption filed pursuant to this article. E. No such exemption shall be granted to an historic barn which is used for residential purposes. F. No such exemption shall be granted for reconstruction and rehabilitation expenses that materially alter the historic appearance of the barn. G. The partial exemption provided by this article shall, however, be limited to such property and persons as meet the conditions, qualifications, exclusions and limitations set forth in § 483-b of the Real Property Tax Law of the State of New York. This article shall be administered in accordance with said section of the Real Property Tax Law as now adopted and as it may be amended from time to time, and the provisions of said section shall be applicable to the effectuation of the exemption provided for in this article. § 239-22. Application for exemption. Such exemption shall be granted only upon successful application by the owner or all the owners of such barn on forms prescribed by the State Board of Real Property Services of the State of New York (or any successor agency). The owner or owners shall furnish the information and execute the forms in the manner required or prescribed in such forms and shall file such forms in the Tompkins County Assessment office on or before the appropriate taxable status date. Such exemption shall be granted only if the appropriate assessing authority approves the application. § 239-23. Applicability. This article shall apply to assessment rolls prepared after the effective date of this article on the basis of taxable status dates occurring on or after March 1, 2006.” 2 Section 2. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 3. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. 3