Section 485-G. Infrastructure exemption  


Latest version.
  • 1. A county, city, town or village
      may by local law or a school district may by resolution provide that the
      exemption  under  this  section   shall   be   applicable   within   its
      jurisdiction. A copy of such local law or resolution shall be filed with
      the office of real property services.
        2.  Residential building lots which are part of a subdivision plat for
      residential development which includes  infrastructure  intended  to  be
      dedicated  to the municipal corporation or a special district thereof in
      accordance with the provisions of this  section  shall  be  exempt  from
      taxation  to  the  extent  of  the increased assessed value of such lots
      resulting from the addition of such infrastructure for  a  period  until
      the  issuance  of a certificate of occupancy but in no event longer than
      three years from granting of the exemption herein, which certifies  that
      a  residence  is constructed on a building lot in such subdivision. Such
      exemption shall be  the  value  of  the  infrastructure  proportionately
      applied  to  each  of  the lots in the subdivision. Upon issuance of the
      certificate of occupancy but in no event longer than  three  years  from
      granting  of  the  exemption  herein,  the  exemption  provided  by this
      subdivision shall lapse.
        3. For purposes of this section infrastructure shall be  comprised  of
      the  following  public  facilities which are intended to be dedicated to
      the municipal corporation or a special district thereof: streets,  storm
      and  sanitary  sewers,  drainage  facilities  and  any  other facilities
      required by  the  municipality  to  be  installed  in  such  residential
      subdivision  as  noted  on  the  filed  plat  plan  for such residential
      subdivision.
        4. Such exemption shall be granted only upon application by the  owner
      of  the  real  property  on  a form prescribed and made available by the
      office  of  real  property  services.  The  applicant  shall  file   the
      information  as  required  by  the office of real property services. The
      application  shall  be  filed  with  the  assessor  of  the  appropriate
      assessing  unit.  Such  application  shall  be  filed  on  or before the
      appropriate taxable status date of such assessing  unit  and  not  later
      than  one  year  from  the  date  of  completion  of  such construction,
      installation or improvement. On approved subdivision lots in which  such
      infrastructure  has been completed as of the effective date of the local
      law or school district resolution providing  that  the  exemption  under
      this section shall be applicable within its jurisdiction and for which a
      certificate  of occupancy has not been issued, application shall be made
      within one year from the effective date of  such  local  law  or  school
      district resolution.
        5.  If  the  assessor receives an application by the owner of the real
      property, and  is  satisfied  that  the  applicant  is  entitled  to  an
      exemption  pursuant  to  this  section,  the  assessor shall approve the
      application and such real  property  shall  thereafter  be  exempt  from
      taxation as herein provided commencing with the assessment roll prepared
      after  the  taxable  status date referred to in subdivision four of this
      section. The assessed value of any exemption granted  pursuant  to  this
      section shall be entered by the assessor on the assessment roll with the
      taxable property, with the amount of the exemption entered in a separate
      column.
        6.  The  provisions  of  this section shall not apply to a city with a
      population of one million or more.