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Assessor's Manual, Volume 4, ExemptionAdministration

Exemption Administration Manual - Part 2
Industrial, Commercial, and Public Service

Section 4.06 - RPTL Section 485-g

Residential Subdivision Infrastructure

Exemption Code(s):     4771   Year Originally Enacted:     1998

Related Statutes:     None.

SUMMARY: If allowed by local option, residential building lots located outside of New York City and which are part of a subdivision plat for residential development which includes infrastructure intended to be dedicated to a municipality or a special district thereof are exempt from taxation to the extent of the increased assessed value of such lots resulting from the addition of such infrastructure, but are liable for special ad valorem levies and special assessments. The duration of the exemption extends from the time the exemption is granted until the issuance of a certificate of occupancy, but in no event longer than three years following the granting of the exemption.

  1. ELIGIBILITY REQUIREMENTS:
    1. Ownership Requirements: Property must be owned by a private individual or organization.
       
    2. Property Location Requirements: Property must be located outside of New York City. Property must be located on 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.
       
    3. Property Use Requirements: Property must be used as infrastructure on residential building lots as described above. For purposes of this exemption infrastructure is 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. Certification by State or Local Government: The owner of the subdivision must file a subdivision plat which shows the facilities which comprise the infrastructure eligible for this exemption.
       
    5. Required Construction Start Date or Other Time Requirement:  None.
       
  2. LOCAL OPTION: Yes -- Each county, city, town, village, and school district may choose whether or not to allow the exemption. The option to exempt must be exercised through adoption of a local law or resolution after a public hearing.
     
  3. LIMITATION ON EXEMPTION:
      General
    Municipal
    Taxes
    School
    District
    Taxes
    Special
    Ad Valorem
    Levies
    Special
    Assessments
    1. Amount Yes* Yes* No
    exemption
    allowed
    No
    exemption
    allowed
    2. Duration 3 years
    or less**
    3 years
    or less**
    No
    exemption
    allowed
    No
    exemption
    allowed
    3. Taxing Jurisdiction
    a. County or County
    Special Districts
    Ex*** NA Tax Tax
    b. City Ex*** NA NA Tax
    c. Town or Town
    Special District
    Ex*** NA Tax Tax
    d. Village Ex*** NA NA Tax
    e. School District NA Ex*** NA NA
      Ex-Exempt      Tax-Taxable      NA-Not Applicable

    * Amount is limited to increase in assessed value attributable to the eligible infrastructure. See Calculation of Exemption.

    ** Exemption terminates when certificate of occupancy is issued.

    *** If allowed by local option.

  4. PAYMENTS IN LIEU OF TAXES: None required.
     
  5. CALCULATION OF EXEMPTION:
    1. General Municipal and School District Taxes: Increase in assessed value of the eligible property resulting from the addition of the infrastructure, and proportionately applied to each of the lots in the subdivision. No exemption should be applied to any such lot on which a certificate of occupancy has been issued.
    2. Special Ad Valorem Levies and Special Assessments: No exemption allowed.
       
  6. CODING OF EXEMPTION ON ASSESSMENT ROLL:
    Code Description of Alternative Codes Possible
    4771_  

    Assessment Roll Section(s): Taxable (RPS Section 1).

  7. FILING REQUIREMENTS (Owner or Occupant of Property):
    Form RP-485-g (9/08) --     Application for Real Property Tax Exemption for Residential
    Subdivision Infrastructure (see sample form and instructions
    following Exemption Profile).

    Application required first year only. Application must be filed on or before taxable status date in the assessing unit, and not later than one year of the date of completion of the infrastructure construction, installation, or improvement. If infrastructure is completed as of the effective date of a local law or resolution permitting this exemption, and if a certificate of occupancy has not been issued on approved subdivision lots, application must be filed within one year of the effective date of such local law or resolution.

  8. REPORTING REQUIREMENTS (Assessor): None.
     
  9. SIMILAR EXEMPTIONS: None.

Exemption Application Form:

RP-485-g

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