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Vestal City Zoning Code

CHAPTER 21

TAXATION

ARTICLE II. - TAX EXEMPTIONS[2]

Footnotes:
--- (2) ---

State Law reference— Tax exemptions to be as provided by general law, N.Y. Const. art. XVI, § 1.


Sec. 21-1. - Enclosure of general town information.

The tax collector of the town may enclose with tax bills mailed in accordance with Section 922 of the Real Property Tax Law any general town information approved by the town board to be included with said tax bills.

(L.L. No. 1 of 1990, § 1)

DIVISION 2. - ELDERLY PERSONS[3]


Footnotes:
--- (3) ---

Editor's note— Section 1 of L.L. No. 9 of 2000 repealed L.L. No. 9 of 1997 and enacted new provisions as herein set out. Prior to the adoption of L.L. No. 9 of 2000, section 1 of L.L. No. 9 of 1997 repealed L.L. No. 1 of 9 of 1995, from which Ch. 21, Art. II, Div. 2, §§ 21-36—21-40 derived. Section 2 of L.L. No. 9 of 1995 added a new Ch. 21 Art. II, Div. 2, to read as herein set out.


DIVISION 4. - TAX EXEMPTION FOR SOLAR FARMS[4]


Footnotes:
--- (4) ---

Editor's note—L.L. No. 6 of 2024, § 1, adopted Oct. 9, 2024, set out provisions to opt out of the of tax exemption for solar farms. These provisions have been included as §§ 21-61—21-64, at the editor's discretion.


Sec. 21-26. - Business incentive exemption.

(a)

In accordance with the provisions of Section 485-b, Subdivision 7, the town hereby elects to reduce the percentage of exemptions to zero (0) percent each and every year.

(Code 1966, § 35-1; L.L. No. 5 of 1993, §§ 1, 3)

Sec. 21-36. - Exemption.

(a)

Pursuant to and in accordance with the provision of Section 467 of the Real Property fax Law, real property situated in the Town of Vestal subject to taxation by the Town of Vestal and owned by one (1) or more persons, each of whom is sixty-five (65) years of age or over, or real property situated in the Town of Vestal, subject to taxation by the Town of Vestal and owned by a married couple or by siblings, one (1) of whom is sixty-five (65) years of age or over, shall be exempt from real property taxation by the Town of Vestal to the extend as provided in the following schedule for qualified exemptions:

INCOME FROM INCOME TO % OF
EXEMPTION
$0 $23,999 50%
$24,000 $24,999 45%
$25,000 $25,999 40%
$26,000 $26,999 35%
$34,999 (Or Lower) 50%
$35,000 $35,999 45%
$36,000 $36,999 40%
$37,000 $37,999 35%
$38,000 $38,899 30%
$38,900 $39,799 25%
$39,800 $40,699 20%
$40,700 $41,599 15%
$41,600 $42,500 10%
$42,501 (Or Higher) 0%

 

(b)

Pursuant to NYRPTL § 467 (3) (iv) (1), the term "income" as used herein shall mean the "adjusted gross income" for Federal Tax purposes as reported on the applicant's Federal or State income tax return for the applicable income tax year, subject to any subsequent amendments or revisions. Any Social Security benefits not included in the applicant's Federal adjusted gross income shall not be considered income to the applicant for the purposes of qualifying for the exemption.

(c)

Pursuant to NYRPTL § 467 (3) (iv) (2), the applicant's income shall be offset by all medical and prescription drug expenses actually paid which were not reimbursed or paid for by insurance.

(L.L. No. 11 of 2000, § 2; L.L. No. 7 of 2008, § 2; L.L. No. 2 of 2025, § 2)

Sec. 21-37. - Statutory qualifications.

No exemptions shall be granted and no exemption is hereby granted except under the conditions stated in Section 467, Subdivision 3, of the Real Property Tax Law.

(L.L. No. 11 of 2000, § 2; L.L. No. 2 of 2025, § 2)

Sec. 21-38. - Application for exemption.

(a)

Application for such exemption must be made by the owner or all of the owners of the property on forms prescribed by the State Board, to be furnished by the appropriate assessing authority, and shall furnish the information and be executed in the manner required or prescribed in such forms and shall be filed in such Assessor's office on or before the appropriate taxable status date.

(b)

At least sixty (60) days prior to the appropriate taxable status date, the assessing authority shall mail to each person who was granted exemption, pursuant to this section. on the latest complete assessment role and application form and a notice that such application must be filed on or before the taxable status date and be approved in order for the exemption to be granted. Failure to mail such application form and notice or failure of such person to receive the same shall not prevent levy, collection and enforcement of the payment of the taxes on property owned by such person.

(L.L. No. 11 of 2000, § 2; L.L. No. 3 of 2004, § 1; L.L. No. 2 of 2025, § 2)

Sec. 21-39. - False statements.

Any conviction of having made any willfully false statement in the application for such exemption shall be punishable by a fine or not more than one hundred dollars ($100.00) and shall disqualify the applicant or applicants from further exemption for a period of five (5) years.

(L.L. No. 11 of 2000, § 2; L.L. No. 2 of 2025, § 2)

Sec. 21-40. - Effective date.

This Local Law shall take effect immediately but shall not apply to any real property taxes levied by the Town of Vestal Prior to March 1, 2026.

(L.L. No. 11 of 2000, § 2; L.L. No. 2 of 2025, § 2)

Sec. 21-46. - Exemption for certain qualified infrastructure.

(a)

Residential building lots which are part of a subdivision plat for residential development which includes infrastructure intended to be dedicated to a municipal corporation or a special district within the town in accordance with the provisions of real property tax law section 485-g 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 not 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.

(b)

(1)

Such exemption shall be the value of the infrastructure proportionately applied to each of the lots in the subdivision.

(2)

Upon issuance of the certificate of occupancy, but in no event longer than three (3) years from granting of the exemption herein, the exemption provided shall lapse.

(c)

For purposes of this law, infrastructure shall be comprised of the following public facilities which are intended to be dedicated to a municipal corporation or a special district thereof:

(1)

Streets.

(2)

Storm and sanitary sewers.

(3)

Drainage facilities.

(4)

Any other facilities required by a municipality to be installed in such residential subdivision as noted on the filed plat plan for such residential subdivision.

(d)

Such exemption shall be granted only upon application by the owner of the real property on a form prescribed and made available by the state office of real property services. The applicant shall file the information as required by the state 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 this local law, providing that the exemption under this section shall be applicable, and for which a certificate of occupancy has not been issued, application shall be made within one year from the effective date of this local law.

(L.L. No. 1 of 2004, §§ 1—4)

Sec. 21-61. - Legislative findings and intent.

It is the intent of the town board of the Town of Vestal to opt out of the real property tax exemption for wind and solar energy systems within the jurisdiction and geographic boundaries of the Town of Vestal. The town has received multiple inquiries for solar energy systems to be located within the town and additional inquiries/applications are anticipated in the future. These systems are currently eligible for a real property tax exemption under New York State Real Property Tax Law which would otherwise eliminate real property tax revenue generated for the town from these systems. New York State Real Property Tax Law authorizes municipalities to opt-out of the real property tax exemption for solar and wind systems provided the municipality enacts a local law "opting out" of the tax exemption. In accordance with Real Property Tax Law § 487, it is the intent of this local law that the Town of Vestal opt-out of the real property tax exemption for solar and wind energy systems.

(L.L. No. 6 of 2024, § 1)

Sec. 21-62. - Authority.

This local law is enacted pursuant to New York Real Property Tax Law §487(8), the New York State Constitution, and New York Municipal Home Rule Law §10.

(L.L. No. 6 of 2024, § 1)

Sec. 21-63. - Opting out of the tax exemption for solar and wind energy systems pursuant to real property tax law § 487.

Pursuant to and consistent with New York State Real Property Tax Law §487(8) the Town of Vestal town board hereby declares that solar and wind energy systems shall not be exempt from real property taxes within the jurisdiction and geographic boundaries of the Town of Vestal.

(L.L. No. 6 of 2024, § 1)

Sec. 21-64. - Severability.

If any clause, sentence, paragraph, subdivision or part of this local law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

(L.L. No. 6 of 2024, § 1)