S T A T E   O F   N E W   Y O R K
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    S. 1589                                                  A. 1894

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 13, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Ways and Means

AN ACT to amend the town law and the general municipal law, in  relation
  to the limitation or remission of taxes on historic places

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 17-a of section 64 of the town law, as added by
chapter 426 of the laws of 1965, is amended to read as follows:
  17-a. Historic places. The town board may provide for the preservation
and protection of places, buildings, works  of  art  and  other  objects
having  a  special character or aesthetic interest or value and also may
provide for appropriate and reasonable control of the use or  appearance
of  neighborhood private property within public view. Any such measures,
if adopted in the exercise of police  power,  shall  be  reasonable  and
appropriate to the purpose, or if constituting a taking of private prop-
erty, shall provide for due compensation[, which may include the limita-
tion or remission of taxes].  ANY PROPERTY OWNER WHOSE PROPERTY IS WITH-
IN  AN  HISTORIC  DISTRICT  OR  DESIGNATED AN HISTORIC LANDMARK MAY MAKE
APPLICATION TO THE ASSESSOR FOR A LIMITATION OR REMISSION OF  THE  TAXES
ASSESSED  ON SAID PROPERTY. SAID LIMITATION OR REMISSION SHALL BE SOLELY
FOR THE PURPOSE OF AND IN AN AMOUNT CALCULATED TO COMPENSATE SAID  PROP-
ERTY  OWNER  FOR  ADDED  COSTS,  IF  ANY, OF MAINTAINING HIS PROPERTY IN
ACCORDANCE WITH THE REQUIREMENTS FOR HISTORIC  DISTRICTS  OR  LANDMARKS.
THE  TOWN  MAY ESTABLISH A MAXIMUM AMOUNT OR PERCENTAGE FOR SUCH LIMITA-
TION OR REMISSION AND MAY PROVIDE  THAT  SUCH  LIMITATION  OR  REMISSION
SHALL ONLY APPLY TO PROPERTIES DESIGNATED AS HISTORIC LANDMARKS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03070-01-5

              

S. 1589                             2                            A. 1894

  S  2.  Section  96-a of the general municipal law, as added by chapter
513 of the laws of 1968, is amended to read as follows:
  S  96-a.  Protection of historical places, buildings and works of art.
In addition to any power or authority  of  a  municipal  corporation  to
regulate by planning or zoning laws and regulations or by local laws and
regulations,  the governing board or local legislative body of any coun-
ty, city, town or  village  is  empowered  to  provide  by  regulations,
special  conditions  and  restrictions  for the protection, enhancement,
perpetuation and use of places, districts, sites, buildings, structures,
works of art, and other objects having a special  character  or  special
historical  or  aesthetic  interest  or value. Such regulations, special
conditions and  restrictions  may  include  appropriate  and  reasonable
control  of the use or appearance of neighboring private property within
public view, or both. In any such instance such measures, if adopted  in
the exercise of the police power, shall be reasonable and appropriate to
the  purpose,  or  if  constituting  a  taking of private property shall
provide for due compensation[,  which  may  include  the  limitation  or
remission  of  taxes].    ANY PROPERTY OWNER WHOSE PROPERTY IS WITHIN AN
HISTORIC DISTRICT OR DESIGNATED AN HISTORIC LANDMARK MAY  MAKE  APPLICA-
TION TO THE ASSESSOR FOR A LIMITATION OR REMISSION OF THE TAXES ASSESSED
ON  SAID  PROPERTY. SAID LIMITATION OR REMISSION SHALL BE SOLELY FOR THE
PURPOSE OF AND IN AN AMOUNT CALCULATED TO COMPENSATE SAID PROPERTY OWNER
FOR ADDED COSTS, IF ANY, OF MAINTAINING HIS PROPERTY IN ACCORDANCE  WITH
THE  REQUIREMENTS FOR HISTORIC DISTRICTS OR LANDMARKS. THE COUNTY, CITY,
TOWN, OR VILLAGE MAY ESTABLISH A MAXIMUM AMOUNT OR PERCENTAGE  FOR  SUCH
LIMITATION  OR  REMISSION  AND  MAY  PROVIDE  THAT  SUCH  LIMITATION  OR
REMISSION SHALL ONLY APPLY TO PROPERTIES DESIGNATED  AS  HISTORIC  LAND-
MARKS.
  S 3. This act shall take effect immediately.