Amendments to Town Code

Approved July 23, 2008

Local Law 2-2008

An Ordinance establishing a partial tax exemption for real property

Owned by persons who rendered military service during the cold war

(9/2/45 – 12/26/91)

            Title:  This chapter shall be entitled an “Ordinance of the Town of Milton, Saratoga County, New York, Establishing a Partial Tax Exemption for Real Property owned by persons who rendered

Military Service during the Cold War (9/2/45 – 12/26/91)”.

            A Local Law to provide for a partial tax exemption for real property taxes owned by persons who rendered military service to the United States during the Cold War (9/2/45 – 12/26/91).

            BE IT ENACTED, by the Town Board of the Town of Milton, as follows:

Section l.  Definitions.  As used in this Local Law, the following terms and phrases shall have the following meanings:

(a)    “Cold War veteran” means a person, male or female, who served on active duty in the United States armed forces, during the time period from September Second, Nineteen Hundred Forty-Five to December Twenty-Sixth, Nineteen Hundred Ninety-One, and was discharged or released therefrom under honorable conditions

(b)   “Armed forces” means the United States Army, Navy, Marine Corps, Air Force and Coast Guard.

(c)    “Active duty” means full-time duty in the United States armed forces, other than active duty for training.

(d)   “Service connected” means with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty on active military, naval

or air service.

(e)    “Qualified owner” means a Cold War veteran, the spouse of a Cold War veteran, or the unremarried surviving spouse of a deceased Cold War veteran.  Where property is owned by more than one qualified owner, the exemption to

Which each is entitled may be combined.  Where a veteran is also the unmarried surviving spouse of a veteran, such person my also receive any exemption to which the deceased spouse was entitled.

(f)     “Qualified residential real property” means property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion  of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this section.  Such property shall be the primary residence of the Cold War veteran or the unremarried surviving spouse of a Cold War veteran, unless the Cold War veteran or unremarried surviving spouse is absent from the property due to medical reasons or institionalization. 

(g)    “Latest state equalization rate” means the latest final equalization rate established by the State Board of Equalization and Assessment.

Section 2.  Purpose.  The purpose of this Local Law is to grant a partial exemption from real property taxation to the extent of fifteen percent (15%) of the assessed value up to Twelve Thousand Dollars ($12,000.00) of assessed value of qualified residential real property which is owned by a Cold War veteran who is a qualified owner, or in the case of a Cold War veteran who is qualified owner and who received a compensation rating from the United States Veterans Administration or from the United States Department of Defense because of a service related disability, to the extent of the product of the assessed value of such qualified residential real property multiplied by fifty percent (50%) of the Cold War veteran’s disability rating up to an assessed valuation of Forty Thousand Dollars ($40,000.00) of assessed value, in accordance with the requires of Section 458-b of the Real Property Tax Law.

Section 3.  Qualified Residential Real Property owned by qualified owners who are Cold War veterans shall be exempt from Town real property taxes to the extent as follows:

(a)    to the extent of fifteen percent (15%) of the assessed value of such qualified residential real property; provided, however, that such exemption shall not exceed Twelve thousand ($12,000.00) or the product of Twelve Thousand dollars ($12,000.00) multiplied by the latest state equalization rate of the assessing unit, whichever is less;

            (b) In addition to the exemption provided by paragraph (a) of

                  this subdivision, where the Cold War veteran received a

                 compensation rating from the United States Veterans

                 Administration or from the United States Department of

                 Defense because of a service connected disability, to the

                 extent of the product of the assessed valuation of such

                 qualified residential real property multiplied by fifty percent

                 (50%) of the Cold War veteran’s disability rating, provided,

                 however, that such exemption shall not exceed Forty

                 Thousand Dollars ($40,000.00) or the product of Forty

                 Thousand Dollars ($40,000.00) multiplied by the latest state

                 equalization rate, whichever is less.

Section 4.  Exception.  If a Cold War veteran has a real property tax exemption under Section 458 or Section 458-a of the Real Property Tax Law, such veteran shall not be eligible to receive this exemption.

Section 5. Duration.  The exemption provided herein shall be granted for a period of ten (10) years, the commencement of which is as follows:

(a)    Where a qualified owner owns qualifying residential real property at the effective date of this Local Law, the ten (10) year period shall be measured from the date of the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of this Local Law.

(b)   Where a qualified owner does not own qualifying residential real property on the effective date of this Local Law, such ten (10) year period shall be measured from the date of the assessment roll prepared pursuant to the first taxable status date occurring a least sixty (60) days after the date of purchase of the qualifying residential real property.

(c)    If exempt property is sold before the expiration of such ten (10) year period and replaced by other qualified residential real property, an exemption may be granted for the replacement property for the unexpired portion of the ten (10) year exemption period.

Section 6.  Application for the exemption shall be made by the qualified owner on a form prescribed by the state board and/or Town.  The owner shall file the completed form in the Town Assessor’s office on or before the appropriate taxable status date.

Section 7.  Effective Date.  This Local Law shall become effective immediately upon filing in the office of the Secretary of State.