[HISTORY: Adopted by the Town Board of the
Town of Wawarsing as indicated in article histories. Amendments noted
where applicable.]
Article I Town of Wawarsing and Village of Ellenville
§ 9-1 Authorization for application; purpose.
§ 9-2 Application for designation.
§ 9-3 Boundaries.
§ 9-4 Zone Certifying Officer.
§ 9-5 Administrative Board; duties.
Article II Wawarsing Subzone of Kingston-Ulster Economic Development Zone
§ 9-6 Title.
§ 9-7 Purpose.
§ 9-8 Zone Administrative Board; Zone Administrator; Zone Certification Officer.
§ 9-9 Applicable areas.
§ 9-10 Zone development plan.
§ 9-11 Town of Wawarsing Zone incentives.
§ 9-12 Zone boundaries.
[Adopted 2-10-1994 by L.L. No. 1-1994]
§ 9-1 Authorization for application; purpose.
A.
Section 961 of Article 18-B of the General Municipal
Law of the State of New York authorizes applications by towns for
the designation as an economic development zone within the meaning
of said statute.
B.
Such a designation would greatly benefit the Town
of Wawarsing in that new businesses would be encouraged to locate
in the zone area, existing businesses would be encouraged to expand
in the zone area, and new and expanded businesses would generate new
jobs for Wawarsing residents.
§ 9-2 Application for designation.
The Town Supervisor is hereby authorized to
submit a joint application, together with the Mayor of the Village
of Ellenville, for designation of certain areas within the Town of
Wawarsing and the Village of Ellenville as an economic development
zone.
§ 9-3 Boundaries.
The boundaries of said area shall consist of
all parcels of real property which border on the westerly side of
State Route 209 north from the Village of Ellenville and south from
the intersection of Old Route 209 and Route 209; and all properties
between Route 209 and Old Route 209, also including properties bearing
Tax Map Nos. 83.006-04-22 and 83.010-02-35; all parcels of real property
in the Town of Wawarsing and outside of the Village of Ellenville
east of Route 209 commencing at the northern boundary of the Village
of Ellenville and Town of Wawarsing on State Route 209 and ending
at the intersection of State Route 209 and Old Route 209 and west
of the Sandburg Creek; and all parcels of real property which border
on the eastern side of Berme Road between the northern boundary of
the Village of Ellenville and the Town of Wawarsing and south of the
Roundout Creek. Expressly excluded from the parcels of real property
in the zone are all properties in the aforementioned areas owned by
the State of New York Urban Development Corporation.
§ 9-4 Zone Certifying Officer.
Pursuant to the requirements of the aforesaid
statute, the Town Clerk of the Town of Wawarsing shall serve as the
Zone Certifying Officer who shall certify those business enterprises
which are eligible to receive the benefits referred to in § 966
of Article 18-B of the New York State General Municipal Law.
§ 9-5 Administrative Board; duties.
A.
Pursuant to the requirements of the aforesaid statute,
a local Economic Development Zone Administrative Board is hereby established
to consist of nine members, including the Village of Ellenville Village
Manager who shall serve as Chairperson of the Board. The remaining
members of the Board shall include representatives from various sectors
within the Town of Wawarsing and Village of Ellenville, including
one person representing organized labor in the community, one person
from the business/industrial sector of the aforementioned community,
one person from the business/retail/commercial sector of the aforementioned
community, one person from the business/finance sector of the aforementioned
community, one person involved in the human resources sector of the
aforementioned community, an educator in the aforementioned community,
one representative from the general citizenry of the aforementioned
community, and one representative from a civic organization within
the community.
B.
The aforementioned local Economic Development Zone
Administrative Board shall perform the following duties:
(1)
Prepare an annual report regarding the economic development
zone activities, including an analysis of the extent to which the
goals set forth in the economic development zone application have
been met.
(2)
Undertake efforts to insure meaningful participation
by minority and women-owned businesses in economic development zone
activities.
(3)
In cooperation with local service officials, establish
a job training opportunities program sponsored by private employers
in accordance with the provisions of § 164-b or 350-l of
the Social Services Law.
(4)
Enter into agreements with local departments of social
services and community-based organizations to facilitate the provision
of ancillary or enhanced social services in any such zone.
(5)
Provide within the zone, or contract with a new or
existing community-based local development corporation or entity to
provide, strategic economic development planning for the zone, marketing
and promotion of the zone, assistance to companies in applying for
available benefits, preparation of application for financing assistance
and other technical assistance services; coordination of the delivery
of state and local programs within the zone; and operation of the
economic development assistance program in furtherance of the economic
development zone development plan as shall be determined by the designee.
[Adopted 10-3-1996 by L.L. No. 6-1996]
§ 9-6 Title.
The title of this article shall be the "Economic
Development Subzone of the Town of Wawarsing."
§ 9-7 Purpose.
The purpose of this legislation is for the establishment
of the Wawarsing Subzone of the Kingston-Ulster Economic Development
Zone, as authorized under Article 18-B of the New York State General
Municipal Law, as well as other pertinent state legislation, including
the Executive Law, the General Municipal Law, the New York State Urban
Development Corporation Act, the Public Authorities Law, the Real
Property Tax Law, the Tax Law and the Public Service Law.
§ 9-8 Zone Administrative Board; Zone Administrator; Zone Certification Officer.
A.
Zone Administrative Board.
(1)
The Zone Administrative Board shall be composed of
13 members. The Chairman of said Board shall be the Mayor of the City
of Kingston. The remaining 12 members shall be appointed by the Mayor
of the City of Kingston and shall include the Town of Ulster Supervisor,
a member of the local education field, a representative from the Ulster
County Government, two Town of Ulster business representatives, a
representative of the Town of Ulster, a representative of local business,
labor, community organizations, human resources, financial institutions
and a resident of the Zone.
(2)
The Zone Administrative Board shall give direction
to the activities of the Zone, and their duties and responsibilities
shall include those set forth in New York General Municipal Law Article
18-B, § 963(b).
(3)
The members of the Zone Administrative Board, other
than the Mayor, shall be appointed for two-year terms, except that
the initial Board shall include six members appointed for one-year
terms. No individual shall serve longer than three successive two-year
terms.
(4)
The Zone Administrative Board will serve as the coordinator
of all other organizations sponsoring programs within the Economic
Development Zone. The Board will be responsible for integrating the
diverse activities of other agencies and to the zoned development
plan. Individual members of the Board and the Board as a body shall
serve as a liaison with federal, state and local government officials,
voluntary organization and business, financial and educational communities.
B.
Zone Coordinator. The Zone Coordinator is hired by
the Zone Administration Board, and his/her function shall be to supervise
the daily activities of the Zone. The Zone Coordinator shall not serve
on the Zone Administrative Board.
C.
Zone Certification Officer.
(1)
The Zone Certification Officer will be appointed by
the Zone Administrative Board and shall not serve as a member of said
Board.
(2)
The Zone Certification Officer will compile information
and file necessary documentation with the state for designations.
Compilation of information and filings will be performed in conjunction
with the Zone Coordinator. The Zone Certification Officer will perform
functions and duties as set forth in New York General Municipal Law
Article 18-B, § 963(a).
D.
Program management. The Zone Administrative Board
will hire an EDZ Administrator to manage the day-to-day activities
of the Economic Development Zone. These activities shall include daily
administration, zone marketing, financial assistance, data collection,
clerical support and similar activities. The department personnel
of the Kingston Community Development Office, the City of Kingston
Planner, the Town of Ulster Planner, the Town of Wawarsing Planner
and the City of Kingston Corporation Counsel shall serve as support
staff to the Zone Administrator.
§ 9-9 Applicable areas.
The boundaries of the Kingston-Ulster Economic Development Zone are delineated on a map which shall be filed in the office of the Zone Coordinator and the City Engineer and are described more particularly in § 9-12 herein. The state and local zone incentives, as well as other activities associated with this article and the Zone development plan, shall be effective only within this area, unless otherwise amended by the State of New York or the Town of Wawarsing as provided by law.
§ 9-10 Zone development plan.
The Zone Administrative Board, through its policy-making
function, will determine the general direction of zone development
and establish the amount of resources to be allocated among Zone programs.
§ 9-11 Town of Wawarsing Zone incentives.
A.
Fee waivers. The Town of Wawarsing will waive the
following fees for nonresidential properties within the designated
Economic Development Subzone: Planning Board reviews, including site
plan, subdivision, curb cut and special permit, Noise Ordinance permit,
flood letters, street letters, zoning variance, plumbing permit, building
permit, certificate of compliance, certificate of occupancy, sewer
connection, sign permit, dumpster permit, blasting permit, demolition
permit, and social services inspection.
B.
Real property tax.
(1)
Real property constructed, altered, installed or improved
in the area designated as an Economic Development Zone pursuant to
Article 18-B of the New York General Municipal Law shall be exempt
from taxation and special ad valorem levies by the Town of Wawarsing
in accordance with the schedule set forth in New York Real Property
Tax Law § 485-e:
(a)
One hundred percent of the base amount in the
first seven years from the date on which the Economic Development
Zone is designated.
(b)
Seventy-five percent of the base amount in the
eighth year.
(c)
Fifty percent of the base amount in the ninth
year.
(d)
Twenty-five percent of the base amount in the
tenth year.
(2)
"Base amount" for purposes of this article, is as
defined in the New York Real Property Tax Law § 485-e, Subdivision
2.
C.
Sales tax. Pursuant to New York Tax Law § 1119,
refunds or credits shall be available for sales tax paid on tangible
personal property purchased for use in constructing, expanding or
rehabilitating industrial or commercial real property located in the
designated Economic Development Zone.
§ 9-12 Zone boundaries.
Zone boundaries are defined as all that tract
of land described in Exhibit A annexed hereto and made a part hereof.[1]
[1]:
Editor's Note: Exhibit A and subsequent amendments
thereto are on file in the office of the Town Clerk.