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LEGISLACION EN AMERICA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
termines that a plan which it has formulated, consisting only of tax exemption and/or remission
of taxes, meets the standards set forth in subdivision b of this section, as such plan was original-
ly formulated, or with such modifications as the commission deems necessary or appropriate,
the commission shall deny the request of the applicant for a certificate of appropriateness and
shall approve such plan, as originally formulated, or with such modifications.
2.
Such plan, as so approved, shall set forth the extent of tax exemption and/or remission of
taxes deemed necessary by the commission to meet such standards.
3.
The commission shall promptly mail a certified copy of such approved plan to the applicant
and shall promptly transmit a certified copy thereof to the tax commission. Upon application
made by the owner of such improvement pursuant to the provisions of paragraph five of this
subdivision e, the tax commission shall grant, for the fiscal year next succeeding the date of ap-
proval of such plan, the tax exemption and/or remission of taxes provided for therein.
4.
In accordance with procedures prescribed by the regulations of the commission, it shall deter-
mine, upon application by the owner of such improvement made in advance of each succeeding
fiscal year, the amount of tax exemption and/or remission of taxes, if any, which it deems
necessary, as a renewal of such plan for the ensuing year, to meet the standards set forth in
subdivision b of this section, and shall promptly mail a certified copy of any approved renewal
of such plan to the applicant and shall promptly transmit a certified copy of such renewal to the
tax commission. Upon application made by the owner of such improvement pursuant to the
provisions of paragraph five of this subdivision e, the tax commission shall grant, for such fiscal
year, the tax exemption and/or remission of taxes specified in such determination.
5.
Where any such plan or a renewal thereof is approved by the commission, pursuant to the
provisions of the preceding paragraphs of this subdivision e, prior to January first next preced-
ing the fiscal year to which the tax benefits of such plan or renewal thereof are applicable, the
owner shall not be entitled to such benefits for such fiscal year unless he or she files an appli-
cation therefor with the tax commission between February first and March fifteenth, both
dates inclusive, next preceding such fiscal year.Where any such plan or a renewal thereof is
approved by the commission between January first and June thirtieth, both dates inclusive, next
preceding the fiscal year to which the tax benefits of such plan or renewal thereof are appli-
cable, the owner shall not be entitled to such benefits for such fiscal year unless he or she files
an application therefor with the tax commission on or before August first of such fiscal year.
f.
1.
In any case where the commission determines, after holding a public hearing pursuant to subdivi-
sion d of this section, that a plan which it has formulated, consisting in whole or in part of any propos-
al other than tax exemption and/or remission of taxes,meets the standards set forth in subdivision b
of this section, as such plan was originally formulated, or with suchmodifications as the commission
deems necessary or appropriate, the commission shall approve such plan, as originally formulated, or
with suchmodifications, and shall promptly mail a copy of same to the applicant.
2.
The owner of the improvement proposed to be benefited by such plan mentioned in paragraph
one of this subdivision f may accept or reject such plan by written acceptance or rejection filed
with the commission.
If such an acceptance is filed, the commission shall deny the request of such applicant for a
certificate of appropriateness. If a new application for a permit from the department of build-
ings and a new request for a certificate of appropriateness are filed, which application
and request conform with such proposed plan, the commission shall grant such certificate as
promptly as is practicable and in any event within thirty days after such filing.
3.
If such accepted plan consists in part of tax exemption and/or remission of taxes, the provi-
sions of paragraphs two, three, four and five of subdivision e of this section shall govern the
granting of such tax exemption and/or remission of taxes.
g.
1.
Except in a case where the applicant is required to establish the conditions set forth in paragraph
two of subdivision a of this section, if
a.
The commission does not formulate and mail a plan pursuant to the provisions of subdivisions b,
c, and d of this section within the period of time prescribed by such subdivision d; or
b.
The commission does not approve a plan pursuant to the provisions of subdivision e or f of
this section within sixty days after the mailing of such plan to the applicant; or
c.
A plan approved by the commission pursuant to the provisions of paragraph one of subdivi-
sion f of this section is rejected by the owner of such improvement pursuant to the provisions of
paragraph two of such subdivision; the commission may, within ten days after expiration of the
applicable period referred to in subparagraphs (a) and (b) of this paragraph one, or within ten
days after the filing of a rejection of a plan pursuant to paragraph two of subdivision f of this
section, as the case may be, transmit to the mayor a written recommendation that the city ac-
quire a specified appropriate protective interest in the improvement parcel which includes the
improvement with respect to which the request for a certificate of appropriateness was filed,
and shall promptly notify the applicant of such action.
2.
If, within ninety days after transmission of such recommendation, or, if no such recommenda-
tion is transmitted, within ninety days after the expiration of the period herein prescribed for
such transmission, the city does not:
a.
Give notice, pursuant to section three hundred eighty-two of the charter, of an application to
condemn such interest or any other appropriate protective interest agreed upon by the
mayor and the commission; or
b.
Enter into a contract with the owner of such improvement parcel to acquire such interest, as so rec-
ommended or agreed upon; the commission shall promptly grant, issue and forward to the owner,
in lieu of the certificate of appropriateness requested by the applicant, a notice to proceed.
h.
No plan which consists in whole or in part of the granting of a partial or complete tax exemption
or remission of taxes pursuant to the provisions of this chapter shall be deemed to have been ap-
proved by the commission unless it is also approved by the mayor and council within the period of
time prescribed by this section for approval of such plan by the commission.
i.
1.
In any case where the applicant is required to establish the conditions set forth in paragraph
two of subdivision a of this section, as promptly as is practicable after making a preliminary de-
termination with respect to such conditions, as provided in paragraph one of subdivision a of
this section, and within one hundred and eighty days after making such preliminary determi-
nation, the commission, alone or with the aid of such persons and agencies as it deems neces-
sary and whose aid it is able to enlist, shall endeavor to obtain a purchaser or tenant (as the case
may be) of the improvement parcel or parcels with respect to which the application has been
made, which purchaser or tenant will agree, without condition or contingency relating to the
issuance of a certificate of appropriateness or notice to proceed and subject to the provisions
of paragraph three of this subdivision i, to purchase or acquire an interest identical with that
proposed to be acquired by the prospective purchaser or tenant whose agreement is the basis of
the application, on reasonably equivalent terms and conditions.
2.
The applicant shall, within a reasonable time after notice by the commission that it has obtained
such a purchaser or tenant, which notice shall be served within the period of one hundred and
eighty days provided by paragraph one of this subdivision i, enter into such agreement to
sell or lease (as the case may be) with the purchaser or tenant so obtained. Such notice shall
specify a date for the execution of such agreement, which may be postponed by the commis-
sion at the request of the applicant.
3.
The provisions of this section shall not, after the consummation of such agreement, apply to
such purchaser or tenant or to the heirs, successors or assigns of such purchaser or tenant.
4.
a.
If, within the one hundred eighty day period following the commission’s preliminary determina-
tion pursuant to paragraph one of subdivision a of this section, the commission shall not have
succeeded in obtaining a purchaser or tenant of the improvement parcel, pursuant to para-
graph one of this subdivision i, or if, having obtained such a purchaser or tenant, such purchaser
or tenant fails within the time provided in paragraph two of this subdivision i, to enter into
the agreement provided for by such paragraph two, the commission, within twenty days after
the expiration of the one hundred eighty day period provided for in paragraph one of this subdivi-
sion i, or within twenty days after the date upon which a purchaser or tenant obtained by the
commission pursuant to the provisions of such paragraph one fails to enter into the agree-
ment provided for by said paragraph, whichever of said dates later occurs, may transmit to
the mayor a written recommendation that the city acquire a specified appropriate protective
interest in the improvement parcel or parcels which include the improvement or are part
