RESOLUTION PROVIDING FOR ASSESSMENT DEFERRAL IN ACCORDANCE WITH THE PROVISIONS OF SECTION 12-65b OF THE CONNECTICUT GENERAL STATUTES I AS AMENDED
BE IT RESOLVED, by the Town council of the Town of East Hampton that pursuant to Section l2-65b of the Connecticut General Statutes the Economic Development Commission of the Town of East Hampton may recommend assessment deferrals to the Town Council as follows:
I. Purpose: The purpose of the Assessment Deferral Program is to attract commercial/industrial development, thereby expanding the tax base in East Hampton and enhancing the local job market by adding additional employment opportunities.
II. Qualifying Development The following types of development, consistent with state and local codes and regulations shall be considered:
A. Real Property Improvements for Office Use
B. Real Property Improvements for Manufacturing Use
C. Real Property Improvements for Retail Use
D. Real Property Improvements for Warehouse Use
III. Target Areas The priority target areas for business development follows:
A. The Design Development Zone
B. Industrial Zones
C. Village Center Zone
D. Retail/Commercial Zones
IV. General Requirements Applications for assessment deferrals under this program will be considered under the following circumstances:
A. The proposed project is located in a target area.
B. The proposed project will comply and will continue to comply with all applicable federal, state and local codes and regulations.
C. The proposed project will comply with the American Disability Act (ADA) accessibility regulations.
D. The proposed project will create at least one or more new jobs
E. The proposed project will be compatible with neighboring areas/development.
F. The proposed project will be architecturally acceptable/ compatible to the area.
G. The proposed project will impose minimum. added demands on town services.
H. The proposed project will tie in with the town infrastructure (i.e., roads, sewers, water).
I. The proposed project will be of quality construction.
J. The proposed project developer/owner has a good environmental "track record."
K. The proposed project developer/owner has no delinquency in any taxes or service charges due the Town of East Hampton.
L. The proposed project will have a clear benefit to the Town of East Hampton.
V. Local Employment Requirements To the extent feasible, the developer/owner shall commit to the utilization of town-based businesses and local residents during both the construction and operation phases of the project.
VI. Application Procedure All assessment deferral applications shall be made in writing by any party owning or proposing to acquire interest in real property in East Hampton on a form prescribed by the Town Manager. The completed form must be submitted to the Town Manager for presentation to the East Hampton Economic Development Commission. The Commission at its next regular meeting will review the application and invite the proposed developer/owner to make a formal presentation.
The Economic Development Commission shall examine the application to determine if it conforms to and complies with the town's requirements. Each application shall be reviewed on a case by base basis. Within 30 days of receipt of the application, the Economic Development Commission shall report their findings in writing to the Town Council who shall act upon the Commission's report within 30 days.
The final decision shall be the sole responsibility of the Town Council. In the event of unusual or extraordinary circumstances, the Town Council may alter or waive any requirements contained herein.
VII. Assessment Deferral Agreement Pursuant to Section l2-65b of the Connecticut General Statutes, as amended, the assessment of real property and all improvements thereon or therein may be fixed for a period of not more than seven (7) years provided the cost of such improvements to be constructed is not less than $3,000,000; or for a period of not more than two (2) years provided the cost of such improvements to be constructed is not less than $500,000; or to the extent of 50% of such increased assessment for a period of not more than three (3) years, provided the cost of such improvements to be constructed is not less than $100,000.
The fixed assessment period shall commence with the first fiscal year of the Town of East Hampton for which a tax list is prepared on October 1st immediately following the issuance of a Building Permit for any construction. The assessment of real p.roperty for the period prior to the affixed assessment period shall be determined in the normal course pursuant to st~te and local laws and ordinances.
After approval of any application by the Town Council, and the execution of an agreement, construction shall commence within six (6) months and shall be completed within eighteen (18) months. Any extension from this retirement must be recommended by the Economic Development Commission and approved by the East Hampton Town Council.
All agreements shall contain a provision that any owner that does not meet obligations contained in said assessment deferral agreement shall be liable to the town for all taxes that would have been due on the property, had such an agreement not been in place.
The Town Council of the Town of East Hampton hereby reserves all rights to grant or deny an assessment deferral application within its sole and absolute discretion.
By order of the East Hampton Town Council this 27th day of September, 1994.
Robert H. Heidel, Chairman
Barton Blau
Reginald Hazen
Wayne Rand
Roderick Rinell
Bruce Tuthill
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