§ 499-ccc. Application for tax abatement.
1.To obtain a tax abatement\npursuant to this title, an applicant must file an application for tax\nabatement, which may be filed on or after January first, two thousand\nnine, and on or before March fifteenth, two thousand twenty-six.\n 2. Such application shall be filed with a designated agency no later\nthan the March fifteenth before the tax year, beginning July first, for\nwhich the tax abatement is sought.\n 3. Such application shall contain the following:\n (a) The name and address of the applicant and the location of the\ngreen roof.\n (b) Proof that the applicant received all required certifications,\npermits and other approvals to construct the green roof.\n (c) Certifications, in a form prescribed by a designated agency, from\nan
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§ 499-ccc. Application for tax abatement. 1. To obtain a tax abatement\npursuant to this title, an applicant must file an application for tax\nabatement, which may be filed on or after January first, two thousand\nnine, and on or before March fifteenth, two thousand twenty-six.\n 2. Such application shall be filed with a designated agency no later\nthan the March fifteenth before the tax year, beginning July first, for\nwhich the tax abatement is sought.\n 3. Such application shall contain the following:\n (a) The name and address of the applicant and the location of the\ngreen roof.\n (b) Proof that the applicant received all required certifications,\npermits and other approvals to construct the green roof.\n (c) Certifications, in a form prescribed by a designated agency, from\nan engineer or architect or other certified or licensed professional\nwhom a designated agency designates by rule (i) that a green roof has\nbeen constructed on an eligible building in accordance with this title,\nthe rules promulgated hereunder, and local construction and fire codes,\n(ii) that a structural analysis of such building has been performed\nestablishing that the building can sustain the load of the green roof in\na fully saturated condition, and (iii) pursuant to paragraph (f) of\nsubdivision ten of section four hundred ninety-nine-aaa of this title,\nif required. All certifications required by this title or the rules\nhereunder shall set forth the specific findings upon which the\ncertification is based, and shall include information sufficient to\nidentify the eligible building, the certifying engineer, architect or\nother professional, and such other information as may be prescribed by a\ndesignated agency.\n (d) An agreement by the applicant, which includes a maintenance plan,\nto maintain the green roof during the compliance period and for a\nminimum of three years thereafter in such a manner that it continuously\nconstitutes a green roof within the meaning of this title and the rules\npromulgated hereunder.\n (e) An agreement to permit a designated agency or its designee to\ninspect the green roof and any related structures and equipment upon\nreasonable notice.\n (f) Any other information or certifications required by a designated\nagency pursuant to this title and the rules promulgated hereunder.\n 4. An application for tax abatement shall be in any format prescribed\nby a designated agency, including electronic form.\n 5. An application for tax abatement shall be approved by a designated\nagency upon determining that the applicant has submitted proof\nacceptable to such agency that the requirements for obtaining a tax\nabatement pursuant to this title and the rules promulgated hereunder\nhave been met. The burden of proof shall be on the applicant to show by\nclear and convincing evidence that the requirements for granting a tax\nabatement have been satisfied.\n 6. Upon notification from a designated agency that an application for\ntax abatement has been approved, the department of finance shall apply\nthe tax abatement, provided there are no outstanding real estate taxes,\nwater and sewer charges, payments in lieu of taxes or other municipal\ncharges with respect to the eligible building.\n