* § 485-n. Residential-commercial exemption program. 1. Definitions.\nAs used in this section, the following terms shall have the following\nmeanings:\n (a) "Applicant" means any person obligated to pay real property taxes\non real property for which an exemption from taxes under this section is\nsought.\n (b) "Benefit area" means the area within a municipality, designated by\nlocal law, to which an exemption, established pursuant to this section,\napplies.\n (c) "Commercial construction work" means the modernization,\nrehabilitation, expansion or other improvement of commercial use\nproperty or the portion of mixed-use property to be used for commercial\npurposes.\n (d) "Commercial purpose or use" means the buying, selling or otherwise\nproviding of goods or services, including hotel services, or other\nlawful business or commercial activities permitted upon mixed-use\nproperty.\n (e) "Commercial use property" means real property on which will exist,\nafter completion of commercial construction work, a building used for\ncommercial purposes or use.\n (f) "Mixed-use property" means real property on which will exist,\nafter completion of residential construction work or a combination of\nresidential construction work and commercial construction work, a\nbuilding or structure used for both residential and commercial purposes.\n (g) "Municipality" means any town, city, village or other taxing\nentity located in a county having a population of not less than\nsixty-five thousand three hundred ninety and not more than sixty-five\nthousand four hundred as determined by the federal decennial census for\nthe year two thousand ten or in a county having a population of not less\nthan ninety-eight thousand nine hundred and not more than ninety-nine\nthousand as determined by the federal decennial census for the year two\nthousand ten.\n (h) "Residential construction work" means the creation, modernization,\nrehabilitation, expansion or other improvement of dwelling units, other\nthan dwelling units in a hotel, in the portion of mixed-use property to\nbe used for residential purposes.\n 2. (a) A municipality, other than a county or school district as\nprovided in this section, may, by local law, provide for the exemption\nof real property in a designated benefit area from taxation as provided\nin this section. Subsequent to the adoption of such a local law, the\ncounty in which such municipality is located may, by local law, and any\nschool district, all or part of which is located in such municipality,\nmay, by resolution, exempt such property from its taxation in the same\nmanner and to the same extent as such municipality has done.\n (b) Such local law shall provide for the appointment of a\ncommercial/mixed use incentive board which shall be responsible for\ndesignating the benefit area to be exempt from taxation as provided in\nthis section. The membership and composition of such board shall be set\nforth in local law. Such board shall present a plan to the local\ngoverning body concerning the various types of commercial and/or\nmixed-use properties which may be granted an exemption pursuant to this\nsection. In addition such plan shall identify designated benefit areas,\nwithin which such exemption may be offered. In developing such plan the\ncommercial/mixed use incentive board shall consider the planning\nobjectives of the municipality and the necessity of the exemption to the\nattraction of commercial and mixed use development as identified by the\nmunicipality and the economic benefit to the area of providing\nexemptions to commercial and mixed-use properties. In instances where a\nmunicipality has previously designed a business district encompassing a\ndefined area which was subject to public input and was approved by and\nreceived funding for economic development purposes from a state agency,\nthe municipality may utilize the defined boundaries of such previously\ndefined area, or a combination of such boundaries subj
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