Payment of abated taxes; penalties for violation or cancellation of agreement.

A. At the time of such cancellation, or if the terms of the conveyance of interest or right have been violated by the landowner, the Town will assess rollback taxes and a penalty, unless waived, as described in § 220-7. The penalty shall be assessed against all the land under conveyed interest or right, except in the case of the death of a sole owner in which case the penalty will be assessed only against that portion which is to be developed or changed in use within one year of the date of death. Thereafter, the penalty and payment of abated taxes will be levied upon the land under the conveyed interest or right. The penalty decreases with the length of time the interest or right has been held by the Town of Webster. This encourages the owner to stay in the program as long as possible.

B. If there is a substantial violation of the terms and conditions of the agreement or if said agreement is canceled by the Town Board upon petition, the then owner or owners of said property must pay to the Town of Webster, unless waived pursuant to § 220-7, both of the following amounts:

(1) Calculation and payment of abated taxes. All taxes granted abatement under and pursuant to the agreement, said taxes to include the state, county, town, school districts and all special improvement districts and other taxing units to which the property is subject, shall be repaid. Such repayment of abated taxes shall be returned to the rightful taxing jurisdictions. In the event an amount less than the full amount due is received, then a proportionate share of the total received shall be returned to each of the rightful taxing jurisdictions. The amount of the payment of such abated taxes shall be limited as follows: any agreement broken before its 11th year will be subject to a five-year maximum rollback; an agreement broken between its 11th and 15th year will be subject to a four-year maximum rollback; and an agreement broken in its 16th year or later will be subject to a three-year maximum rollback; and

(2) Calculation and payment of penalties. The penalty shall be assessed on the basis of the previous year's tax abatement multiplied by a factor equal to the term of the agreement divided by the current year of the agreement. This factor shall not exceed five.