[Ord. 1657, 12/12/1991, § 1; as amended by Ord.
2166, 9/28/2010, § 2, by Ord. 2176, 4/12/2011, §§ 1,
2; and by Ord. 2229, 3/11/2014, § 1]
As used in this Part, the following terms shall have the meanings
indicated:
Any industrial, commercial or other business property owned
by an individual, association or corporation and located in a qualified
area, as hereinafter provided, or any such property which has been
the subject of an order by a government agency requiring the unit
to be vacated, condemned or demolished by reason of noncompliance
with laws, ordinances or regulations.
Repair, construction or reconstruction, including alterations
and additions, having the effect of rehabilitating deteriorated commercial
structures, so that they may be occupied or may attain a higher standard
of safety, health, economic use or amenity or are brought into compliance
with laws, ordinances or regulations governing such standards. Ordinary
upkeep and maintenance shall not be deemed an improvement.
Includes major renovation of existing building stock, including
major HVAC renovation, significant building envelope modifications,
and major interior renovations. The renovation must include floor
area expansion of at least 25% more occupiable floor area than currently
exists on the site.
The following areas within the Borough of Phoenixville determined
by the Borough Council to be eligible for tax exemption under Act
76 of 1977, Local Economic Revitalization Tax Assistance Act, and
Act 42 of 1977, Improvement of Deteriorating Real Property or Areas
Tax Exemption Act:
|
Mixed Use Growth
| |
|---|---|
|
15-4-39
| |
|
15-4-39.1
| |
|
15-8-3
| |
|
15-8-4
| |
|
15-8-5
| |
|
15-8-6
| |
|
15-8-7
| |
|
15-8-8
| |
|
15-8-9
| |
|
15-8-10
| |
|
15-8-20
| |
|
15-8-21-E
| |
|
15-9-77
| |
|
15-9-78-E
| |
|
15-9-79
| |
|
15-9-80
| |
|
15-9-81
| |
|
15-9-157
| |
|
15-9-157.1
| |
|
15-9-169
| |
|
15-10-1
| |
|
15-10-2-E
| |
|
15-10-7-E
| |
|
15-10-8
| |
|
| |
|
Town Center
| |
|
15-9-98
| |
|
15-9-458-E
| |
|
15-9-470
| |
|
15-10-124-E
| |
|
| |
|
Industrial
| |
|
15-14-402
| |
|
15-14-402.1
| |
|
15-14-404
|
The above areas are fully identified as deteriorated areas on
the map captioned "LERTA Areas" which is included and incorporated
herein at the end of this Chapter.
[Ord. 1657, 12/12/1991, §§ 2, 3; as amended
by Ord. 2166, 9/28/2010, § 2]
Subject to the schedule as set forth in § 24-503, there is hereby exempted from all real property taxation the additional assessment attributable to the actual costs of improvements to the assessed valuation of new construction built in any qualified areas as defined in this Part.
A.
The exemption from real property taxes shall be limited to that portion
of the additional assessment attributable to the actual cost of improvements
to deteriorated commercial property (commercial).
B.
In all cases, the exemption from taxes shall be limited to that portion
of the additional assessment attributable to the improvement or new
construction, as the case may be, and for which a separate assessment
has been made by the County Board of Assessment Appeals and for which
an exemption has been separately requested. No tax exemption shall
be granted if the property owner does not secure the necessary and
proper permits prior to improving the property. No tax exemption shall
be granted if the property as completed does not comply with the minimum
standards of the Housing and Building Codes of the Borough of Phoenixville.
C.
In any case after the effective date of this Part where deteriorated
commercial property is damaged, destroyed or demolished, by any cause
or for any reason, and the assessed valuation of the property affected
has been reduced as a result of said damage, destruction or demolition,
the exemption from real property taxation authorized by this Part
shall be limited to that portion of new assessment attributable to
the actual cost of improvements or construction that is in excess
of the original assessment that existed prior to damage, destruction
or demolition of property.
[Ord. 1657, 12/12/1991, § 4; as amended by Ord.
2166, 9/28/2010, § 2]
1.
The schedule of real estate taxes to be exempted shall be in accordance
with the below portion of improvements or new construction to be exempted
each year:
|
Length
|
Portion
| |
|---|---|---|
|
First year
|
100%
| |
|
Second year
|
90%
| |
|
Third year
|
80%
| |
|
Fourth year
|
70%
| |
|
Fifth year
|
60%
| |
|
Sixth year
|
50%
| |
|
Seventh year
|
40%
| |
|
Eighth year
|
30%
| |
|
Ninth year
|
20%
| |
|
Tenth year
|
10%
| |
|
After the tenth year
|
Exemption terminates
|
2.
The exemption from taxes granted under this Part shall be upon the
property and shall not terminate upon the sale or exchange of the
property.
3.
If an eligible property is granted tax exemption pursuant to this
Part, the improvements or new construction shall not, during the exemption
period, be considered as a factor in assessing other properties.
[Ord. 1657, 12/12/1991, § 5; as amended by Ord.
2166, 9/28/2010, § 2]
1.
Any person or entity, or such person's or entity's subsidiaries,
affiliates or other associated holdings desiring tax exemption pursuant
to this Part should apply to the Borough of Phoenixville within 30
days of the time a building permit is secured for construction of
the improvement or new construction. The application must be in writing,
upon forms specified by the Borough, setting for the following information:
A.
The date the building permit was issued for said improvement as new
construction.
B.
The location of the property.
C.
The use being made or to be made of the property.
D.
The type of improvements or new construction.
E.
The summary of the plan of the improvements or new construction.
F.
The actual cost of the improvements or new construction.
G.
Whether or not the property has been condemned or cited by any governmental
body for noncompliance with laws, regulations and/or ordinances.
H.
The property has been inspected and examined by the Borough Engineer.
I.
Such additional information as the Borough may require.
2.
A copy of the exemption request shall be forwarded to the County
Board of Assessment Appeals by the Borough Manager. Within 60 days,
the Board shall, after completion of construction, assess separately
the improvement and the land upon which the new construction stands
and calculate the amounts of the assessment eligible for tax exemption
in accordance with the limits established by this Part and notify
the taxpayer and the local taxing authorities of the reassessment
and amounts of the assessment eligible for exemption.
3.
The cost of improvements or new construction to deteriorated commercial
properties to be exempted and the schedule of taxes exempted existing
at the time of the initial request for tax exemption shall be applicable
to that exemption request, and a subsequent amendment to this Part,
if any, shall not apply to a request initiated prior to its adoption.
4.
Each person or entity, or such person's or entity's subsidiaries,
affiliates or other associated holdings, making application for and
receiving exemption under this Part agrees, that upon completion of
the ten-year exemption schedule, not to take any appeals for reassessment
for a period of five years.
5.
No person or entity, or such person's or entity's subsidiaries, affiliates
or other associated holdings, will be eligible for exemption under
this Part unless all property taxes are current, there are no outstanding
liens against the property, and all fees for municipal services (including,
but not limited to, water, sewer, and trash services) are current
for all properties such person's or entity, or such person or entity's
subsidiaries, affiliates or other associated holdings owns in the
Borough
6.
Appeals from the reassessments and the amount eligible for exemption
may be taken by the taxpayer or the Borough as provided by law.
[Ord. 1657, 12/12/1991, § 6; as amended by Ord.
2166, 9/28/2010, § 2]
This Part shall become effective upon adoption of resolutions
by the Phoenixville Area School District and by the County of Chester
exempting from real property taxation, new construction or improvements
on deteriorated commercial properties in accordance with the terms
of this Part.
[Ord. 1657, 12/12/1991, § 7; as amended by Ord.
2166, 9/28/2010, § 2]
No amendments to this Part shall be effective unless consented
to by resolution or ordinance of each taxing authority consenting
to be bound by the terms of this Part.
[Ord. 1657, 12/12/1991, § 8; as amended by Ord.
2166, 9/28/2010, § 2; and by Ord. 2017-2276, 7/11/2017]
This Part shall expire and terminate on July 31, 2017. However,
any taxpayer who has received or applied for the exemption granted
by this Part prior to the expiration date herein provided shall, if
said exemption is granted, be entitled to the full ten-year exemption
authorized herein.
