[Adopted 12-23-1993 by Ord. No. 15-93[1]; readopted 10-1-2005 by Ord. No. 17-2005; 9-14-2017 by Ord. No. 18-2017]
[1]
Editor's Note: This ordinance also superseded former Art.
I, Home Improvement Deduction, adopted 4-9-1987 by Ord. No. 87-5.
As used in this article, the following definitions shall apply:
The officer of a taxing district charged with a duty of assessing
real property for the purpose of general taxation.
Substantially ready for the intended use for which a building
or structure is constructed, improved or converted.
A property created or recorded as a condominium pursuant
to the Condominium Act, P.L. 1969, c. 257 (N.J.S.A. 46:8B-1 et seq.).
A building or part of a building used, to be used or held
for use as a home or residence, including accessory buildings located
on the same premises, together with the land upon which such building
or buildings are erected and which may be necessary for the fair enjoyment
thereof, but shall not mean any building or part of a building defined
as a "multiple dwelling" pursuant to the Hotel and Multiple Dwelling
Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.). A dwelling shall
include, as they are separately conveyed to individual owners, individual
residences within a cooperative, if purchased separately by the occupants
thereof, and individual residence within a horizontal property regime
or a condominium, but shall not include general common elements or
common elements of such horizontal property regime or condominium
as defined pursuant to the Horizontal Property Act, P.L. 1963, c.
168 (N.J.S.A. 46:8A-1 et seq.), or the Condominium Act, P.L. 1969,
c. 257 (N.J.S.A. 46:8B-1 et seq.), or a cooperative, if the residential
units are owned separately.
That portion of the Assessor's full and true value of any
improvement, conversion, alteration or construction regarded as increasing
the taxable value of a property pursuant to this article.
A modernization, rehabilitation, renovation, alteration or
repair which produces a physical change in an existing building or
structure that improves the safety, sanitation, decency or attractiveness
of the building or structure as a place for human habitation or work
and which does not change its permitted use. In no case shall it include
the repair of fire or other damage to a property for which payment
of a claim was received by any person from an insurance company at
any time during the three-year period immediately preceding the filing
of an application pursuant to this article.
In determining the value of real property for the purpose of
taxation, the first $25,000 in the Assessor's full and true value
of improvements for each dwelling unit primarily and directly affected
by the improvement in any dwelling more than 20 years old shall not
increase the value of the property for a period of five years, notwithstanding
that the value of the property to which the improvements are made
is increased thereby.
During the exemption period for dwelling structures, the assessment
on the property shall not be less than the assessment thereon existing
immediately prior to the improvements, unless there is damage to the
structure through action of the elements sufficient to warrant a reduction.
The Assessor shall determine, on October 1 of the year following
the date of the completion of an improvement, the true taxable value
thereof. The amount of tax to be paid for the first full tax year
following completion shall be based on the assessed valuation of the
property for the previous year. The property shall continue to be
treated in the appropriate manner for each of the five full tax years
subsequent to the original determination by the Assessor.
Additional improvements completed on a property granted a previous exemption during the period in which such previous exemption is in effect shall be qualified for an exemption just as if said property had not received a previous exemption. In such case, the additional improvement shall be considered as separate for the purpose of calculating the exemption; provided, however, that in any tax year the total exemption for any dwelling structure shall not exceed the amount set forth in § 85-2 of this article.
No exemption shall be granted, pursuant to this article, with
respect to any property for which property taxes are delinquent or
remain unpaid or for which penalties for nonpayment of taxes are due.
The exemption of real property taxes provided pursuant to this
article shall apply to property taxes levied for municipal purposes,
school purposes, county government purposes and for the purposes of
funding any other property tax exemptions or abatements.
No exemption shall be granted pursuant to this article except
upon written application therefor filed with and approved by the Assessor
of the Borough of Clayton. Every application shall be on a form prescribed
by the Director of the Division of Taxation in the Department of the
Treasury and provided for the use of claimants by the governing body
and shall be filed with the Assessor within 30 days, including Saturdays
and Sundays, following the completion of the improvement. Every application
for exemption which is filed within the time specified shall be approved
and allowed by the Assessor to the degree that the application is
consistent with the provisions of this article. The granting of an
exemption shall be recorded and made a permanent part of the official
tax records of the Borough, which record shall contain a notice of
the termination date thereof.
This article authorizes the Borough of Clayton to grant exemptions
and abatements to commence and take effect in the 2016 tax year and
thereafter.
