[Adopted 12-18-2014 by Ord. No. 913]
As used in this article, the following words and phrases have
the meaning set forth below.
An area that may be designated by the Borough Council at
any time.
Any industrial, commercial or other business property owned
by an individual, partnership, association, corporation or other entity
and located in the Borough of Sayre. No residential homes, apartments
or other living establishments will be included except hotels and
motels which rent rooms on a short-term basis.
Repair, construction, or reconstruction, including alterations
and additions, having the effect of rehabilitating a deteriorated
property so that it becomes habitable or attains higher standards
of safety, health, economic use or amenity, or is brought into compliance
with laws, ordinances, or regulations governing such standards, Ordinary
upkeep and maintenance shall not be deemed an improvement.
The Borough of Sayre, the Sayre School District and the County
of Bradford or any other governmental entity having the authority
to levy real property taxes within the Borough of Sayre.
Construction of new industrial, commercial or other business
facilities which are owned by an individual, partnership, association
or corporation and will be used solely for business purposes.
B.
In all cases, the exemption from taxes shall be limited to that portion
of the additional assessment valuation attributable to the actual
costs of new construction or improvements, as the case may be, and
for which a separated assessment has been made by the Bradford County
Board of Assessment Appeals, and for which an exemption has been separately
requested.
C.
No tax exemption shall be granted if the property owner does not
secure the necessary and proper permits prior to improving the property.
D.
In any case, after the effective date of this article when deteriorated
property or new construction 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 article 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 assessments that existed prior to the
damage, destruction or demolition of the property.
A.
The following real estate exemption schedule shall be in effect for
five years commencing with the new tax year following the tax year
within which the new construction or improvement is completed:
|
Length
|
Portion Exempt
|
|---|---|
|
1st year
|
100%
|
|
2nd year
|
100%
|
|
3rd year
|
100%
|
|
4th year
|
100%
|
|
5th year
|
100%
|
B.
After the fifth year, the exemption shall terminate.
C.
The exemption from taxes granted under this article shall be upon
the property exempted and shall not terminate upon the sale or exchange
of the property but shall continue for the full time originally granted.
D.
If the use of the property at the time the exemption is granted is
modified, terminated or changed during the five-year period which
in any way would have affected the exemption if the property had been
so used when the exemption was granted, then, at the election of the
Borough of Sayre, the exemption shall terminate as of the date the
use was modified or terminated or the Borough of Sayre determines
that the continuation of the exemption would be inconsistent with
the purposes of this article.
A.
Any person desiring tax exemption pursuant to this article shall
apply to the Borough of Sayre at the time a building permit is secured
for new construction or for the improvement. The application shall
be in writing upon forms specified by the Borough of Sayre setting
forth the following information:
(1)
The date the building permit was issued along with zoning, land division
and/or land development requirements;
(2)
The location of the property to be improved;
(3)
The nature of the property to be improved (industrial, commercial,
etc.);
(4)
The type of improvement;
(5)
The summary of the plan of the improvement;
(6)
The cost of the improvement;
(7)
The property has been inspected and verified by the Sayre Borough
Manager or his designated agent; and
(8)
Certification by the applicant that there are no unpaid real estate
taxes, municipal sewer charges, or other municipal charges, bills
or liens outstanding related to the property.
(9)
Such additional information as the Borough of Sayre may require.
B.
A copy of the exemption requests shall be forwarded to the Bradford
County Board of Assessment by the Sayre Borough Manager. The Bradford
County Board of Assessments shall, after completion of the new construction
or improvement, assess separately the new construction or improvement
and calculate the amounts of the assessment eligible for tax exemption
in accordance with the limits set forth in this article and shall
notify the taxpayer and Sayre Borough of the reassessment and amounts
of the assessment eligible for exemption. The cost of new construction
or improvements 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 subsequent amendment to
this article, if any, shall not apply to requests initiated prior
to their adoption. Appeals from the reassessment and the amount eligible
for the exemption may be taken by the Borough of Sayre or by the taxpayer
as provided by law.
No amendment to this article shall be effective unless consented
to by resolution or ordinance of each local taxing authority which
has consented to be bound by the terms of this article.
This article shall automatically terminate five years following
the effective date hereof, providing, however, any taxpayer who has
received or applied for exemption granted by this article prior to
the expiration date herein provided shall, if said exemption is granted,
be entitled to the full exemption authorized herein. This section
shall not prevent the Borough of Sayre, however, from repealing this
article or any section thereof before five years upon proper action
of the Borough of Sayre.
Any exemption made permissible under this article shall not
be applied to any residential home, apartment buildings or other living
establishments, except hotels and motels which rent rooms on short-term
basis.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Borough of Sayre that this article would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
This article shall become effective upon adoption by the Borough
of Sayre, Sayre Area School District, and the Bradford County Commissioners.
