As used in this article, the following terms
shall have the meanings indicated:
AREA IN NEED OF REHABILITATION
A portion or all of a municipality which has been determined
to be an area in need of rehabilitation or redevelopment pursuant
to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et
seq., a blighted area as determined pursuant to the Blighted Areas
Act, N.J.S.A 40:55-21.1 et seq., or which has been determined to be in need of rehabilitation
pursuant to N.J.S.A. 54:4-3.72 et seq., 54:4-3.95 et seq., or 54:4-3.121
et seq.
ASSESSOR
The officer of a taxing district charged with the duty of
assessing real property for the purpose of general taxation.
COMPLETION
Substantially ready for the intended use for which a building
or structure is constructed, improved or converted.
CONDOMINIUM
A property created or recorded as a condominium pursuant
to the Condominium Act, N.J.S.A 46:8B-1 et seq.
COOPERATIVE
A housing corporation or association wherein the holder of
a share or membership interest thereof is entitled to possess and
occupy, for dwelling purposes, a house, apartment or other unit of
housing owned by the corporation or association or to purchase a unit
of housing owned by the corporation or association.
DWELLING
A building or part of a building used, to be used or held
for use of a home or residence, including accessory building located
on the same premises, together with the land upon which the 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, N.J.S.A. 55:12A-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 residences within a horizontal property or regime or a
condominium but shall not include general common elements or common
elements or such horizontal property regime or condominium as defined
pursuant to the Horizontal Property Act, N.J.S.A. 46:8A-1 et seq.,
or the Condominium Act, N.J.S.A. 46:8B-1 et seq., or the cooperative,
if the residential units are owned separately.
EXEMPTION
That portion of the assessor's full and true value of any
improvement, conversion, alteration or construction not regarded as
increasing the taxable value of a property pursuant to this act.
HORIZONTAL PROPERTY REGIME
A property submitted to a horizontal property regime pursuant
to the Horizontal Property Act, N.J.S.A. 46:8A-1 et seq.
IMPROVEMENT
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
repair of fire or other casualty 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 act.
The entire City of Garfield is hereby designated
as an area in need of rehabilitation and in which one- and two-family
dwelling units may be eligible for tax exemption pursuant to 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.
Applicants for tax exemption on dwellings shall
provide to the Mayor and the City Council and the Assessor an application
setting forth:
A. A general description of the dwelling for which the
exemption is sought.
B. The legal description of all real estate necessary
for the dwelling.
C. Plans, drawings and other documents as may be required
by the Mayor, the City Council and/or Assessor to demonstrate the
structure and design of the dwelling.
D. Estimates of the cost of completing such dwelling.
E. A statement showing:
(1) The real estate property taxes currently being assessed
at the dwelling site.
(2) The estimate tax payments that would be made annually
by the applicant on the dwelling during the period of tax exemption.
(3) The estimate tax payments that would be made by the
applicant on the dwelling during the first full year following the
termination of the tax exemption.
F. A description of any lease agreements that would be
made by the applicant on the dwelling during the first full year following
the termination of the tax exemption.
G. Such other pertinent information as the Mayor, the
City Council and/or Assessor may require.
Pursuant to N.J.S.A. 40A:21-20, notice of the
adoption of this article shall be included in the mailing of annual
property tax bills to each owner of a dwelling located in the City
of Garfield during the first year following adoption of this article.
Any such exemption authorized pursuant to this
article shall be approved and determined in accordance with the provisions
of N.J.S.A. 40A:21-1 et seq. and any applicable rules and regulations
promulgated by the Commissioner of the Department of Community Affairs.