[Adopted 12-11-1995 by Ord. No. 566, approved 12-11-1995]
A. 
The Borough Council hereby designates the property zoned HI (Heavy Industrial), containing approximately 33 acres more or less, as deteriorated, taking into account the criteria set forth and incorporated into said Act, Subsection 4 (72 P.S. § 4725). It is determined that said property will not be improved unless a tax exemption is granted for any improvement made to said land. It is also noted by Council that a new zoning ordinance is pending for review and adoption which could change said property from HI (Heavy Industrial) to PCO (Planned Commercial/Office).
B. 
The area designated as deteriorated, in accordance with said Act No. 76,[1] is more fully described in Exhibit A, which is attached hereto and herein incorporated by reference.[2]
[1]
Editor's Note: See 72 P.S. § 4725.
[2]
Editor's Note: Schedule A is on file in the Borough offices.
Subject to the schedule hereinafter set forth, there is hereby exempted from all real property taxation that portion of the additional assessment attributable to the actual costs of improvements to the designated deteriorated property.
As used in this article, the following term shall have the meaning indicated:
IMPROVEMENTS
Repair, new construction or reconstruction, including alterations or additions, having the effect of rehabilitating the deteriorated property so that it becomes habitable, usable and attains higher standards of safety, health, economic use or amenity, and is brought into compliance with laws, ordinances or regulations governing such standards.
A. 
The schedule of real estate taxes to be exempted shall be in accordance with the following percentage of improvements to be exempted each year:
Year
Portion to be Exempt
First
100%
Second
90%
Third
80%
Fourth
70%
Fifth
60%
Sixth and thereafter
0%
B. 
The exemption from taxes granted under this article shall be upon the property and shall not terminate upon the sale or exchange of the property.
C. 
If an eligible property is granted tax exemption pursuant to this article, the improvement shall not, during the exemption period, be considered a factor in assessing other properties.
A. 
Any person desiring tax exemption pursuant to this article shall apply to the Secretary of the Borough within 30 days of the time a building permit is issued for construction of the improvement, or new constructions, as the case may be. The application must be in writing, and shall set forth the following information:
(1) 
The date the building permit was issued for said improvement.
(2) 
The location of the property to be improved.
(3) 
The nature of the property to be improved.
(4) 
The type of improvement.
(5) 
The summary of the plan of the improvement.
(6) 
The cost of the improvement.
(7) 
Whether the property has been condemned or cited by any governmental body for noncompliance with laws or ordinances.
(8) 
That the property has been inspected and examined by the Borough Engineer.
(9) 
Such additional information as the Borough may require.
B. 
The application for tax exemption shall be considered by the Borough Council. Within 65 days the Board shall approve or deny the application.
C. 
After its consideration, the Borough Council shall forward a copy of the exemption application to the Delaware County Board of Assessment Appeals. Within 60 days said Board of Assessment Appeals shall determine whether the exemption shall be granted and shall, upon completion of the improvements, or new construction, and notification from the Borough of Eddystone that the improvements comply with all of the applicable building codes, assess separately the improvement and calculate the amounts of the assessment eligible for tax exemption in accordance with the limits established by this article, and shall notify the taxpayer and the local taxing authorities of the reassessment and the amount of the assessment eligible for exemption. In the case of new construction, the Board of Assessment Appeals shall assess separately the improvement and the land upon which the new construction stands, and shall otherwise perform its duties as above provided for construction of the improvements. The exemption provided for hereunder shall commence in the tax year immediately following the year in which the building permit is issued.
D. 
The costs of improvements and new construction 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 request, and subsequent amendment(s) to this article, if any, shall not apply to requests initiated prior to their adoption.
E. 
Appeals from the reassessment and the amount eligible for the exemption may be taken by the tax authorities or the taxpayer as provided by law.
This article shall become effective upon adoption by the Ridley School District and the County of Delaware of resolutions exempting from real property taxation improvements to properties in accordance with the terms of this article.
No amendment to this article shall be effective unless consented to by resolution or ordinance of each taxing authority consenting to be bound by the terms of this article.