[HISTORY: Adopted by the Mayor and Council of the Borough of High Bridge as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-9-2006 as Ch. 158, Art. I, of the 2006 Code of the Borough of High Bridge]
The definitions contained in N.J.S.A. 40A:21-3 are incorporated herein by reference as if set forth at length. As used in this chapter, words shall have the meanings as so defined unless a different meaning is expressed.
The Borough hereby authorizes the utilization of tax exemption and abatement in accordance with Article VIII, Section I, Paragraph 6, of the New Jersey Constitution and establishes the eligibility of residential and multiple dwellings, commercial and industrial structures for five-year tax exemptions and abatements as authorized by N.J.S.A. 40A:21-1 et seq., throughout the entire municipality, but only to the extent set forth herein.
Improvements to dwellings more than 20 years old are eligible for tax exemption. The first $25,000 in the Assessor's full and true value of improvements for each such dwelling unit shall be regarded as not increasing 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, 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 dwellings through action of the elements sufficient to warrant a reduction.
Improvements to multiple dwellings are eligible for tax exemption. The Assessor's full and true value of the improvements shall be regarded as not increasing 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, the assessment on the property shall not be less than the assessment existing thereon immediately prior to the improvement, unless there is damage to the multiple dwelling through action of the elements sufficient to warrant a reduction. As used in this section, "improvements" shall not be construed to include an increase in the number of dwelling units.
Improvements to commercial and industrial structures are eligible for tax exemption for a period of five years. Fifty percent of the Assessor's full and true value of the improvements shall be regarded as not increasing the value of the property, notwithstanding that the value of the property to which the improvement is made is increased thereby. During the exemption period, the assessment on the property shall not be less than the assessment existing thereon immediately prior to the improvements, unless there is damage to the structure through action of the elements sufficient to warrant a reduction.
[Amended 2-11-2016 by Ord. No. 2016-05]
Construction of new commercial and industrial structures and multiple dwellings shall be eligible for tax exemption and abatement. Any such exemption and abatement shall be subject to the owner and Borough entering into a tax agreement as provided by N.J.S.A. 40A:21-10.
A. 
The applicant shall furnish to the municipality all information required by the Tax Assessor and N.J.S.A. 40A:21-9.
B. 
The tax agreement shall provide for the applicant to pay to the Borough in lieu of full property tax payments an amount annually to be computed by the tax phase-in basis as set forth in N.J.S.A. 40A:21-10, commencing in the next full tax year following approval of the abatement.
An additional improvement or construction, completed on a property granted a previous exemption or abatement during the period in which such previous exemption or abatement is in effect, shall be qualified for an exemption and/or abatement, just as if such property had not received a previous exemption or abatement. In such case, the additional improvement or construction shall be considered as separate for the purposes of calculating exemptions and abatements, except that the assessed value of any previous improvement or construction shall be added to the assessed valuation as it was prior to that improvement or construction for the purpose of determining the assessed valuation of the property from which any additional abatement is to be subtracted. No more than the first $25,000 in the Assessor's cumulative full and true value of the initial and additional improvements for each dwelling unit more than 20 years old shall be regarded as not increasing the value of the property, notwithstanding that the value of the property to which the improvements are made is increased thereby.
Every application for exemption or abatement and every exemption and abatement granted shall be subject to all the provisions of N.J.S.A. 40A:21-1 et seq., and all rules and regulations issued thereunder.
No exemption shall be granted pursuant to this chapter except upon written application therefor filed with and approved by the Tax Assessor on a form and in the manner as established in P.L. 1991, c. 441.[1]
[1]
Editor's Note: See N.J.S.A. 40A:21-1 et seq.
[Adopted 3-31-2022 by Ord. No. 2022-008]
It is the purpose of this article to implement the provisions of P.L. 2021, c. 16, which authorizes the governing body of a municipality to adopt an ordinance imposing a tax at a uniform percentage rate not to exceed 2% of the receipts from each sale by a cannabis cultivator; 2% of the receipts from each sale by a cannabis manufacturer; 1% of the receipts from each sale by a cannabis wholesaler; and 2% of the receipts from each sale by a cannabis retailer, which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the cannabis establishment.
Unless otherwise defined herein, as used herein, the Borough of High Bridge adopts by reference the terms and definitions established in Chapter 24 of this Code and in Section 40 of N.J.S.A. 24:6I-33.
There is hereby established a local cannabis transfer tax which shall be fixed at a uniform percentage rate of 2% of the receipts from each sale by a cannabis retailer.
Any transaction for which the transfer tax or user tax is imposed, or could be imposed, pursuant to this article, other than those which generate receipts from the retail sales by cannabis retailers, shall be exempt from the tax imposed under the "Sales and Use Tax Act," P.L. 1966, c. 30, (N.J.S.A. 54:32B-1 et seq.).
The cannabis transfer tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon property or cannabis establishment.
A. 
The transfer tax or user tax imposed by this article shall be collected or paid and remitted to the Borough of High Bridge by the cannabis establishment from the cannabis establishment purchasing or receiving the cannabis or cannabis item. The transfer tax or user tax shall be stated, charged, and shown separately on any sales slip, invoice, receipt, or other statement or memorandum of the price paid or payable, or equivalent value of the transfer, for the cannabis or cannabis item.
B. 
Every cannabis establishment required to collect a transfer tax or user tax imposed by ordinance pursuant to this section shall be personally liable for the transfer tax or user tax imposed, collected, or required to be collected under this section. Any cannabis establishment shall have the same right with respect to collecting the transfer tax or user tax from another cannabis establishment as if the transfer tax or user tax was a part of the purchase price of the cannabis or cannabis item, or equivalent value of the transfer of the cannabis or cannabis item, and payable at the same time; provided, however, that the Borough shall be joined as a party in any action or proceeding brought to collect the transfer tax or user tax.
C. 
No cannabis establishment required to collect a transfer tax or user tax imposed by this section shall advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the transfer tax or user tax will not be separately charged and stated to another cannabis establishment, or that the transfer tax or user tax will be refunded to the cannabis establishment.
D. 
All revenues collected from a transfer tax or user tax imposed by ordinance pursuant to this section shall be remitted to the Borough of High Bridge Chief Financial Officer on a quarterly basis payable for the prior three months' activities and due at the same time as quarterly dates for the collection of property taxes. The revenues due on February 1 of each year shall include all transfer taxes or user taxes collected for the prior year months of October, November, and December. The revenues due on May 1 of each year shall include all transfer taxes and user taxes collected for the immediate prior months of January, February, and March. The revenues due on August 1 of each year shall include all transfer taxes and user taxes collected for the immediate prior months of April, May, and June. The revenues due on November 1 of each year shall include all transfer taxes and user taxes collected for the immediate prior months of July, August, and September.
A. 
The Chief Financial Officer shall collect and administer any transfer tax or user tax imposed pursuant to this article.
B. 
The Borough of High Bridge shall enforce the payment of delinquent taxes or transfer fees imposed pursuant to this article in the same manner as provided for municipal real property taxes.
C. 
In the event that the transfer tax or user tax imposed by this article is not paid as and when due by a cannabis establishment, the unpaid balance, and any interest accruing thereon, shall be a lien on the parcel of real property comprising the cannabis establishment's premises in the same manner as all other unpaid municipal taxes, fees, or other charges. The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee, or other person, except the lien of municipal taxes, and shall be on a parity with and deemed equal to the municipal lien on the parcel for unpaid property taxes due and owing in the same year.
D. 
The Borough of High Bridge shall file in the office of its Tax Collector a statement showing the amount and due date of the unpaid balance and identifying the lot and block number of the parcel of real property that comprises the delinquent cannabis establishment's premises. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced.