[Adopted 5-14-1992 by Ord. No. 11-92]
A. 
For the purposes of this article, all words used in the present tense include the future tense, all words in the plural number include the singular number, and all words in singular number include the plural number, unless the natural construction of the sentence clearly indicates otherwise. The word "shall" is mandatory and not directory.
B. 
As used herein, the following terms shall have the following meanings:
ASSESSMENT AGENCY
The Berks County Board of Assessment Appeals.
BOROUGH
The Borough of Boyertown.
DETERIORATED PROPERTY
Any industrial, commercial or other business property owned by an individual, association or corporation and located in the Walnut Square Abatement Area.
IMPROVEMENT
Repair, construction or reconstruction commencing after the effective date of this article, including alterations and additions having the effect of rehabilitating a structure so that it becomes habitable or attains higher standards of housing safety, health or amenity or is brought into compliance with laws, ordinances or regulations governing housing standards. Ordinary upkeep and maintenance shall not be deemed an "improvement."
WALNUT SQUARE ABATEMENT AREA
That certain deteriorated area (as defined in the Local Economic Revitalization Tax Assistance Act, enacted as of December 1, 1977[1]) bounded and delineated as shown on the drawing attached as Exhibit A hereto.[2]
[1]
Editor's Note: See 72 P.S. § 4722 et seq.
The Borough hereby finds and determines that the Walnut Square Abatement Area constitutes a "blighted area" within the meaning of the State Housing and Redevelopment Assistance Law and the Urban Redevelopment Law[1] in that such area embodies buildings of defective design and arrangement, economically undesirable land uses and obsolete buildings.
[1]
Editor's Note: See 35 P.S. § 1661 et seq. and 35 P.S. § 1701 et seq.
There is hereby exempted from real estate taxation, in the amounts and in accordance with the provisions and limitations hereinafter provided, that portion of the assessment attributable to new construction in the Walnut Square Abatement Area and to the improvements made to deteriorated property.
In all cases, the exemption from real estate taxes shall be limited to that portion of the additional assessment attributable to the actual cost of the improvement to deteriorated property for which a separate assessment has been made by the assessment agency and for which an exemption has been separately requested and for the assessed valuation of new construction within the designated Walnut Square Abatement Area.
No property shall be entitled to a tax exemption as herein provided unless the necessary and proper permits prior to new construction or improving the deteriorated property have been applied for and obtained in accordance with the requirements of Section 6 of the Local Economic Revitalization Tax Assistance Act.[1]
[1]
Editor's Note: See 72 P.S. § 4727.
No tax exemption shall be granted if the new construction or improvements to deteriorated property as completed do not comply with all ordinances, rules, regulations, statutes and other applicable laws.
A. 
One hundred percent of the assessment of a property attributable to new construction or improvements to deteriorated property, as determined by the assessment agency, shall be exempted from taxation in each year for 10 years; provided, however, that any such exemption shall discontinue immediately when the total amount of taxes abated by all taxing bodies (including but not limited to the Borough), together with the amount of any and all grants actually received from any governmental entity related to the costs of new construction or improvements to deteriorated property within the Walnut Square Abatement Area, equals the total cost of the following items of improvements to deteriorated property:
(1) 
Environmental remediation (including asbestos abatement);
(2) 
Deteriorated building demolition; and
(3) 
Imputed interest expense at the rate of 8% per annum on the costs identified in Subsection A(1) and (2) above.
[Amended 6-2-1997 by Ord. No. 3-97]
B. 
Such costs shall be certified to the Borough from time to time by any owner of property in the Walnut Square Abatement Area who is seeking an exemption from taxation.
Requests for tax exemption as herein provided shall be made, in writing, on form provided by the Borough at the time a building permit is secured, but in no event shall a request for tax exemption be accepted any later than six months after the assessment agency has issued its assessment on the new construction or improvement.
The assessment agency shall, after the new construction or improvement to deteriorated property is completed, assess the new construction or assess the improvement separately and calculate the amount of the assessment eligible for tax exemption in accordance with the limits established by the Borough and notify the taxpayer and the Borough of the reassessment and the amount of the assessment eligible for exemption. All abatements shall begin following notification to the Borough from the assessment agency of an increase in the assessment attributable to the new construction or the improvement. Appeals from the reassessment in the amounts determined to be eligible for the exemption may be taken by the taxpayer or the Borough as provided by law.
The assessment attributable to the cost of new construction or improvements to deteriorated property 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 amendments to this article, if any, shall not apply to requests initiated prior to their adoption.
In the event that the taxpayer shall receive, by whatever means, a reduced assessment with regard to part or all of his, her or its property which is currently the subject of the tax exemption provided in this article unless such reduction is attributable specifically to the portion of the assessed value which is subject to a tax exemption or to the portion of the assessed value which is not subject to a tax exemption, such reduced assessment shall be applied proportionately to the portion of the assessed value which is subject to a tax exemption and the portion of the assessed value which is not subject to a tax exemption and shall result in a reduction of tax exemption which was initially granted for purposes of the number of exemption years still remaining on the exemption schedule.
The Borough Manager shall have the authority for administering and monitoring the tax exemption program covered by this article and shall have the authority to deny any and all tax exemption requests when they do not meet or comply with the terms of this article.