[Adopted 11-2-2009 by Ord. No. 25-2009]
All previous ordinances adopted by the Township of Greenwich
and relating to the Act are superseded by this article.
The Township Council hereby determines to utilize the authority
granted under Article VIII, Section I, Paragraph 6, of the New Jersey
Constitution to establish the eligibility of dwellings for exemptions
and abatements as provided in this article and as permitted by the
Act in the areas designated as in need of rehabilitation.
[Amended 8-18-2014 by Ord. No. 12-2014; 12-16-2019 by Ord. No. 15-2019]
This article authorizes the Township of Greenwich to commence
and take effect in the 2009 tax year and thereafter. This article
shall lapse, unless readopted, in the 2019 tax year and no exemptions
shall be granted after December 31, 2023 tax year without such adoption.
[Amended 8-18-2014 by Ord. No. 12-2014]
For purposes of this article, all terms utilized in this article
shall conform to the definitions identified in N.J.S.A. 40A:21 et
seq. The terms "dwelling" and "dwellings," as used in this article,
shall include condominium residential and cooperative residential
units.
The Township Council
of the Township of Greenwich hereby determines to provide for the
exemption and abatement from taxation the following:
A. The first $25,000 of market value of improvements made to residential dwellings more than 20 years old, subject to adjustment by the applicable Chapter 123 ratio, shall not increase the value of such property for a five-year period. During the exemption period, the assessment imposed on qualifying dwellings shall not be less than the assessment thereon existing immediately prior to the improvements, except for the abatement granted under Subsection
B below, or for damage occurring to the dwelling as a result of action of the elements sufficient to warrant a reduction.
B. An additional abatement is granted to dwellings subject to the exemption provided by Subsection
A above for a five-year period. The abatement shall be 30% of the amount of the exemption granted under Subsection
A above.
C. An additional exemption is granted of 30% of the market value, subject
to adjustment by the applicable Chapter 123 ratio, for new dwellings
and conversion of other buildings and structures, including unutilized
public buildings, to dwelling use.
D. An additional abatement is granted in the assessed valuation of construction
of new dwellings and conversion of other buildings and structures
to dwelling use. Such an abatement shall equal 30% of the total cost
of the construction or conversion alteration for a qualifying dwelling,
subject to adjustment by the applicable chapter 123 ratio, and shall
be granted for five years. The total amount of the abatement and exemption
granted to a single dwelling shall not exceed the total cost of the
construction or conversion alteration.
[Amended 8-18-2014 by Ord. No. 12-2014]
In the event property subject to an exemption provided under §
625-5 of this article has been transferred to a new owner, the exemption already granted for the property shall continue for the remaining period of the exemption without further application by the new owner.
The Township Council hereby determines to grant exemptions for
the new construction of commercial and industrial structures, or the
enlargement of the volume of an existing commercial or industrial
structure by more than 30%, pursuant to the procedures set forth in
the law and in this article, for a five-year period. Such exemption
shall not mean the conversion of an existing building or structure
to another use.
The exemptions/abatements identified in §
625-5 and §
625-7 of this article require the following application procedure:
A. An application must be submitted to and filed with the Municipal
Clerk no later than 30 days, including Saturdays and Sundays, following
completion of the improvement, alteration or construction. An application
may be filed with the Municipal Clerk any time prior to such deadline.
"Completion" means that the subject improvement is substantially ready
for the intended use for which it is constructed. Such completion
may be evidenced by the issuance of a certificate of occupancy or
like document by the Township's building inspectors.
B. The application shall be on a form prescribed by the Director of
the Division of Taxation and shall be available to applicants at the
Township's municipal building.
C. Every application for exemption timely filed with the Municipal Clerk
shall be approved and allowed by the Mayor and Council if the application
is consistent with the statute and this article and the subject property
qualifies for the exemption as provided herein.
D. The granting of the exemption shall be recorded and made a permanent
part of the official tax records of the Township and the County Tax
Assessor.
No exemption shall be granted pursuant to this article for any
property for which property taxes and/or municipal utilities are delinquent
or remain unpaid or for which penalties for nonpayment of taxes are
due.
In the event property subject to a tax agreement has been transferred
to a new owner and it is determined that the new owner will continue
to use the property pursuant to the qualifying conditions, the exemption
shall continue and the agreement shall remain in effect. As a condition
for such continuation of the exemption, the new owner must apply for
the assignment of the agreement by letter submitted to the Municipal
Clerk of the City within 30 days of ownership transfer. Such assignment
must be approved by resolution of the governing body.
In the event the Township implements a revaluation or reassessment
during the exemption period for any property, the exemption shall
continue to apply but at a valuation level consistent with the revaluation
or reassessment.
The granting of an exemption for a particular property shall
not prejudice the right of the Township to appropriately examine and
revise the assessment during the five-year exemption period in the
event the base assessment is found to be improperly valued and assessed.
This article shall take effect for tax year 2014 upon final
passage, approval and publication as provided by law.