[Adopted 7-12-2021 by Ord. No. 2021-14[1]]
[1]
Editor's Note: This ordinance also superseded former Art. II, Exemption for Improvements to Properties in Downtown Historic District, adopted 8-8-2011 by Ord. No. 2011-15, as amended.
The recitals set forth above are incorporated herein as if set forth in length.[1]
[1]
Editor's Note: Said recitals are included in the as-adopted version of Ord. No. 2021-14, on file in the Town offices.
All terms utilized in this article not specifically defined herein shall conform to the meanings set forth in the Exemption Law.[1] For ease of reference, the definitions set forth in the Exemption Law as of the date of the adoption of this article are attached hereto as Exhibit B. However, if the definitions set forth in the Exemption Law shall be subsequently amended, then the Exemption Law, and not Exhibit B, shall control.
[1]
Editor's Note: See N.J.S.A. 40A:21-1 et seq.
The Town hereby determines to utilize the authority granted under Article VIII, Section I, Paragraph 6 of the New Jersey Constitution to establish the eligibility of certain dwellings, commercial structures, and industrial structures for exemptions, as provided in this article and as permitted by the Exemption Law, throughout the Downtown Historic District.
The Town hereby determines to provide for the exemption from taxation of certain improvements and certain new construction occurring within the Downtown Historic District. To the extent that a property owner shall apply to the Town's Tax Assessor (the "Tax Assessor") within the time period prescribed by the New Jersey Department of Treasury in accordance with the Exemption Law, which currently requires submission within 30 calendar days following completion of the improvements or construction for which the exemption is sought, and shall provide documentation to the Tax Assessor, in a form and manner acceptable to the Tax Assessor and consistent with the Exemption Law, of compliance with this section, such property owner shall be entitled to the relevant exemption enumerated herein without any need for action by the Town Council.
A. 
Residential: improvements. The Town hereby determines to provide for the exemption from taxation of certain improvements made to dwellings, on the following terms and conditions:
(1) 
The term "dwelling," for purposes of this Subsection A, shall include condominium residential units but not cooperative type residential properties.
(2) 
The term "dwelling," for purposes of this Subsection A, shall not include "multiple dwellings," as defined by the Exemption Law.
(3) 
Only dwellings that are more than 20 years old shall be eligible for exemption.
(4) 
The term "improvements," for purposes of this subsection, shall mean 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 structure as a place for human habitation, and which does not change its permitted use.
(5) 
To the extent that a dwelling shall comply with the requirements set forth at Subsection A(1) through (5), above, in determining the value of real property for each dwelling unit, the Town shall regard the first $15,000 in the Tax Assessor's full and true value of improvements for each dwelling unit primarily and directly affected by the improvements as not increasing the value of the property for a period of five years, notwithstanding the value of the property to which the improvements are made is increased thereby. During the exemption period, the assessment on any property pursuant to this subsection shall not be less than the assessment thereon existing immediately prior to the improvements, except if there is damage to the dwelling through action of the elements sufficient to warrant a reduction.
B. 
Residential: new construction. The Town hereby determines to provide for an exemption of 30% of the Tax Assessor's full and true value for a period of five years following construction of new dwellings. The term "dwelling," for purposes of this Subsection B, shall include condominium residential units but not cooperative type residential units, and shall not include multiple dwellings. This exemption is to be granted notwithstanding the value of the property upon which the construction occurs is increased thereby.
C. 
Residential: improvements to multiple dwellings.
(1) 
The Town hereby determines to provide for an exemption of 100% of the Tax Assessor's full and true value for a period of five years following the construction of improvements to multiple dwellings. The term "multiple dwelling" shall have that meaning ascribed to it by the Exemption Law. The definition of "multiple dwelling" set forth in the Exemption Law as of the date of adoption of this article is set forth at Exhibit B, attached hereto.
(2) 
This exemption is to be granted notwithstanding the value of the property upon which the construction occurs is increased thereby. During the exemption period, the assessment on any property pursuant to this Subsection C shall not be less than the assessment thereon existing immediately prior to the improvements, except if there is damage to the multiple dwelling through action of the elements sufficient to warrant a reduction.
D. 
Commercial: improvements. The Town hereby determines to provide for the exemption from taxation of certain improvements made to commercial structures, on the following terms and conditions:
(1) 
For purposes of this article, the term "commercial structure" relates to office, retail and like uses, but does not include multiple dwellings.
(2) 
For purposes of this article, the term "commercial structure" shall include a structure which contains both residential units and some other commercial use (for example, retail), provided the structure is not part of a condominium or cooperative regime and further provided the structure does not qualify as a multiple dwelling under the Exemption Law.
(3) 
To the extent that improvements to a commercial structure shall comply with the requirements set forth at Subsection D(1) and (2), above, the Town hereby determines to provide for an exemption of 100% of the Tax Assessor's full and true value for a period of five years following the construction of the improvements. This exemption is to be granted notwithstanding that the value of the property upon which the construction of the improvement occurs is increased thereby.
E. 
Industrial: improvements. The Town hereby determines to provide for the exemption from taxation of certain improvements made to industrial structures, on the following terms and conditions:
(1) 
Improvements must be made to both the interior and exterior of a structure in order to qualify for exemption under this section.
(2) 
Only improvements with a cost of less than $1,000,000 shall be eligible for exemption under this section.
(3) 
No less than 25% of the improvement cost shall be attributable to the exterior improvements.
(4) 
To the extent that improvements to an industrial structure shall comply with the requirements set forth at Subsection E(1) through (3), above, the Town hereby determines to provide for an exemption of 100% of the Tax Assessor's full and true value for a period of five years following the construction of the improvements. This exemption is to be granted notwithstanding that the value of the property upon which the construction of the improvement occurs is increased thereby.
(5) 
To the extent that improvements to a commercial structure do not comply with one or more of Subsection E(1) through (3), above, a property owner is not eligible for exemption under this section but may apply to the Town for consideration of the proposed exemption in accordance with § 279-12 hereof.
A. 
Exemptions for which application is required. The Town hereby determines that any property owner seeking exemption from taxation with respect to industrial improvements which do not meet the requirements of § 279-11E(1) through (3), respectively, shall make application to the Town Council in accordance with this section, within 30 calendar days following completion of the improvements or construction for which the exemption is sought. However, nothing in this article shall prohibit a property owner who has made more than $1,000,000 in industrial improvements which otherwise comply with the applicable requirements of § 279-11 from foregoing exemption of the improvements in excess of $1,000,000 and seeking instead an as of right exemption from the Tax Assessor to the limits permitted by § 279-11 above.
B. 
Contents of application. Applicants for an exemption under this section shall provide the Town Council and the Tax Assessor with the following information:
(1) 
A general description of the project for which exemption is sought, and an estimated schedule of completion for the project;
(2) 
A legal description of all real estate necessary for the project;
(3) 
Plans, drawings and other documents as may be required by the Town Council to demonstrate the structure and design of the project;
(4) 
A description of the number, classes and type of employees to be employed at the project site within two years of completion of the project;
(5) 
A statement of the reasons for seeking an exemption on the project, and a description of the benefits to be realized by the Town and the property owner if an exemption is granted;
(6) 
Estimates of the cost of completing the project;
(7) 
A statement showing i) the real property taxes currently being assessed at the project site; ii) estimated tax payments that would be made annually by the property owner with respect to the project during the period of the exemption; and iii) estimated tax payments that would be made by the property owner with respect to the project during the first full year following the termination of the exemption;
(8) 
A description of any lease agreements between the property owners and proposed users of the project, and a history and description of the users' businesses;
(9) 
A certification by the property owner listing i) all properties within the Town owned by the property owner or in which the property owner has an interest and ii) all agreements with the Town to which the property owner is a party; and
(10) 
Such other pertinent information as the Town may require.
C. 
Review and recommendation by Tax Assessor. Within 30 days of receipt of the information set forth at Subsection B, above, the Tax Assessor shall review the information provided and shall provide written recommendations to the Town Council with respect to same.
D. 
Action by Town Council. Within 60 days of receipt of the Tax Assessor's recommendations, the Town Council shall consider the application for exemption, and shall by resolution either disapprove the exemption or approve an exemption of 100% of the value of the improvements for a five-year period following the completion of construction.
The Town hereby determines that an additional improvement or construction completed on a property already granted a previous exemption pursuant to this article during the period in which the previous exemption is in effect shall be eligible to qualify for an additional exemption under the standards identified in this article. The additional improvement or construction shall be considered as separate for purposes of calculating the exemption, except 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 value of the property for which any additional exemption is to be subtracted.
No exemption shall be granted pursuant to this article with respect to any property for which real estate taxes or other municipal charges are delinquent or remain unpaid, or for which penalties and interest for nonpayment of taxes are due.
In the event the Town implements a revaluation or reassessment during the exemption period for any property, any exemptions granted hereunder 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 Town 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.
Upon final passage and publication as provided by law, this article shall take effect on October 1, 2021, and shall authorize the Town to grant exemptions up to a five-year period. This article shall lapse, unless readopted, on September 30, 2026, and no exemptions shall be granted after September 30, 2026, without such readoption.
Any and all previous ordinances adopted by the Town relating to the Exemption Law are hereby superseded by this article.