[Ord. 1176, 1/5/2011]
This document is a local economic revitalization tax assistance
ordinance and shall be known and cited as the "Borough of Quakertown
LERTA Ordinance."
[Ord. 1176, 1/5/2011]
As used in this Part
5, the following terms shall have the meanings indicated:
ASSESSED VALUATION
The value of a parcel of real property as established by
the Office of Property Assessment of the County of Bucks for the purpose
of the assessment and levy of real property upon which the building
is located.
BROWNFIELDS
Abandoned or underutilized industrial or commercial facilities
available for reuse. Expansion or redevelopment may be complicated
by real or perceived environmental contaminations.
CONSTRUCTION/IMPROVEMENT
New construction, repair, construction or reconstruction,
including alteration and additions, having the effect of rehabilitating
a deteriorated property so that it becomes habitable or attains higher
standards of safety, health, economic use or amenity or is brought
into compliance with laws, ordinances or regulations governing such
standards. Ordinary upkeep and maintenance shall not be deemed an
"improvement."
DETERIORATED AREA
Those specific geographic areas within the Borough of Quakertown,
marked on the attached map (Attachment A), which have been determined to be physically impaired on
the basis of one or more standards, including but not limited to the
following:
A.
The buildings, by reason of age, obsolescence, inadequate or
outmoded design or physical deterioration, have become economic or
social liabilities.
B.
The buildings are substandard, unsanitary, unhealthy or unsafe.
C.
The buildings are overcrowded, poorly spaced or so lacking in
light, space and air as to be unwholesome.
D.
The buildings are faultily arranged, cover the land to an excessive
extent, show a deleterious use of land or exhibit any combination
of the above which is detrimental to health, safety or welfare.
E.
A significant percentage of buildings are more than 40 years
of age.
F.
A substantial amount of unimproved, overgrown and unsightly
vacant land exists which has remained so for a period of five years
or more indicating a growing and total lack of utilization of land
for economically desirable purposes.
DETERIORATED PROPERTY
Any industrial, commercial or other business property owned
by a property owner and located in a deteriorated area, as herein
provided, or any such property which has been the subject of any order
by a government agency requiring the unit to be vacated, condemned
or demolished by reason of noncompliance with laws, ordinances and
regulations.
EXEMPTION
The nonliability for the payment of additional real property
taxes to the local taxing authorities resulting from increased assessed
valuation attributable to the actual cost of improvement(s), as defined
herein, made to deteriorated property within a deteriorated area for
the period of time as set forth herein.
GREYFIELD
Economically obsolete, outdated, failing, moribund and/or
underutilized real estate assets or land.
IMPROVEMENT(S)
Repair, construction or reconstruction, including alterations
and additions, having the effect or rehabilitating a deteriorated
property so that it becomes habitable or attains higher standards
of safety, health, economic use or amenity or is brought to compliance
with laws, ordinances or regulations governing such standards. Ordinary
upkeep and maintenance shall not be deemed an "improvement."
LOCAL TAXING AUTHORITY
The County of Bucks, the Quakertown Area School District
and the Borough of Quakertown.
MIXED-USE DEVELOPMENT (SINGLE BUILDING)
Mixed-use developments (single building) incorporate a mix
of uses in a single building. This type of development is intended
to allow for efficient use of land and public services in an urban
setting; encourage human interaction and sense of place; create safe,
attractive and convenient environments; and increase development alternatives.
OFFICE
The Office of Property Assessment of Bucks County, Pennsylvania,
or such successor entity responsible by law or by ordinance for determining
the validity of a valuation of real estate for the assessment and
levy of real estate taxes in Bucks County.
PROJECT
The improvement of a deteriorated property carried out during
a single continuous period of time according to a common plan.
PROPERTY OWNER
Any natural person, partnership, unincorporated association, limited liability company or corporation, nonprofit or otherwise. Whenever used in any provision of this Part
5, the word "property owner," as applied to partnerships, shall mean and include all members thereof, or as applied to corporations, shall mean and include all officials or officers thereof. The term "property owner" used in this Part
5 is synonymous with "taxpayer."
RECONSTRUCTION
The rebuilding or renovation of a building(s) previously
erected for the purpose of changing the economic use or amenity of
such structure or to obtain higher standards of safety or heath.
TAX DELINQUENCY
All property taxes, charges, fees, rents or claims due and
unpaid by the owner of the deteriorated property or with respect to
the deteriorated property as of the time of the application for an
exemption or at any time thereafter during the term of the exemption.
The term includes all penalties, additions, interest, attorneys'
fees and costs due on such delinquent taxes, charges, rents or claims.
TAX YEAR
The twelve-month period from January 1 to December 31 annually.
[Ord. 1176, 1/5/2011]
The areas designated by the local taxing authorities set forth
in Attachment A located within the Borough of Quakertown constitute
the deteriorated area.
[Ord. 1176, 1/5/2011]
The exemption from taxes authorized by this Part
5 shall be upon the property exempted and shall not terminate upon the sale, exchange or other alienation of such property, unless otherwise provided.
[Ord. 1176, 1/5/2011]
The proper officials of the Borough of Quakertown are hereby authorized to enter into an intergovernmental agreement pursuant to the Intergovernmental Cooperation Act, 53 P.A.C.S.A. § 2301 et seq., with the school district and the county to implement the exemption from real property taxation established under this Part
5. The intergovernmental cooperation agreement shall be subject to review and approval as to form by the Solicitors of each taxing body.
[Ord. 1176, 1/5/2011]
The exemption from real estate taxes provided for herein shall
be forfeited by the applicant and/or subsequent owner of the real
estate for the failure to pay any nonexempt real estate taxes by the
last day of the time period to pay such taxes in the penalty period.
Upon receipt of the notice of nonpayment of nonexempt real estate
taxes, the Quakertown Tax Collector shall discontinue the LERTA exemption
and shall notify the Bucks County Tax Assessment Office of such discontinuance,
which shall notify the Quakertown Area School District Tax Collector
and Bucks County Treasurer.