[Adopted 10-9-2012]
The Town of Griswold ('Town") recognizes that it exists in a global marketplace and therefore elects to use authority granted it by the State of Connecticut to expand and diversify its commercial tax base by retaining existing businesses that want to expand and by attracting new business and investment into the community. Toward that end, the Town has developed this Business Incentive Policy Ordinance ("article") as an economic development tool to promote high quality economic development projects that contribute jobs or tax base increase or both.
This article is adopted under authority of C.G.S. §§ 12-65b and 12-65h, which each authorize the Town, following a vote by its legislative body to do so, to enter into agreements ("agreement") with applicants eligible under the terms of said statutes and of this article to provide specified forms and amounts of tax relief for prescribed periods of time.
The following types of projects are eligible for consideration under this article:
A. 
Under C.G.S. § 12-65b:
(1) 
Office use.
(2) 
Retail use.
(3) 
Manufacturing use.
(4) 
Warehouse, storage or distribution use.
(5) 
Information or technology.
B. 
Under C.G.S. § 12-65h:
(1) 
Manufacturing facility, as defined in C.G.S. § 12-81(72).
A. 
The applicant must be a private, for-profit business that is authorized to do business in the state of Connecticut.
B. 
The applicant must not be in violation of any law or agreement with the Town, state or federal government.
C. 
No real estate or personal property tax or other tax, fee or municipal charge due the Town or any of its departments, officials, commissions, boards, or agencies shall be unpaid at the time an application is submitted, while it is being processed, or at any time during the term of an agreement hereunder.
D. 
If the applicant is a tenant operating under a lease, the term of the lease must be for no less than the tax abatement period set forth in the agreement. The agreement and the tax incentives provided by it must be clearly recited in said written lease and be for a period no less than the applicable term of the tax abatement. A copy of said written lease shall be submitted as part of the application.
E. 
If an applicant is relocating a business to Griswold, the application shall include a five-year history of tax assessments and payments to the municipality(ies) and/or other political subdivision(s) in which the business has been operating.
F. 
The proposed project must be a permitted use at the proposed location under the Griswold or Borough Zoning Regulations and must receive all necessary approvals, licenses and permits from the Griswold Planning and Zoning Commission and other Town, State of Connecticut and federal agencies, boards, commissions, and officials having jurisdiction with respect to the project.
G. 
The applicant and its parent and subsidiary(ies) must be in environmental compliance with the Connecticut Department of Energy and Environmental Protection.
H. 
The project must have a clear economic benefit to Griswold. The application shall include a description of benefits to be realized by Griswold if the application is granted.
I. 
A complete application on a form approved by the Board of Selectman ("BOS"), with all required information, must be submitted.
A. 
The decision to grant or reject any application under this article shall be within the sole and exclusive discretion of the Town Meeting. The Town Meeting is under no obligation to approve any application, nor is the BOS under any obligation to forward any particular application to the Town Meeting. But no application may be granted which does not comply with this article and C.G.S. § 12-65b or 12-65h.
B. 
The Town's Assessor shall, in the Assessor's sole discretion, determine the assessment of the real property or air space and/or the personal property and any and all improvements constructed or to be constructed on or in the real property which is the subject of the agreement.
C. 
The fixed assessment period shall commence the first fiscal year for which a tax list is prepared on the October 1 immediately following the issuance of a certificate of occupancy by the appropriate building official for construction of the buildings or manufacturing facilities or other structures and all improvements in or on the real property or air space which is the subject of the agreement.
D. 
Notwithstanding anything in this article to the contrary, and provided in all other respects the applicant qualifies under the provisions of C.G.S. § 12-65b or 12-65h and this article, the Town may, in its sole discretion, offer to enter into an agreement with such applicant for abatement of taxes of a lesser percentage and/or of fewer years than authorized by the statute(s).
E. 
On a case-by-case basis, the Town Meeting, in its exclusive discretion and to further the purposes of this article, may grant an applicant, in addition to the incentives provided by C.G.S. §§ 12-65b and 12-65h, a full or partial waiver of:
(1) 
Fees under the Building Code; and/or
(2) 
Filing fees with land use agencies.
F. 
This article is not retroactive.
G. 
Construction shall commence within six months and shall be completed within two years of execution of the agreement. Failure to comply with this schedule shall result in termination of the agreement by the BOS; provided, however, that the BOS may grant a reasonable extension(s) of the time periods, but only upon favorable recommendation by the Economic Development Commission ("EDC") and the showing of good cause beyond the applicant's control.
H. 
If the applicant, during the period of his participation in this program and during the term of an agreement: a) relocates its business from Griswold; b) becomes delinquent in taxes or fees; c) declares bankruptcy; d) substantially reduces its operations on the subject property during the term of the agreement, with substantially reduced "operations" meaning for purposes of this article, among other things, a reduction of square feet occupied within the facility by 20% or more, a reduction in workforce by 20% or more, a failure to construct agreed-upon additional phases of construction, and/or sale or lease of some or all of the property; and/or e) in any other way fails to comply with the agreement, this article and/or C.G.S. §§ 12-65b and 12-65h, then the BOS shall terminate the agreement and any tax incentive or other benefit enjoyed by the applicant under this program and the agreement shall be immediately forfeited and the applicant shall be required to pay back all taxes it would have been assessed had the application not been granted and the agreement not entered into. Each agreement shall contain a provision to this effect.
I. 
No agreement entered into pursuant to this policy shall be subject to assignment, transfer or sale without written approval of the BOS.
J. 
No agreement shall be executed by the BOS until it is approved by the Town Attorney as to form and legality.
K. 
Any agreement hereunder shall be recorded in the land records of the Town of Griswold.
A. 
The Board of Selectman may exercise the authority granted by C.G.S. § 12-81t to abate up to 100% of the property taxes due for any tax year with respect to information technology personal property.
B. 
For the purposes of this incentive policy:
INFORMATION TECHNOLOGY BUSINESSES
Those industries that supply, manufacture, utilize, and distribute software, telecommunications infrastructure and networking hardware, and Internet-only related commerce.
Information Technology Incentive Schedule Approved by the Town of Griswold
Project Value
(Measured by Value of Personal Property)
Maximum Period of Assessment Fixing Agreement
Any Amount
5 Years After Improvement
Year 1
90% abatement of property taxes due
Year 2
80% abatement of property taxes due
Year 3
70% abatement of property taxes due
Year 4
60% abatement of property taxes due
Year 5
50% abatement of property taxes due
Final valuation is determined by the Town of Griswold's Tax Assessor.