[Adopted 11-5-2012 by Ord. No. 2012-10]
The following words and phrases when used in this article shall
have the following meaning:
Any industrial, commercial or other business property located in an eligible deteriorating area as defined hereinafter in § 185-59, or any such property which has been the subject of an order of a governmental agency requiring the property to be vacated, condemned, or demolished by reason of noncompliance with laws, ordinances, or regulations. In the event that a property is used for both residential and industrial, commercial or business purposes, also known as a mixed use, deteriorated property shall consist only of that portion of the property (based on percentage of square footage) which is used for industrial, commercial or other business purposes, as determined by the Borough in its sole discretion. In no event shall any portion of property (based on percentage of square footage) used for residential purposes be considered and/or defined as deteriorated property.
Repair, new construction or reconstruction, building alterations
or additions, having the effect of rehabilitating 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 or maintenance shall not be deemed an improvement.
The Borough Council determines that the areas shown on the map
attached hereto as Exhibit "A"[1] and incorporated by reference shall be the deteriorated
area(s) within the Borough which contain deteriorated properties which
are eligible for tax exemption under this article.
[1]
Editor's Note: Said exhibit is on file in the Borough offices.
A.
The amount to be exempted from real estate taxes shall be limited
to that portion of the additional assessment attributable to the actual
cost of new construction or improvements to deteriorated property
in accordance with the exemption schedule established by this article.
B.
The exemption from real estate taxes shall be limited to the new
construction or improvement for which an exemption has been requested
in the manner set forth in the Act and restated in this article and
for which a separate assessment has been made by the Board of Assessment
Appeals.
C.
In any case, after the effective date of this article, where deteriorated
property is damaged, destroyed, demolished by any cause or for any
reason and the assessed valuation of the property is affected, has
been reduced as the result of said damage, destruction, or demolition,
the exemption from real property taxation authorized by this article
shall be limited to that portion of the new assessment attributable
to the actual cost of the new construction or improvements that is
in excess of the original assessment that existed prior to damage,
destruction or demolition of the property. The foregoing provision
shall not be deemed to apply to the property(ies) the title to which
is (are) acquired subsequent to the effective date of this article
from Franklin County under the provisions of the Real Estate Tax Sale
Law, 72 P.S. § 5860.101 et seq.
A.
The schedule of Borough real estate taxes to be exempted shall be
in accordance with the following portion (percent) of improvements
to be exempted each year.
|
Length
(Year)
|
Portion
(Percent)
| |
|---|---|---|
|
First
|
100%
| |
|
Second
|
80%
| |
|
Third
|
60%
| |
|
Fourth
|
40%
| |
|
Fifth
|
20%
|
B.
If an eligible property is granted a tax exemption pursuant to this
article, the actual cost of the new construction or improvement shall
not, during the exemption period, be considered as a factor in assessing
other properties.
C.
The exemption from taxes granted under this article shall be upon
the property and shall not terminate upon the sale or exchange of
the property.
A.
Any person desiring tax exemption under this article shall notify the Manager and Tax Collector of the Borough of Greencastle, the Business Manager of the Greencastle-Antrim Area School District and the County of Franklin, within the deteriorated area identified in § 185-59 above (each a "local taxing authority"), in writing on a form provided to the applicant at the time a building permit, or, if no building permit, other notification, for new construction or any improvements, has been secured by the applicant. A copy of each exemption request shall be forwarded to the Franklin County Assessment Office. The Franklin County Assessor shall, upon notice by the applicant and after completion of the new construction or improvement, assess separately the new construction or improvement and calculate the amount of the assessment eligible for tax exemption in accordance with the limits established by each local taxing authority and shall notify the taxpayer and each local taxing authority of the reassessment and the amount of the assessment eligible for the exemption. Appeals from the reassessment and the amount eligible for the exemption may be taken by the taxpayer or any local taxing authority as provided by the Act.
B.
The cost of the new construction or improvements 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 amendment to this article, if any, shall not apply
to requests initiated prior to their adoption.
C.
Appeals from the reassessment and the amount eligible for the exemption
may be taken by the Borough or the taxpayer as provided by law.
An application for exemption may be made at any time within
years from the effective date of this article. All qualified applications
under this article are eligible for the entire five-year exemption
schedule.
The exemption from real estate taxes provided for herein shall
be forfeited by the taxpayer and/or any subsequent owner of the property
for the failure to pay any nonexempt real estate taxes to any local
taxing authority by the last day of the time period to pay such taxes
in the penalty period, unless the taxpayer has lawfully filed an appeal
thereof. Upon receipt of the notice of nonpayment of nonexempt real
estate taxes, the Borough Tax Collector shall discontinue the LERTA
exemption as provided for under this article.
