Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Township of Irvington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Tax liens — See Ch. 586.
[Adopted 4-22-2003 by Ord. No. MC 3219 (Ch. 182, Art. I, of the 1981 Revised Code)]
Applicants for tax exemption and abatement for new construction of commercial or industrial structures or multiple dwellings shall provide the municipal governing body with an application setting forth the following.
Projects shall file an application with the Township that shall include:
A. 
A general description of a project for which exemption and abatement is sought;
B. 
A legal description of all real estate necessary for the project;
C. 
Plans, drawings and other documents as may be required by the governing body to demonstrate the structure and design of the project;
D. 
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;
E. 
A statement of the reasons for seeking tax exemption and abatement on the project, and a description of the benefits to be realized by the applicant if a tax agreement is granted;
F. 
Estimates of the cost of completing such project;
G. 
A statement showing;
(1) 
The real property taxes currently being assessed at the project site;
(2) 
Estimated tax payments that would be made annually by the applicant on the project during the period of the agreement; and
(3) 
Estimated tax payments that would be made by the applicant on the project during the first full year following the termination of the tax agreement;
H. 
If the project is a commercial or industrial structure, a description of any lease agreements between the applicant and proposed users of the project, and a history and description of the users' businesses;
I. 
If the project is a multiple dwelling, a description of the number and types of dwelling units to be provided, a description of the common elements or general common elements, and a statement of the proposed initial rentals or sales prices of the dwelling units according to type and of any rental lease or resale restrictions to apply to the dwellings' units respecting low- or moderate-income housing; and
J. 
Such other pertinent information as the governing body may require.
Each project shall be specifically approved by ordinance.
Upon approval by ordinance of the project, a financial agreement shall be entered into. It shall include:
A. 
Findings by the municipality, as approved by the municipal governing body;
B. 
Appropriate tax exemption provisions;
C. 
An appropriate annual service charge schedule which shall be based upon the provisions of relevant statutory authorization; and
D. 
The municipality's determinations as to:
(1) 
The relative benefits of the project to the redevelopment of the redevelopment area when compared to the costs, if any, associated with the tax exemption; and
(2) 
An assessment of the importance of the tax exemption to be granted in obtaining the development of the project and in influencing the locational decisions of probable occupants of the project or units of the project.
[Adopted 9-9-2003 by Ord. No. MC 3236 (Ch. 182, Art. II, of the 1981 Revised Code)]
It is the purpose of this article to implement the provisions of P.L. 2003, c. 114,[1] which authorizes the governing body of a municipality to adopt an ordinance imposing a tax at a uniform percentage rate not to exceed 1% on charges of rent for every occupancy on or after July 1, 2003, but before July 1, 2004, and not to exceed 3% on charges of rent for every occupancy on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to Subsection (d) of Section 3 of P.L. 1966, c. 30, N.J.S.A. 54:32B-3 (sales tax).
[1]
Editor's Note: See N.J.S.A. 54:32D-1 et seq.
There is hereby established a hotel and motel room occupancy tax in the Township of Irvington which shall be fixed at a uniform percentage rate of 1% on charges of rent for every occupancy of a hotel or motel room in the Township of Irvington on or after July 1, 2003, but before July 1, 2004, and 3% on charges of rent for every occupancy of a hotel or motel room in the Township of Irvington on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to Subsection (d) of Section 3 of P.L. 1966, c. 30, N.J.S.A. 54:32B-3 (sales tax).
The hotel and motel room occupancy tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a hotel room.
In accordance with the requirements of P.L. 2003, c. 114, all taxes imposed by this article shall be paid by the purchaser.