[Adopted 9-27-2016 by Ord. No. 2016-08]
A.
Millersville Borough is a local taxing authority, authorized by the
Local Economic Revitalization Tax Assistance Act, the Act of December
1, 1977, P.L .237, No. 76, 72 P.S. § 4722 et seq., to provide
tax exemption for new construction in deteriorated areas of economically
depressed communities and for improvements to certain deteriorated
industrial, commercial and other business properties to enable use
of those properties for commercial, industrial and other business
purposes. The statute provides that such designation is appropriate
where there exists defective design or arrangement of buildings, streets
or lot layouts. Certain areas of the Borough contain older buildings
which may not be acceptable for current uses. Lots which have remained
vacant even though zoned for development are also appropriate for
such designation.
B.
While the Borough is not in financial distress, the Borough Council
desires to encourage improvements, new construction, and redevelopment
in certain areas of the Borough defined in this article through the
use of tax abatements authorized by law.
C.
The Council of the Borough of Millersville held a public hearing
on May 24, 2022, for the purpose of determining the boundaries of
deteriorated areas within the Borough. Borough Council seeks through
this article to establish regulations, standards, and qualifications
for tax abatements for the properties determined after such hearing.
[Amended 6-17-2022 by Ord. No. 2022-03]
The following words and phrases when used in this article shall
have the following meaning:
The assessment placed on real property by the Lancaster County
Assessor upon which all real estate taxes shall be calculated.
The Borough of Millersville, Lancaster County, Pennsylvania.
Any use within the definition of "commercial use" in Chapter 380, Zoning. A structure containing only dwelling units is not a commercial use.
The governing body formed and assembled as the Council of
the Borough of Millersville, Lancaster County, Pennsylvania.
An area meeting the requirements of the Local Economic Revitalization
Tax Assistance Act, 72 P.S. § 4722 et seq.
Any industrial, commercial or other business property owned
by an individual, association, or corporation, and located in a deteriorating
area, as hereinafter provided, or any such property which has been
the subject of an order by a government agency requiring the unit
to be vacated, condemned or demolished by reason of noncompliance
with laws, ordinance or regulations.
Repair, construction or reconstruction including alterations
and additions having the effect of rehabilitating a deteriorated property
so that it becomes usable for commercial, industrial or other business
purposes or attains higher standards of safety, health, economic use
or amenity for commercial, industrial or other business purposes,
or is brought into compliance with laws, ordinances, or regulations
governing such standards for properties used for commercial, industrial
or other business purposes. Ordinary upkeep and maintenance shall
not be deemed an improvement. Repair, construction or reconstruction
of a property for residential use shall not be considered an improvement
under this article.
Uses included under the subheading "c. Industrial uses" in the Table of Permitted Uses - Primarily Nonresidential Districts in Chapter 380, Zoning.
The Local Economic Revitalization Tax Assistance Act, the
Act of December 1, 1977, P.L. 237, No. 76, 72 P.S. § 4722
et seq.
The Borough, the School District, and Lancaster County.
Construction on a deteriorated property to enable its use
for commercial or industrial purposes. Construction of structures
containing only dwelling units shall not be considered new construction
for the purposes of this article.
The Penn Manor School District.
[Amended 6-17-2022 by Ord. No. 2022-03]
Borough Council determines that the areas deemed as deteriorated
shall include the following:
|
Property Address
|
Lancaster County Tax Account No.
|
|---|---|
|
321 Manor Avenue
|
440-95699-0-0000
|
A.
The amount to be exempted from Borough real estate taxes shall be
limited to that portion of the additional assessed valuation 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 Borough real estate taxes shall be limited to
the assessed valuation attributable to the new construction or improvement
for which an exemption has been requested in the manner set forth
in this article and for which a separate assessment has been made
by the Lancaster County Assessor.
A.
The schedule of the Borough real estate taxes to be exempted shall
be in accordance with the below portion of the assessed valuation
attributable to new construction or improvements to be exempted each
year.
|
Year
|
Portion of Exemption (%)
|
|---|---|
|
First
|
100
|
|
Second
|
90
|
|
Third
|
80
|
|
Fourth
|
70
|
|
Fifth
|
60
|
|
Sixth
|
50
|
|
Seventh
|
40
|
|
Eighth
|
30
|
|
Ninth
|
20
|
|
Tenth
|
10
|
B.
If an eligible property is granted a Borough tax exemption pursuant
to this article, the improvement shall not, during the exemption period,
be considered as a factor in assessing other properties.
C.
The exemption from Borough taxes granted under this article shall
be upon the property and shall not terminate upon the sale or exchange
of the property.
D.
In the event there is a county-wide assessment of all real property
located within Lancaster County, the tax exemption granted hereunder
shall remain in effect in accordance with the terms of this article
notwithstanding any such reassessment.
A.
Any person desiring tax exemption from Borough real estate taxes
under this article shall notify the Manager and Treasurer of the Borough,
as well as the Business Manager of the School District, in writing
on a form provided to the applicant at the time he/she secures a building
permit for the new construction or improvement. A copy of the exemption
request shall be forwarded to the Lancaster County Assessment Office.
The Lancaster 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 this article and shall notify the taxpayer,
the Borough and the School District 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 the local taxing authority as provided by law.
B.
The cost of the new construction or improvements to be exempted from
Borough real estate taxes under this article and the schedule of Borough
real estate taxes exempted existing at the time of initial request
for tax exemption shall be applicable to that exemption request, and
subsequent amendments to this article, if any, shall not apply to
requests initiated prior to the adoption of such amendments.
[Amended 6-17-2022 by Ord. No. 2022-03]
An application for exemption from Borough real estate taxes
may be made at any time within five years from May 24, 2022. All qualified
applications under this article are eligible for the entire ten-year
exemption schedule.
The Borough may, by ordinance enacted from time to time, extend
the time for filing an application for exemption from Borough real
estate taxes. However, in no event shall any one extension period
exceed five years.
The exemption from Borough real estate taxes provided for herein
shall be forfeited by the taxpayer and/or any 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 Borough Treasurer shall discontinue the LERTA exemption.
