As used in this article, the following words and phrases shall
have the meanings set forth below:
ACT
The Pennsylvania Local Economic Revitalization Tax Assistance
Act (LERTA), 72 P.S. § 4722 et seq.
BOROUGH
The Borough of Masontown, Fayette County, Pennsylvania.
EXEMPTION
The exemption from Borough real property taxation established
and obtained pursuant to this article.
IMPROVEMENT
Any repair, construction or reconstruction, including alterations
and additions, having the effect of improving and rehabilitating a
property within the deteriorated area so that it becomes habitable
or attains higher standards of safety, health, economic use or amenity,
or is brought into compliance with all applicable laws, ordinances,
codes, rules and regulations governing such standards. Ordinary upkeep
and maintenance shall not be deemed an improvement.
PERSON
An individual, company, corporation, general partnership,
limited partnership, association, limited-liability company, trust,
estate or other entity of any nature.
PROPERTY
Any industrial, commercial or other business property owned
by any person and located in the deteriorated area, excluding home
occupations and home-based businesses.
Each property located in the deteriorated area shall be eligible
to participate in the tax exemption program so long as it meets all
of the requirements for the tax exemption program as set forth in
this article.
The length and the amount of the exemption provided for in this
article shall be the percentage over a ten-year period, as follows:
A. For the first year immediately following the date upon which the
improvements become assessable, an amount equal to 100% of the assessed
valuation of the eligible improvements shall be exempted from Borough
real property taxation.
B. For the second year immediately following the date upon which the
improvements become assessable, an amount equal to 100% of the assessed
valuation of the eligible improvements shall be exempted from Borough
real property taxation.
C. For the third year immediately following the date upon which the
improvements become assessable, an amount equal to 100% of the assessed
valuation of the eligible improvements shall be exempted from Borough
real property taxation.
D. For the fourth year immediately following the date upon which the
improvements become assessable, an amount equal to 100% of the assessed
valuation of the eligible improvements shall be exempted from Borough
real property taxation.
E. For the fifth year immediately following the date upon which the
improvements become assessable, an amount equal to 100% of the assessed
valuation of the eligible improvements shall be exempted from Borough
real property taxation.
F. For the sixth year immediately following the date upon which the
improvements become assessable, an amount equal to 100% of the assessed
valuation of the eligible improvements shall be exempted from Borough
real property taxation.
G. For the seventh year immediately following the date upon which the
improvements become assessable, an amount equal to 100% of the assessed
valuation of the eligible improvements shall be exempted from Borough
real property taxation.
H. For the eighth year immediately following the date upon which the
improvements become assessable, an amount equal to 100% of the assessed
valuation of the eligible improvements shall be exempted from Borough
real property taxation.
I. For the ninth year immediately following the date upon which the
improvements become assessable, an amount equal to 100% of the assessed
valuation of the eligible improvements shall be exempted from Borough
real property taxation.
J. For the 10th year immediately following
the date upon which the improvements become assessable, an amount
equal to 100% of the assessed valuation of the eligible improvements
shall be exempted from Borough real property taxation.
K. The exemption shall terminate on the 11th year immediately following the date upon which the improvements
become assessable.
This Article
VI of Chapter
126 shall become effective on the effective date and shall be applicable for a period of 10 calendar years thereafter, at which time it shall automatically expire.
Any person timely applying for and receiving an exemption in accordance with the provisions of this article shall be entitled to the exemption in accordance with the exemption schedule set forth in §
126-72 of this article even if such exemption schedule extends beyond the termination of the tax exemption program, and for this purpose the tax exemption program shall continue in force and effect until the last such exemption amount granted pursuant hereto has expired. In the event of any dispute regarding the timeliness or completion of any such application, the determination of Borough Council made at a public meeting shall be final and binding.
The exemption from Borough real property taxes provided for
in this article shall be forfeited by the applicant and/or any subsequent
owner of the property, and such exemption shall be revoked by the
Borough upon the occurrence of any of the following:
A. The failure to pay in full 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 property
taxes, the Borough Treasurer shall immediately terminate the exemption.
B. The failure to pay when due any amount due and owing to the Borough.
Upon receipt of notice of nonpayment of any such amount, the Borough
Treasurer shall immediately terminate the exemption.
C. The failure to obtain and pay in full all fees for all necessary
and proper permits, licenses and certificates prior to commencement
of construction of the improvements to, or occupancy of, the property.
D. The failure to comply with the minimum standards established by all
applicable laws, ordinances, codes, rules and regulations.
E. The failure to comply with the provisions of this article.
Borough Council is hereby authorized and empowered to adopt,
promulgate, amend, implement and enforce, by resolution of Borough
Council from time to time, reasonable rules and regulations to carry
out the terms and provisions of this article.
If any provision, sentence, clause, section, subsection or portion
of this article is for any reason found to be unconstitutional, illegal
or invalid, such unconstitutionality, illegality or invalidity shall
not affect or impair any of the remaining provisions, sentences, clauses,
sections, subsections or portions of this article. It is hereby declared
as the intent of the Borough Council that this article would have
been adopted had such unconstitutional, illegal or invalid provision,
sentence, clause, section, subsection or portion thereof not been
included herein.