[Amended 8-9-2018 by Ord.
No. 2018-7]
Upon approval of an ordinance authorizing an agreement for tax
abatement for a particular project or projects, the governing body
may enter into written agreements with the applicants for abatement
of local property taxes. The agreement shall provide for the applicant
to pay the municipality in lieu of full property taxes an amount equal
to a percentage of taxes otherwise due according to any one, but in
no case a combination, of the following formulas authorized by N.J.S.A.
40A:21-10:
A. Cost basis. The agreement may provide for the applicant to pay to
the municipality in lieu of full property tax payments an amount equal
to 2% of the cost of the project or improvement. For the purposes
of the agreements, "the cost of the project" means only the cost or
fair market value of direct labor and all materials used in the construction,
expansion or rehabilitation of all buildings, structures, and facilities
at the project site, including the costs, if any, of land acquisition
and land preparation, provision of access roads, utilities, drainage
facilities and parking facilities, together with architectural, engineering,
legal surveying, testing and contractors' fees associated with the
project, which the applicant shall cause to be certified and verified
to the governing body by an independent and qualified architect following
the completion of the project.
B. Gross revenue basis. The agreement may provide for the applicant
to pay to the municipality in lieu of full property tax payments an
amount annually equal to 15% of the annual gross revenues from the
project. For the purposes of the agreement, "annual gross revenues"
means the total amount gross rental and other income payable to the
owner of the project from the project. If, in any leasing, any real
estate taxes or assessments on property included in the project, any
premiums for fire or other insurance on or concerning property included
in the project, or any operating or maintenance expenses ordinarily
paid by the landlord are to be paid by the tenant, then those payments
shall be computed and deemed to be part of the rent and shall be included
in the annual gross revenue. The tax agreement shall establish the
method of computing the revenues and may establish a method of arbitration
by which either the landlord or tenant may dispute the amount of payments
so included in the annual gross revenue.
C. Tax phase-in basis for new commercial and industrial sections. The agreement may provide for the applicant to pay to the municipality in lieu of full property tax payments an amount equal to a percentage of taxes otherwise due, for construction of new commercial and industrial sections as set forth in §
266-4 above, according to the following schedule:
(1) In the first full tax year after completion, no payment in lieu of
taxes otherwise due.
(2) In the second tax year, an amount not less than 20% of taxes otherwise
due.
(3) In the third tax year, an amount not less than 40% of taxes otherwise
due.
(4) In the fourth year, an amount not less than 60% of taxes otherwise
due.
(5) In the fifth tax year, an amount not less than 80% of taxes otherwise
due.
D. Tax phase-in basis for improvements to commercial and industrial sections. The agreement may provide for the applicant to pay to the municipality in lieu of full property tax payments an amount equal to a percentage of taxes otherwise due, for improvements to commercial and industrial sections as set forth in §
266-3 above, for no payment in lieu of taxes otherwise due in the first full tax year after completion through the fifth tax year after completion. However, during the exemption period, as required by N.J.S.A. 40A:21-7, the assessment on the property shall not be less than the assessment thereon existing immediately prior to the improvements, unless there is damage to the structure through action of the elements sufficient to warrant a reduction.
No exemption or abatement shall be granted or tax agreement
entered into pursuant to this article for any property for which property
taxes and/or other municipal charges are delinquent or remain unpaid,
or for which penalties for nonpayment of taxes are due. As a condition
to granting exemption or abatement, a property owner shall be required
to waive the filing of any tax appeal for the subject property for
the life of the exemption/abatement.
At the termination of an agreement for tax abatement or exemption
authorized pursuant to this article, the project shall be subject
to all applicable real property taxes, as provided by state laws and
regulations, and local ordinances, provided that nothing herein shall
be deemed to prohibit the project or improvement at the termination
of the agreement for tax exemption or abatement from qualifying for
and receiving the full benefits of any other tax preference provided
by law.
Pursuant to N.J.S.A. 40A:21-21, the Borough shall provide timely
reports as required therein to the Department of Community Affairs
and the Department of the Treasury.