[Adopted 1-2-2018 by Ord. No. 651]
As used in this article, the following terms shall have the meanings indicated:
ACT or LERTA
Local Economic Revitalization Tax Assistance Act of the Commonwealth, 72 P.S. § 4722 et seq., as amended.
BOARD OF SUPERVISORS
The Lower Providence Township Board of Supervisors.
COMMONWEALTH
The Commonwealth of Pennsylvania.
COUNTY
County of Montgomery, Pennsylvania, acting by and through its Board of County Commissioners, or acting by and through its authorized representatives.
ELIGIBLE PROPERTY
The property within the Township identified in this article and attached as Exhibit A.[1]
IMPROVEMENT
Repair, construction, or reconstruction, including alterations and additions, having the effect of rehabilitating an industrial, commercial or other business located on the eligible property and owned by an individual, association or corporation 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. "Improvement" does not include any ordinary upkeep or maintenance.
LOCAL TAXING AUTHORITIES
Lower Providence Township, Montgomery County, and the Methacton School District.
PERSON
Any individual, partnership, company, association, society, trust, corporation, municipality, municipal authority, or other group or entity.
SCHOOL DISTRICT
Methacton School District, Montgomery County, Pennsylvania, acting by its Board of School Directors, or, in appropriate cases, acting by and through its authorized representatives.
TOWNSHIP
Lower Providence Township, Montgomery County, Pennsylvania, acting by and through its Board of Supervisors, or acting by and through its authorized representatives.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
The Township hereby designates the following property as a deteriorated area determined within the meaning of the Act,[1] and one in which the local taxing authorities may grant a tax exemption pursuant to the provisions of the Act: 950 Rittenhouse Road, Audubon, PA, 19403 as shown on the map and folio number attached hereto as Exhibit A.[2]
[1]
Editor's Note: See 72 P.S. § 4722 et seq.
[2]
Editor's Note: Exhibit A is on file in the Township offices.
A. 
The eligible property is hereby exempted from all real estate property taxes, that portion of additional assessment attributable to the actual costs of new improvements to the eligible property for which proper application has been made in accordance with this article.
B. 
The exemptions authorized by this article shall be in accordance with the standard exemption schedule under § 130-78C, subject to provisions and limitations hereinafter set forth.
C. 
The schedule of real property taxes to be exempted shall be in accordance with the following percentage of the assessed valuation of new improvements to the eligible property:
Standard Exemption Schedule
Tax Year(s) Following Completion of Construction
Exemption Portion of Increased Assessed Valuation
1
100%
2
90%
3
80%
4
70%
5
60%
6
50%
7
40%
8
30%
9
20%
10
10%
D. 
A tax exemption granted under this article shall not terminate upon the sale or exchange of the eligible property.
A. 
If the owner of the eligible property desires tax exemption pursuant to this article, said owner shall apply in writing for such exemption on a form to be provided by the Township at the principal office of the Township, and must be received by the Township within 60 days following the date of issuance of a building permit for any new improvements.
B. 
The Township shall make available to the owner of said eligible property desiring to apply for tax exemption in accordance with this article an application form (the application) which shall require such person to supply the following information:
(1) 
The name of the owner or owners of the eligible property;
(2) 
The location of the eligible property, including the tax parcel identification number assigned to such property for real property tax purposes;
(3) 
The type of new improvements to be made on the eligible property (industrial, commercial or other business);
(4) 
The nature of the improvements to be made on the eligible property;
(5) 
The date on which the relevant building permit was issued, the date on which construction commenced or the estimated date on which it shall commence;
(6) 
The cost or estimated cost of the new improvements;
(7) 
Whether the eligible property has been condemned by any governmental body for non compliance with laws or ordinances; and
(8) 
Such additional information as the Township may reasonably require.
C. 
The appropriate official of the Township shall forward a copy of such completed application to the county and school district within 30 days following the date on which such application is filed.
D. 
The cost of new improvements to be exempted and the schedule of taxes exempted at the time of an initial request for tax exemption made in accordance with the provisions of this article shall be applicable to that exemption request, and any subsequent amendment to this article, if any, shall not apply to applications filed with the Township prior to their adoption.
E. 
The Township may reject an application that is incomplete or fails to provide any of the information required under this article.
A. 
If the property owner of the eligible property elects to appeal the assessed value of the property under LERTA during any exemption period granted, said property shall be disqualified from participation in the LERTA Program upon the filing of such an appeal to the Board of Assessment.
B. 
If the property owner of the eligible property fails to pay when due any and all nonexempt real estate taxes together with water/sewer rents relating to the property's participation in the LERTA Program, said failure shall result in the property's disqualification from participation in the LERTA Program.
C. 
Any other matter that is determined by the Township to be in contravention of this article shall result in disqualification from participation in the LERTA Program.
The provisions of this article shall expire upon the fifth anniversary of its enactment, unless extended by ordinance duly adopted. Any property tax exemptions granted under the provisions of this article shall be permitted to continue according to the exemption schedule even if this article expires or is repealed.
Appeals from the reassessment and the amounts eligible for exemption under this article may be taken by the taxpayer or the local taxing authorities as provided by law.