[Adopted 9-12-2017 by Ord. No. 731]
Local Economic Revitalization Tax Assistance Act of the Commonwealth,
72 P.S. § 4722 et seq., as amended.
The Lower Moreland Township Board of Commissioners.
The Commonwealth of Pennsylvania.
County of Montgomery, Pennsylvania, acting by and through
its Board of County Commissioners, or acting by and through its authorized
representatives.
The area within the Township identified in this article and
attached as Exhibit A.[1]
Any industrial, commercial or other business property located
within the designated area. Property adjacent to areas meeting the
criteria of this section, but which would not otherwise qualify, may
be included within the designated area, if the local taxing authority
determines that new improvements on such property would encourage,
enhance or accelerate improvement of the properties within the designated
area.
Any property located within the designated area (MU-REV District)
that does not contain a residential dwelling unit or units, which
shall include properties located within the MU-REV District that have
a commercial business on the first floor of the building. Any properties
within the MU-REV District that only provide for residential use or
contain a mix of residential and commercial are specifically excluded
from this definition.
Repair, construction, or reconstruction, including alterations
and additions, having the effect of rehabilitating an industrial,
commercial or other business property owned by an individual, association
or corporation located within the designated area 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.
Lower Moreland Township, Montgomery County, and the Lower
Moreland School District.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipal authority, or other group
or entity.
Lower Moreland School District, Montgomery County, Pennsylvania,
acting by its Board of School Directors, or, in appropriate cases,
acting by and through its authorized representatives.
Lower Moreland Township, Montgomery County, Pennsylvania,
acting by and through its Board of Commissioners, or acting by and
through its authorized representatives.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
The Township hereby designates the area within the following
boundaries as a "deteriorated area" determined within the meaning
of the Act, and one in which the local taxing authorities may grant
a tax exemption pursuant to the provisions of the Act: all commercial
and/or industrial properties within the MU-REV Zoning District of
the Township, as shown on the map attached hereto as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
A.
There is hereby exempted from all real estate property taxes that
portion of additional assessment attributable to the actual costs
of new improvements to 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 either the Standard Exemption Schedule or the Enhanced Exemption
Schedule 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 eligible property:
|
STANDARD EXEMPTION SCHEDULE
| |
|---|---|
|
Tax Year(s) Following Completion of Construction
|
Exemption Portion of 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 the Standard Exemption Schedule shall
become effective for a ten-year period from the date of issuance of
a certificate of occupancy for any improvements and shall terminate
after the 10th year.
|
ENHANCED EXEMPTION SCHEDULE
| |
|---|---|
|
Tax Year(s) Following Completion of Construction
|
Exemption Portion of Assessed Valuation
|
|
1
|
100%
|
|
2
|
100%
|
|
3
|
100%
|
|
4
|
100%
|
|
5
|
100%
|
|
6
|
100%
|
|
7
|
80%
|
|
8
|
60%
|
|
9
|
40%
|
|
10
|
20%
|
E.
Only properties 10 acres or greater shall be eligible for a tax exemption
under the Enhanced Exemption Schedule, and such exemptions shall become
effective for a ten-year period from the date of issuance of a certificate
of occupancy for any improvements and shall terminate after the 10th
year.
F.
A tax exemption granted under this article shall not terminate upon
the sale or exchange of the property.
A.
Any person who is an owner of eligible property and who desires tax
exemption pursuant to this article 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 any person 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.
Any property owner who elects to appeal the assessed value of a property
eligible under LERTA during any exemption period granted shall be
disqualified from participation in the LERTA Program upon the filing
of such an appeal to the Board of Assessment.
B.
Any property owner who fails to pay when due any and all nonexempt
real estate taxes together with water/sewer rents relating to a participating
property in the LERTA Program or any other property as may be owned
by the same property owner within the Designated Area shall result
in 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.[1]
[1]
Editor's Note: Ordinance No. 765, adopted 9-13-2022, provided
for a five-year extension of the LERTA Program.
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.
