[Adopted 11-15-2017 by Ord. No. 9-2017]
As used in this article, the following terms shall have the
meanings indicated:
The real estate located in the City of Nanticoke that the
City Council of the City of Nanticoke designated as deteriorated areas
herein.
Any industrial, commercial or other business property located
in an eligible deteriorating area, as defined hereinafter, or any
such property which has been the subject of an order of a governmental
agency requiring the property to be vacated, condemned or demolished
by reason of noncompliance with laws, ordinances or regulations.
Repair, new construction or reconstruction, building alterations
or additions, having the effect of rehabilitating deteriorated property
so that it becomes habitable or attains higher standards of safety,
economic use or amenity or is brought into compliance with laws, ordinances
or regulations governing such standards. Ordinary upkeep or maintenance
shall not be deemed an improvement.
A.
The boundaries of the area within the City of Nanticoke comprised
of approximately 70.07 acres of land on Kosciuszko Street in the City
of Nanticoke across from the main entrance to Luzerne County Community
College back to the Nanticoke and Hanover boundary line bounded generally
on both sides by the Lexington Village Development and College Hill
Developments, currently owned by Earth Conservancy. The property identification
numbers for the parcels are 42-J7-00A-011-001, 42-J7-00B-009, and
42-J7K8-00A-010. This property is hereby designated a deteriorated
area and shall be considered deteriorated property for the purpose
of the Local Economic Revitalization Tax Assistance Act.
B.
The cost of improvements per unit to be exempted shall be the full
portion of assessment attributable to new improvements as determined
by the Luzerne County Assessment Office and is currently estimated
to be approximately $25 million.
C.
This designation is contingent on the applicant securing all applicable
approvals, including but not limited to zoning approvals.
A.
The amount to be exempted from real estate taxes is limited to that
portion of the additional assessment attributable to the actual cost
of new construction in the deteriorated area or improvements to the
deteriorated property.
B.
The exemption from real estate taxes is limited to improvements or
new constructions for which an exemption has been requested in the
manner set forth in this article.
C.
The exemption commences on the date that the improvement or new construction
is assessed by the Luzerne County Assessor's Office. At that time,
the said improvements will be exempt according to the following schedule:
|
Year(s)
|
Percentage Property Tax Abatement on Improvements or New Construction
(except as referenced above)
|
|---|---|
|
1 to 7
|
100%
|
|
8
|
90%
|
|
9
|
80%
|
|
10
|
70%
|
|
Thereafter
|
All improvements will be assessed without tax.
|
D.
The exemption from taxes granted under this article does not terminate
upon the sale or exchange of the property.
A.
Any person desiring tax exemption under this article ("applicant")
shall submit an application with the City Manager. The applicant shall
submit the application within 45 days of receiving the building permit
for the improvement or new construction. If the improvement or new
construction does not require a building permit, the applicant shall
submit the application within 45 days of commencing the construction.
The application must be in writing and must provide the following
information:
(1)
The name of the owner or owners of the deteriorated area;
(2)
The date the building permit was issued for the improvement or new
construction (if applicable);
(3)
The date when the applicant commenced the construction for the improvement
or new construction (if applicable);
(4)
The location of the property, including tax parcel identification
numbers;
(5)
A brief description of the proposed improvement or new construction;
(6)
Estimated costs of the improvement or new construction; and
(7)
Any other information that the City of Nanticoke may require.
B.
Upon completion of the improvement or new construction, the applicant
shall notify the City Manager by writing that the improvement or new
construction is complete. Upon receiving the notice, the City Manager
shall make a request to the Luzerne County Assessor's office to separately
assess 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. The Luzerne County Assessor's
office shall then notify the applicant, and the City of Nanticoke,
of the reassessment and the amount of the assessment eligible for
the exemption.
C.
The applicant and any local taxing authorities may appeal the reassessment
and the amount eligible for exemption as provided by law.
D.
The cost of the new construction or improvements to be exempted and
the schedule of taxes exempted existing at the time of the initial
request for tax exemption shall be applicable to that exemption request,
and subsequent amendment to this article, if any, shall not apply
to the adoption of any such amendment.
An application for exemption may be made at any time within
three years from the effective date of this article. All qualified
applications under this article are eligible for the entire ten-year
exemption schedule.
The City of Nanticoke may, by Ordinance adopted from time to
time, extend the time for filing an application for exemption.
The exemption from real estate taxes provided for herein shall
be forfeited by the applicant 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 City of Nanticoke shall discontinue the LERTA exemption.
No amendments to this article are effective unless the City
Council of the City of Nanticoke consents to the amendment by ordinance.
This article repeals any other prior ordinance inconsistent
with this article.
If any part of this article is unenforceable to any extent for
any reason, the rest of the article will remain fully enforceable.
The administration and officials for the City of Nanticoke are
directed and authorized to take any action needed to carry out the
intent of this article.
