[Ord. No. 495 § 1]
The adoption of the provisions of this chapter are intended
to assist this Township in returning underutilized and abandoned industrial
and commercial properties to the active tax rolls to help alleviate
the residential property tax burden in this Township. It is further
understood that, by assisting in the revitalization of these properties,
the Township will not only ease said tax burden but will help to restore
a vital resource for job creation and faster redevelopment in the
region.
[Ord. No. 495 § 2]
As used in this chapter, the following terms shall have the
meanings indicated.
Shall mean the Municipal Tax Assessor appointed pursuant to the provisions of Chapter 9 of Title 40A of the New Jersey Statutes.
Shall mean any discharged hazardous substance as defined
pursuant to Section 3 of P.L. 1976, c. 141 (N.J.S.A. 58:10-23.1),
hazardous waste as defined pursuant to Section 3 of P.L. 1976, c.
99 (N.J.S.A. 13:1E-38) or pollutant as defined pursuant to Section
3 of P.L. 1977, c. 74 (N.J.S.A. 58:10A-3).
Shall mean any qualified real property that has been designated
by the governing body as an "Environmental Opportunity Zone" pursuant
to Section 4 of P.L. 1996, c. 413 (N.J.S.A. 54:4-3.153).
Shall mean any parcel of real property that is now vacant
or underutilized, which is in need of remediation due to a discharge
or threatened discharge of a contaminant and which is listed in the
most recent Department of Environmental Protection publication of
known hazardous discharge sites in New Jersey prepared pursuant to
P.L. 1982, c. 202 (N.J.S.A. 58:10-23.15 et seq.).
Shall mean all necessary actions to investigate and clean
up any known, suspected, or threatened discharge of contaminants,
including, as necessary, the preliminary assessment, site investigation,
remedial investigation, and remedial action.
[Ord. No. 495 § 3]
a.
A property owner or contract purchaser can obtain an application
form from the Tax Assessor's office. (The application must be
filled out in its entirety and have all necessary attachments to be
determined complete for review and recommendation.)
b.
In addition to a completed application, the applicant for an Environmental
Opportunity Zone must provide a copy of the title or purchase agreement;
a copy of an executed memorandum of agreement (MUA) or administrative
consent order (ACO) with the State of New Jersey, Department of Environmental
Protection, Site Remediation Program; and an agreement to perform
the remediation. The specific Environmental Opportunity Zone, once
remediated, shall be used for commercial or industrial purposes during
the time period for which the real property tax exemption has been
given by the Township Committee of Maurice River Township, based on
the recommendation of the Tax Assessor, which time period restriction
shall be included in the executed tax abatement/exemption agreement.
c.
In addition to the foregoing, an applicant shall deposit the sum of one thousand ($1,000.00) dollars with the Chief Financial Officer of the Township, said monies to be deposited in an escrow review account to be established pursuant to Section 27-4.
d.
Confirmation, in writing, by the Township Engineer of review of the
potential environmental hazard or the placement of the property on
the State of New Jersey Contaminated Site List, prepared pursuant
to P.L. 1982, c. 202 (N.J.S.A. 58:10-23.15 et seq.).
e.
Upon receipt of the documents and payment described in the subsections
immediately above, the Tax Assessor shall prepare a recommendation
of approval or denial for the governing body's action at a regularly
scheduled meeting of the Township Committee.
f.
In addition to reviewing the paperwork described above, the Tax Assessor
shall review the property for tax delinquency status. Taxes must be
current at the time of application.
g.
The applicant must demonstrate to the Township that without this
designation the remediation of an environmental hazard will not occur.
h.
The designation of a property and its approval may be assigned to
a subsequent owner with the approval of the governing body.
[Ord. No. 495 § 4]
a.
The escrow review account is to be used to pay the fees of any professional
personnel retained or employed by the Township to assist in processing,
reviewing and making recommendations concerning the subject application.
If, at any time, it becomes evident to the Chief Financial Officer
that the escrow account is, or will become, insufficient to cover
all reasonable fees for the required professional services, the applicant
shall increase the account as determined by the Township Committee.
Any excess funds in the escrow account remaining after all review
fees have been paid shall be returned to the applicant.
b.
The Chief Financial Officer shall deposit the funds in a separate
escrow account and carry under the Township's trust fund section
of accounts on the books of the Township as a review fee escrow fund.
The Chief Financial Officer shall periodically report to the Township
Committee on the current balance in each escrow account being held
by the Township.
c.
The payment of interest on said escrow account shall be made in accordance
with standards and conditions identical to those standards and conditions
set forth in the N.J.S.A. 40:55D-53.1 relating to escrow deposits
for development applications under the New Jersey Land Use Law.
d.
Payment to professionals from said escrow account for services rendered
to the municipality shall be made in accordance with standards and
conditions identical to those standards and conditions set forth in
the N.J.S.A. 40:55D-53.2 relating to payments to professionals for
review of development applications under the New Jersey Land Use Law.
[Ord. No. 495 § 4]
a.
The real properties referred to in this section are hereby designated
as Environmental Opportunity Zones, pursuant to P.L. 1995, c. 413
(N.J.S.A. 54:43.150 et seq.). This designation allows the owner or
contract purchaser of the designated property to apply for final designation
as set forth in this chapter. A final designation of an Environmental
Opportunity Zone does not occur until the application is approved
by the Tax Assessor and recommended for final approval by the Township
Committee. The final approval will be granted by the Township Committee
at a regularly scheduled meeting by resolution of the Township Committee.
The real properties to be designated eligible for application as an
Environmental Opportunity Zone are as follows:
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Properties collectively known as the Dorchester Shipyard
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Block 274
Block 252
Block 272
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Lots 1, 2, 3 and 4
Lots 20 and 21
Lots 15, 16 and 16.01
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b.
This list may be expanded at any time by resolution of the Township
Committee based upon a recommendation of the Tax Assessor and the
Township Engineer, or his/her designee, or such other official designated
to determine the potential or actual discharge on the property.
[Ord. No. 495 § 5]
a.
Payments in lieu of real property taxes will be computed as a portion
of the real property taxes otherwise due, according to the following
schedule:
1.
In the first tax year following execution of a memorandum of agreement
(MOA) or administrative consent order (ACO), no payment in lieu of
taxes otherwise due.
2.
In the second tax year following execution of an MOA or ACO, an amount
of not less than ten (10) percent of taxes otherwise due.
3.
In the third tax year following execution of an MOA or ACO, an amount
of not less than thirty (30) percent of taxes otherwise due.
4.
In the fourth tax year following execution of an MOA or ACO, an amount
of not less than forty (40) percent of taxes otherwise due.
5.
In the fifth tax year following execution of an MOA or ACO, an amount
of not less than fifty (50) percent of taxes otherwise due.
6.
In the sixth tax year following execution of an MOA or ACO, an amount
of not less than sixty (60) percent of taxes otherwise due.
7.
In the seventh tax year following execution of an MOA or ACO, an
amount of not less than seventy (70) percent of taxes otherwise due.
8.
In the eighth tax year following execution of an MOA or ACO, an amount
of not less than eighty (80) percent of taxes otherwise due.
9.
In the ninth tax year following execution of an MOA or ACO, an amount
of not less than ninety (90) percent of taxes otherwise due.
10.
In the tenth tax and all subsequent tax years following execution
of an MOA or ACO, the exemption shall expire and the full amount of
the assessed real property taxes, taking into account the value of
the real property in its remediated state, shall be due.
b.
The payments required pursuant to this section shall be made in quarterly
installments according to the same schedule as real property taxes
are due and payable. Failure to make these payments shall result in
the termination of the exemption.
c.
Notwithstanding any other provisions of this chapter, if at any time
the Township Committee finds that the MOA has been terminated at the
option of the applicant, unless an ACO is issued in its stead, or
that any of the conditions of this chapter are not met, the period
of the property tax exemption shall end as determined by the appropriate
Township officials.
