[Ord. No. 2482-2017 § 1]
The definitions contained in N.J.S.A. 40A:21-3 are incorporated
herein by reference as if set forth at length. As used in this chapter,
words shall have the meaning as so defined unless a different meaning
is expressed.
[Ord. No. 2482-2017 § 2]
The Borough of Roselle Park hereby authorizes the utilization
of tax abatements in accordance with Article VIII, Section 1, Paragraph
6, of the New Jersey Constitution and establishes the eligibility
of dwellings and multi-dwellings for five (5) year tax abatements
as authorized by N.J.S.A. 40A:21-1, et seq., throughout the entire
Borough, but only to the extent set forth herein.
[Ord. No. 2482-2017 § 3]
All dwellings which are at least twenty (20) years old shall,
following receipt and approval by the Borough of Roselle Park of a
fully-executed and complete application described herein, be exempt
from taxation of the first twenty-five thousand ($25,000.00) dollars
in the Tax Assessor's full and true value of improvements, as
defined in N.J.S.A. 40A:21-3 for a period of five (5) years following
completion of such improvements, commencing with the first full tax
year following completion of the improvements.
[Ord. No. 2482-2017 § 4]
Applicants for tax abatement for improvements to dwellings and
multiple dwellings shall provide the municipal Governing Body with
an application setting forth:
a.
A general description of a project for which abatement is sought;
b.
A legal description of all real estate necessary for the project;
c.
Plans, drawings, and other documents as may be required by the Governing
Body to demonstrate the structure and design of the project;
d.
A statement of the reasons for seeking tax abatement on the project
and a description of the benefits to be realized by the applicant
if a tax abatement is granted;
e.
A statement showing (1) the real property taxes currently being assessed
at the project site, (2) estimated tax payments that would be made
by the applicant on the project in the first full year following the
termination of the tax agreement;
f.
If the project is a multi-dwelling, a description of the number and
types of dwelling units to be provided, a description of the common
elements or general common elements, and a statement of the proposed
initial rentals or sales prices of the dwelling units according to
type and of any rental lease or resale restrictions to apply to the
dwelling units respecting low- or moderate-income housing;
g.
Such other pertinent information as the Governing Body may require.
[Ord. No. 2482-2017 § 5]
Applications for abatements must be filed with the Roselle Park
Tax Assessor within thirty (30) days, including Saturdays, Sundays,
and legal holidays, of the completion of the improvement and obtaining
a certificate of occupancy or approval. If the thirtieth (30th) day
falls on a Saturday, Sunday and/or legal holiday, the time to file
will be extended to the next business day. Every application for abatement
which is filed within the time specified shall be approved and allowed
to the degree the application is consistent with the provisions of
this section, provided that the improvement for which application
is made qualifies as an improvement. The granting of an abatement
shall be recorded and made a permanent part of the official tax records
of the Borough of Roselle Park, which records shall contain a notice
of the termination date thereof.
[Ord. No. 2482-2017 § 6]
No tax abatement shall be granted unless approved by resolution
of the Borough Council on an individual basis after review, evaluation,
and approval of each application for compliance with the terms of
this section and the underlying statute, rules, and regulations.
[Ord. No. 2482-2017 § 7]
No abatement of improvements from taxation shall be allowed
except pursuant to statute and to duly promulgated regulations of
the Department of Community Affairs and Division of Taxation, which
include the requirements that the taxpayer submit to the Roselle Park
Tax Assessor, a written application, approved by the Tax Assessor,
requesting said abatement, which application shall be in a form prescribed
by the State Division of Taxation.
[Ord. No. 2482-2017 § 8]
All tax agreements entered into by the Borough of Roselle Park,
pursuant to Section 9 through 12 of P.L. 1991 c.441 shall be in effect
for no more than the five (5) full years next following the date of
completion of the project.
Within thirty (30) days after the execution of a tax agreement,
the Borough of Roselle Park shall forward a copy of the Agreement
to the Director of the Division of Local Government Services in the
Department of Community Affairs.
[Ord. No. 2482-2017 § 9]
Every application for abatement and every abatement granted
shall be subject to all the provisions of N.J.S.A. 40A:21-1. et seq.
and all rules regulations issued thereunder.
[Ord. No. 2482-2017 § 10]
All tax abatement agreements shall provide that the applicant
is subject to all Federal, State, and local laws and regulations.
[Ord. No. 2482-2017 § 11]
The percentage of property taxes which would have been paid
had an abatement not been granted for the property under the agreement
shall be applied to the valuation of the property to determine the
reduced valuation of the property to be included in the valuation
of the Borough of Roselle Park for determining equalization for County
apportionment and school aid during the term of the tax abatement
agreement covering the property.
[Ord. No. 2482-2017 § 12]
The Tax Assessor shall determine, on October 1 of the year following
the date of the completion of an improvement or construction, the
true taxable value thereof. The amount of tax to be paid for the tax
year which the project is completed shall be based on the assessed
valuation of the property. Subject to the provisions of the adopting
ordinance, the property shall continue to be treated in the appropriate
manner for each of the four (4) tax years subsequent to the original
determination by the Tax Assessor and shall be pro-rated for the final
tax year in which the abatement expires.
[Ord. No. 2482-2017 § 13]
The granting of an abatement, shall relate back to and take
effect as of, the date of completion of the project, or portion or
stage of the project for which the abatement is granted, and shall
continue for five (5) annual periods from that date. The grant of
the abatement shall be recorded and made a permanent part of the official
tax records of the taxing district, which record shall contain a notice
of termination date thereof.
[Ord. No. 2482-2017 § 14]
If during any tax year prior to the termination of the tax abatement,
the applicant fails to meet the conditions of eligibility, the tax
otherwise due if there had been no abatement shall become due and
payable by the property owner. The Tax Assessor shall notify the property
owner and the Roselle Park Tax Collector forthwith and the Roselle
Park Tax Collector shall, within fifteen (15) days thereof, notify
the owner of the property of the amount of taxes due. However, with
respect to sale or otherwise disposal of the property which it is
determined that the new owner of the property will continue to use
the property pursuant to the conditions which were set forth in the
tax abatement agreement, the abatement shall continue.
[Ord. No. 2482-2017 § 15]
In the event of default by the applicant the municipality shall
notify the applicant, in writing, of said default. The applicant shall
have thirty (30) days to cure any default. Following the thirty (30)
day cure period, the municipality shall have the right to proceed
against the property pursuant to the In-Rem Tax Foreclosure Act, N.J.S.A.
54:4-1, et seq. and/or may cancel the Abatement Agreement upon thirty
(30) days' notice to the applicant.
[Ord. No. 2482-2017 § 16]
At the termination of a tax abatement agreement, a project shall
be subject to all applicable real property taxes as provided by State
law and local ordinance.
[Ord. No. 2482-2017 § 17]
The Municipal Clerk is hereby authorized and directed to forward
a certified copy of this section (Ord. No. 2482-2017) to the State
of New Jersey Department of Community Affairs.
[Ord. No. 2482-2017 § 18]
No abatements shall be granted for any property for which property
taxes or any other municipal charges are delinquent or remain unpaid
or for which penalties for nonpayment are due for a period of at least
one (1) year, or for any property not being used in conformance with
Federal, State, or local statute, regulation, or ordinance.
In addition, one- and two-family structures which contain home
based businesses are ineligible for the tax and abatement programs
described herein.
[Ord. No. 2482-2017 § 19]
Any appeal of any determination made by the Borough of Roselle
Park under the terms of this section shall be made to the Union County
Board of Taxation, unless a direct appeal to the New Jersey Tax Court
is authorized by law.
