Borough of Belmar, NJ
Monmouth County
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Table of Contents
Table of Contents
[1966 Code § 17-1]
Pursuant to Chapter 51, Laws of 1960, all tangible household personal property and personal effects located within the Borough shall not be assessed and taxed for the year 1962 and thereafter.
[1966 Code § 17-2]
This Chapter shall apply to taxes on tangible household personal property and personal effects due and payable in the year 1962 and thereafter so long as this Chapter shall be in effect, and shall not affect the obligation, lien or duty to pay any taxes, interest or penalties which have accrued or may accrue by virtue of any assessment made, or which may be made, with respect to taxes levied for any year prior to the year 1962; nor shall this Chapter affect the legal authority to assess and collect taxes which may be or have been due and payable prior to January 1, 1962, together with such interest and penalties as would have accrued thereon under any provisions of law amended or repealed hereby. This Chapter shall not invalidate any assessments or affect any proceedings of the enforcement thereof pending upon the effective date of January 1, 1962.
The power to exempt personal property from taxation is contained in N.J.S.A. 54:4-16.
[1966 Code § 17-3]
A certified copy of this Chapter shall be filed with the Division of Taxation in the Department of the Treasury of the State of New Jersey, and with the County Board of Taxation of Monmouth County.
[1]
Editor's Note: Section 30-4 was adopted May 15, 2013 by Ordinance No. 2013-07.
[Ord. No. 2013-07]
The Legislature of the State of New Jersey has determined that various statutes authorized by Article VIII, Section 1, Paragraph 6 of the New Jersey Constitution permitting municipalities to grant for periods of five years exemptions or abatements, or both, from taxation in areas in need of rehabilitation have proven to be effective in promoting construction and rehabilitation of residential and commercial and industrial structures in areas threatened with economic and social decline. In response, the Legislature adopted Chapter 441 of the Laws of 1991 (C. 40A:21-1 et seq.)(the "Act") to consolidate and make more coherent the most useful features of those statutes. The Borough of Belmar makes known its intention to utilize the tax exemption provisions authorized by Article VIII, Section 1, Paragraph 6 of the New Jersey Constitution, as enacted through the provisions of the Act, to authorize five-year exemptions for improvements to dwellings, construction of new dwellings, improvements to, conversion of structures to and construction of multiple dwellings, improvements to and construction of commercial and industrial structures.
[Ord. No. 2013-07]
As used in this section the following terms shall have the meanings indicated:
ANNUAL PERIOD
Shall mean a duration of time comprising 365 days, or 366 days when the included month of February has 29 days, that commence on the date that an exemption for a project becomes effective pursuant to Section 16 of the Act and subsection 30-4.13 of this section.
AREA IN NEED OF REHABILITATION
Shall mean a portion or all of a municipality which has been determined to be an area in need of rehabilitation or redevelopment pursuant to the "Local Redevelopment and Housing Law," P.L. 1992, c.79 (C. 40A:12A-1 et seq.), a blighted area as determined pursuant to the "Blighted Areas Act," P.L. 1949, c.187 (C. 40:55-21.1 et seq.), or which has been determined to be in need of rehabilitation pursuant to P.L. 1975, c.104 (C. 54:4-3.72 et seq.), P.L. 1977, c.12 (C. 54:4-3.95 et seq.), or P.L. 1979, c.233 (C. 54:4-3.121 et seq.).
ASSESSOR
Shall mean the officer of the Borough charged with the duty of assessing real property for the purpose of general taxation.
BOROUGH
Shall mean the Borough of Belmar, in the County of Monmouth, State of New Jersey.
BOROUGH ATTORNEY
Shall mean the legal counsel for the Borough.
BOROUGH COUNCIL
Shall mean the Municipal Council of the Borough.
BUSINESS ADMINISTRATOR
Shall mean the Business Chief Financial Officer shall mean the Chief Financial or Fiscal Officer of the Borough.
CLERK
Shall mean the Municipal Clerk of the Borough.
COMMERCIAL OR INDUSTRIAL STRUCTURE
Shall mean a structure or part thereof used for the manufacturing, processing or assembling of material or manufactured products, or for research, office, industrial, commercial, retail, recreational, hotel or motel facilities, or warehousing purposes, or for any combination thereof, which the Borough Council determines will tend to maintain or provide gainful employment within the Borough, assist in the economic development of the municipality, maintain or increase the tax base of the municipality and maintain or diversify and expand commerce within the municipality. Commercial and industrial structures shall not include any structure or part thereof used or to be used by any business relocated from another qualifying municipality unless: the total square footage of the floor area of the structure or part thereof used or to be used by the business at the new site together with the total square footage of the land used or to be used by the business at the new site exceeds the total square footage of that utilized by the business at its current site of operations by at least 10%; and the property that the business is relocating to has been the subject of a remedial action plan costing in excess of $250,000 performed pursuant to an administrative consent order entered into pursuant to authority vested in the Commissioner of Environmental Protection under P.L. 1970, c.33 (C. 13:1D-1 et seq.), the "Water Pollution Control Act," P.L. 1977, c.74 (C.58:10A-1 et seq.), the "Solid Waste Management Act," P.L. 1970, c.39 (C.13:1E-1 et seq.), and the "Spill Compensation and Control Act," P.L.1976, c.141 (C.58:10-23.11 et seq.).
COMPLETION
Shall mean substantially ready for the intended use for which a building or structure is constructed, improved or converted, as determined by the Assessor.
CONDOMINIUM
Shall mean a property created or recorded as a condominium pursuant to the "Condominium Act," P.L. 1969, c. 257 (C. 46:8B-1 et seq.).
CONSTRUCTION
Shall mean the provision of a new dwelling, multiple dwelling or commercial or industrial structure, or the enlargement of the volume of an existing multiple dwelling or commercial or industrial structure by more than 30%, but shall not mean the conversion of an existing building or structure to another use.
CONVERSION OR CONVERSION ALTERATION
Shall mean the alteration or renovation of a nonresidential building or structure, or hotel, motel, motor hotel or guesthouse, in such manner as to convert the building or structure from its previous use to use as a dwelling or multiple dwelling.
COOPERATIVE
Shall mean a housing corporation or association, wherein the holder of a share or membership interest thereof is entitled to possess and occupy for dwelling purposes a house, apartment, or other unit of housing owned by the corporation or association, or to purchase a unit of housing owned by the corporation or association.
DEVELOPMENT OFFICER
Shall mean the person appointed by the Mayor of the Borough to serve as the Development Officer pursuant to this section.
DWELLING
Shall mean a building or part of a building used, to be used or held for use as a home or residence, including accessory buildings located on the same premises, together with the land upon which such building or buildings are erected and which may be necessary for a fair enjoyment thereof, but shall not mean any building or part of a building, defined as a "multiple dwelling" pursuant to the "Hotel and Multiple Dwelling Law," P.L. 1967, c.76 (C. 55:13A-I et seq.). A dwelling shall include, as they are separately conveyed to individual owners, individual residences within a cooperative, if purchased separately by the occupants thereof, and individual residences within a horizontal property regime or a condominium, but shall not include "general common elements" or "common elements" of such horizontal property regime or condominium as defined pursuant to the "Horizontal Property Act," P.L. 1963, c. 168 (C. 46:8A-I et seq.), or the "Condominium Act," P.L. 1969, c.257 (C. 46:8B-I et seq.), or of a cooperative, if the residential units are owned separately.
EXEMPTION
Shall mean that portion of the Assessor's full and true value of any improvement, conversion alteration, or construction not regarded as increasing the taxable value of a property pursuant to the Act.
HORIZONTAL PROPERTY REGIME
Shall mean a property submitted to a horizontal property regime pursuant to the "Horizontal Property Act," P.L. 1963, c.168 (C. 46:8A-I et seq.).
IMPROVEMENT
Shall mean a modernization, rehabilitation, renovation, alteration or repair which produces a physical change in an existing building or structure that improves the safety, sanitation, decency or attractiveness of the building or structure as a place for human habitation or work, and which does not change its permitted use. In the case of a multiple dwelling, it includes only improvements which affect common areas or elements, or three or more dwelling units within the multiple dwelling. In the case of a multiple dwelling or commercial or industrial structure, it shall not include ordinary painting, repairs and replacement of maintenance items, or an enlargement of the volume of an existing structure by more than 30%. In no case shall it include the repair of fire or other damage to property for which payment of a claim was received by any person from an insurance company at any time during the three-year period immediately preceding the filing of an application for exemption pursuant to the Act.
MULTIPLE DWELLING
Shall mean a building or structure meeting the definition of "multiple dwelling" set forth in the "Hotel and Multiple Dwelling Law," P.L. 1967, c.76 (C. 55:13A-I et seq.), and means for the purpose of improvement or construction the "general common elements" and "common elements" of a condominium, a cooperative, or a horizontal property regime.
PROJECT
Shall mean the construction of commercial and industrial structures and multiple dwellings.
TAX AGREEMENT
Shall mean an agreement for exemption for projects and the payments to be made in lieu of taxes as required pursuant to the terms of this section.
TAX COLLECTOR
Shall mean the Tax Collector of the Borough.
TERMINATION DATE
Shall mean December 31, 2014, except as may be extended under subsection 30-4.14.
[Ord. No. 2013-07]
Improvements to dwellings, newly constructed dwellings, conversion of nonresidential structures to dwellings, including unutilized public buildings to dwellings, located within the Borough are eligible to receive a five-year exemption, as provided in subsection 30-4.4 upon meeting the following qualifications:
a. 
The dwelling must be 20 years or older;
b. 
All real estate taxes must be current;
c. 
The applicant must provide a Certificate of Occupancy or any other permit or approval required by the Borough; and
d. 
The applicant must submit proof of ownership. Proof submitted must be current and valid at the time of submission.
[Ord. No. 2013-07]
a. 
Exemption of Improvements to Dwellings. The improvements made to a dwelling shall be granted an exemption from taxation if they meet the criteria established in 30-4.3 of this section. In determining the value of the real property, the Borough shall regard the first $25,000 in the Assessor's full and true value of the improvements as not increasing the value of the property for a period of five years, notwithstanding that the value of the property to which the improvements are made is increased as a result of the improvements. The assessment on any property granted an exemption pursuant to this subsection 30-4.4 shall not be less than the assessment on the property existing immediately prior to the improvements, except where there is damage to the structure through action of the elements sufficient to warrant a reduction.
b. 
Exemption of New Dwellings and Conversions. An exemption shall be granted for a portion of the assessed value of the construction of new dwellings and conversions, including unutilized public buildings, to dwelling use if they meet the criteria established in subsection 30-4.3 of this section. In determining the value of the real property, the Borough shall regard 30% of the Assessor's full and true value of the dwelling constructed, or conversion alterations made, as not increasing the value of the property for a total of five years, notwithstanding that the value of the property upon which the construction or conversion occurs is increased as a result.
[Ord. No. 2013-07]
Improvements to multiple dwellings and conversions, including unutilized public buildings, to multiple dwelling use, which are included in the area in need of rehabilitation are eligible to receive a five-year exemption as provided subsection 30-4.6 of this section upon meeting the following qualifications:
a. 
All real estate taxes must be current;
b. 
The applicant must provide a Certificate of Occupancy or any other permit or approval required by the Borough; and
c. 
The construction of any improvements to, and the operation of, any multiple dwelling must be in compliance with any and all applicable Federal, State and local health and safety codes and regulations.
[Ord. No. 2013-07]
An exemption shall be granted from taxation of improvements made to multiple dwellings and conversions, including unutilized public buildings to multiple dwelling use, if they meet the criteria established in subsection 30-4.5 of this section. In determining the value of the real property, the Borough shall regard the Assessor's full and true value of the improvements or conversion alterations as not increasing the value of the property for a period of five years, notwithstanding that the value of the property to which the improvements or conversion alterations are made is increased as a result of the improvements. The assessment on any property granted an exemption pursuant to this subsection 30-4.6 shall not be less than the assessment on the property existing immediately prior to the improvements or conversion alterations, except where there is damage to the multiple dwelling through action of the elements sufficient to warrant a reduction.
[Ord. No. 2013-07]
Improvements to commercial and industrial structures that are located within the area in need of rehabilitation are eligible to receive a five-year exemption as provided herein upon meeting the following qualifications:
a. 
All real estate taxes must be current;
b. 
The applicant must provide a Certificate of Occupancy or any other permit or approval required by the Borough; and
c. 
The construction and the operation of the commercial and industrial structure, must be in compliance with any and all applicable Federal, State and local health and safety codes and regulations.
[Ord. No. 2013-07]
An exemption shall be granted from taxation of improvements made to commercial and industrial structures if they meet the criteria established in subsection 30-4.7 of this section. In determining the value of the real property, the Borough shall regard the Assessor's full and true value of the improvements as not increasing the value of the property for a period of five years, notwithstanding that the value of the property to which the improvements are made is increased. The assessment on any property granted an exemption pursuant to this subsection 30-4.8 shall not be less than the assessment on the property existing immediately prior to the improvements or conversion, except where there is damage to the structure through action of the elements sufficient to warrant a reduction.
[Ord. No. 2013-07]
No exemption shall be granted pursuant to subsections 30-4.4, 30-4.6 and 30-4.8 of this section except upon written application therefor filed with and approved by the Assessor. Every application shall be on a form prescribed by the Director of the Division of Taxation in the Department of the Treasury, and provided for the use of parties seeking exemptions, or exemptions by the Governing Body of the Borough. All applications pursuant to subsections 30-4.4, 30-4.6 and 30-4.8 of this section shall be filed with the Assessor within 30 days, including Saturdays and Sundays, following the completion of the improvement, conversion alteration or construction. Every such application for exemption which is filed within the time specified and prior to the termination date shall be approved and allowed by the Assessor provided that the application is consistent with the provisions of this section, as applicable, and provided that the improvement, conversion alteration or construction for which the application is made qualifies as an improvement, a conversion alteration or construction pursuant to the provisions of Act and this section.
The Assessor shall approve or deny applications for exemptions pursuant to subsections 30-4.4, 30-4.6 and 30-4.8 of this section within 45 days of receipt of a timely and completed application. Incomplete applications shall be returned to the applicant with notice of any deficiencies and/or missing information or documentation. Any such application that is returned to the applicant for correction or the provision of further information must be resubmitted to the Assessor within 20 days of receipt by the applicant. Returned applications are deemed to be received by the applicant within three days of mailing. Any returned application that is not resubmitted to the Assessor within the required period shall be deemed denied.
[Ord. No. 2013-07]
The Borough Council may approve and enter into tax agreements for the exemption from taxation for projects that are located in the area in need of rehabilitation pursuant to subsections 30-4.11, 30-4.12 and 30-4.13 upon meeting the following qualifications:
a. 
All real estate taxes must be current;
b. 
The applicant must provide a Certificate of Occupancy or any other permit or approval required by the Borough; and
c. 
The construction and the operation of the project must be in compliance with any and all applicable Federal, State and local health and safety codes and regulations; and
d. 
An approved redevelopment agreement between the property owner and the Borough.
[Ord. No. 2013-07]
In addition to the application form provided by the Director of the Division of Taxation, applications for tax exemptions for projects shall include the following:
a. 
A general description of the project for which an exemption is sought;
b. 
A legal description of all real estate necessary for the project;
c. 
Plans, drawings and other documents to demonstrate the structure and design of the project;
d. 
A description of the number, classes and type of employees to be employed at the project site within two years of completion of the project;
e. 
A statement of the reasons for seeking tax exemption on the project, and a description of the benefits to be realized by the applicant if an exemption is granted;
f. 
Estimates of the cost of constructing the project;
g. 
A statement indicating which of the formulas the applicant proposes to be used to calculate the payments in lieu of full property taxes, as authorized by Section 10 of the Act (C. 40A:21-10);
h. 
A statement showing (1) the real property taxes currently being assessed at the project site; (2) estimated payments that would be made annually by the applicant on the project during the period of the tax agreement, and (3) estimated tax payments that would be made by the applicant on the project during the first full year following the termination of the tax agreement;
i. 
If the project is a commercial or industrial structure, a description of any and all lease agreements between the applicant and proposed users of the project, and a history and description of the users' businesses;
j. 
If the project is a multiple 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 any dwelling units respecting low- or moderate-income housing;
k. 
A schedule of the estimated completion date of the project; and
l. 
Such other pertinent information as may be required by the Borough.
[Ord. No. 2013-07]
Applications for tax agreements for exemption of projects shall be filed prior to commencement of the project and prior to the termination date and shall be approved or denied by ordinance of the Borough Council. Prior to consideration by the Borough Council for approval, all applications shall be reviewed by the following Borough officials:
a. 
Development Review. Upon receipt of an application, the Development Officer shall conduct a complete review of the proposed project and/or subject property. The review shall take into consideration the property and appropriateness and adequacy of the description(s), plan(s) and estimate(s) submitted, the degree to which the project and/or property complies with the Borough's development goals as expressed in the master plan, Zoning Ordinance, redevelopment plans and rehabilitation plans, as applicable. Upon completion of the review, the Development Officer shall submit a recommendation for approval or disapproval of the application to the Borough Attorney. The recommendation shall include any changes to the project and/or subject property that may be deemed necessary by the Development Officer, as well as any analysis performed or relied upon.
b. 
Financial Review. Upon receipt of an application, the Chief Financial Officer shall conduct a financial review of the application including a cost and benefit analysis of the proposed project and/or improvements subject to the application.
Upon completion of the review, the Chief Financial Officer shall submit a recommendation for approval or disapproval of the application to the Borough Attorney. The recommendation shall include any analysis performed or relied upon by the Chief Financial Officer.
c. 
Legal Review. Upon receipt of an application, the Borough Attorney or other designated counsel shall conduct a review as to the form and legality of the application. In addition, the Borough Attorney shall obtain written certifications from Borough officials as necessary to substantiate the information contained in an application.
The Borough Attorney shall make a determination as to the propriety of an application. Applications shall be deemed proper in those cases where they are presented in the proper form, satisfy the requirements of this section and all other applicable statutes and ordinances, and for which no delinquency has been reported regarding any payments due to the Borough as certified by the Tax Collector or other municipal officials.
Where an application is deemed to be complete and conforming pursuant the requirements of this section, the Borough Attorney shall prepare an ordinance in the form necessary to authorize the exemption and shall prepare the form of the tax agreement. All tax agreements shall be in the form filed with the Clerk at the time of adoption of this section. The ordinance shall be signed by the Borough Attorney as to form and legality and submitted, together with the form of the tax agreement, the full application, and the recommendation of the Chief Financial Officer and the Development Officer, to the Business Administrator for his/her consideration.
In those cases where an application is deemed improper, the Borough Attorney shall prepare correspondence outlining those aspects of the application found to be deficient and shall forward that correspondence, together with the application and the recommendations of the Chief Financial Officer and the Development Officer to the Business Administrator for consideration.
d. 
Business Administrator Review. Upon receipt of an application and the recommendation of the Borough Attorney, the Business Administrator shall determine the action to be taken in regard to the application. When the application has been deemed proper by the Borough Attorney, the Business Administrator shall determine whether to recommend the adoption of the authorizing ordinance and its attachments by the Borough Council, or to recommend the denial of the application as not being in the best interests of the Borough. Where the application has been deemed improper by the Borough Attorney, the Business Administrator shall determine whether the deficiencies can be corrected, and if so may direct the applicant and/or the appropriate municipal official as to the actions required. If the deficiencies cannot be corrected or if the application is deemed not in the best interests of the Borough, the Business Administrator may recommend the denial of the application.
In those cases where the Business Administrator affords the applicant the opportunity to correct certain deficiencies, the application may be reconsidered after submission of the corrected application to the Assessor, after which the process outlined in this subsection 30-4.12d shall be followed again.
In those cases where the Business Administrator has recommended the denial of an application without condition and where such formal action to deny an application has been taken by the Borough Council, the application may only be reconsidered by reapplication to the Assessor, which application shall be treated in its entirety as a new application.
Notwithstanding any provision to the contrary herein, the recommendation of the Business Administrator to the Borough Council, whether for approval or denial, shall occur within 120 calendar days after the date of the receipt of a complete application.
e. 
Form of Tax Agreement. The tax agreement shall include the identification of the affected property by the tax map designation and street address, the nature and scope of the structure to be constructed thereon, the formula for computing payments in lieu of taxes, the duration of the agreement and the grounds for termination. The tax agreement shall require timely payment of any and all municipal taxes, fees and charges arising from or related to a property granted an exemption.
The tax agreement shall in all cases further provide that any change made in the ownership of the project or which would materially change the terms of the tax agreement shall be deemed a material breach of the agreement, which shall be cause for termination of the tax agreement. The tax agreement shall provide that the failure to make payments in lieu of taxes as required or to comply with any provision, term or condition of the agreement shall be grounds for the Borough to terminate the tax agreement, and/or to exercise such other remedies as may be provided by statute, this section or the tax agreement.
f. 
Payment in Lieu of Taxes. All owners of projects subject to exemption pursuant to the approval and execution of a tax agreement shall be charged and obligated to make payments in lieu of full property taxes of an annual amount computed by one of the formulas authorized by Section 10 of the Act (C.40A:21-10).
g. 
Execution of Tax Agreement. Upon adoption of an ordinance by the Borough Council authorizing the Borough to enter into a tax agreement, the Clerk shall insure that the tax agreement is circulated to the appropriate persons or entities for execution. No tax agreement shall be considered to be in force and effect unless and until it has been signed by the applicant and the Mayor of the Borough, after which it shall be dated and certified by the Clerk by her/his signature and the affixing of the Borough seal.
h. 
Distribution of Executed Agreements. Once a tax agreement has been fully executed, the Clerk shall distribute executed copies thereof to the applicant, the Assessor, the Construction Code Official, the Business Administrator and the Borough Attorney. The Clerk shall retain one executed copy which shall be placed on permanent file within her/his office and made available for examination pursuant to the Open Public Records Act (C. 47:1A-1 et seq.).
[Ord. No. 2013-07]
a. 
Duration of Tax Agreement; Termination. All tax agreements authorized pursuant to this section shall be in effect for five full years next following the date of completion of the project.
If the owner of a property that is subject to a tax agreement pursuant to this section ceases to operate or disposes of the property without prior approval of the Borough Council, or fails to meet the conditions for qualifying for exemption, then the taxes which would have otherwise been assessed and payable for each year during which the tax agreement was in effect shall become due and payable as if no exemption had been granted. In the event a property owner fails to meet the qualifications and conditions for exemption, the Assessor, on behalf of the Borough, shall provide notice of such act or omission to the property owner and the Tax Collector. Within 15 days of the notice from the Assessor, the Tax Collector shall provide notice to the property owner of the amount of the real estate taxes that are due.
Where it is determined that a new owner of a project or property will continue to use the project or property pursuant to the conditions which qualified the project or property for exemption, no tax shall be due, the exemption shall continue, and the tax agreement shall remain in effect in accordance with its terms.
Upon the termination of a tax agreement, a project shall be subject to all applicable real property taxes, as provided by general laws.
b. 
Conformance with Other Laws. All projects subject to tax agreements as provided herein shall be subject to all applicable Federal, State and local laws and regulations on pollution control, worker safety, discrimination in employment, housing provision, zoning, planning and building code requirements.
c. 
Filing of Tax Agreement. Within 30 days after the execution of a tax agreement the Clerk shall file a copy with the Director of the Division of Local Government Services within the New Jersey Department of Community Affairs.
[Ord. No. 2013-07]
This section shall go into effect upon approval by the Borough Council in accordance with applicable law and shall remain in effect until the termination date. Notwithstanding the foregoing, the Borough Council may, in its discretion, renew this section for an additional term not to exceed two years, if at least 20% of the eligible tax base of the Borough has applied for or utilized the provisions of this section. If such a renewal is approved by the Borough Council, the final date on which applications may be submitted under this section, as renewed, shall be the termination date. All applications for exemptions under this section must be submitted by the termination date. Any applications received after the termination date shall not be eligible for exemption.
[Ord. No. 2013-07]
The effective date of an exemption granted pursuant to this section shall relate back to, and take effect as of, the date of completion of the improvement, conversion alteration or construction of property for which the exemption is granted, and shall continue for five annual periods from that date. The grant of the exemption or tax agreement shall be recorded and made a permanent part of the official tax records of the Borough, which record shall contain a notice of the termination date thereof.
[Ord. No. 2013-07]
The Assessor shall determine, on October 1 of the year following the date of the completion of an improvement, conversion or construction, the true taxable value thereof. Except for projects subject to tax agreements pursuant to this section, the amount of the taxes to be paid for the tax year in which the improvement, conversion or construction of a property is completed shall be based on the assessed valuation of the property for the current tax year, and pro rated, plus any portion of the assessed valuation of the improvement, conversion or construction not allowed an exemption pursuant to this section, also pro rated. Except as otherwise provided, the property shall continue to be treated in the appropriate manner for each of the four tax years subsequent to the original determination by the Assessor and shall be pro rated for the final tax year in which the exemption expires.
[Ord. No. 2013-07]
No exemption shall be granted, or tax agreement entered into, pursuant to the Act with respect to any property for which property taxes are delinquent or remain unpaid, or for which penalties for nonpayment of taxes are due.
[Ord. No. 2013-07]
The exemption of real property taxes provided by the Borough pursuant to this section shall apply to property taxes levied for municipal purposes, school purposes, County government purposes and for the purposes of funding any other property tax exemptions.
[Ord. No. 2013-07]
The Borough shall include a notice in the mailing of the annual property tax bills to each owner of the properties where exemptions are authorized pursuant to this section, advising such property owners of same before the end of the first year following adoption of this section.
[Ord. No. 2013-07]
Any property granted an exemption pursuant to this section shall be subject to an inspection by the Borough on an annual basis to ensure that the property is in compliance with all applicable ordinances, regulations and codes of the Borough. Any property which is determined to be in violation of any ordinance, regulation or code governing health and safety standards, shall be subject to penalties and fines, as applicable, or any other remedial action permitted by State statute, including termination of any exemption.
[Ord. No. 2013-07]
If any provision of this section is legally invalid or is hereafter found to be legally invalid, the remainder of the section shall remain in full force and effect.
[Ord. No. 2013-07]
Nothing contained in this section shall be so construed as to limit or deprive the Borough of any rights or privileges which are now or in the future conferred on the Borough by State statute or Federal laws.
[Ord. No. 2013-07]
All prior ordinances or parts of prior ordinances inconsistent herewith are hereby repealed.