Borough of North Plainfield, NJ
Somerset County
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[Ord. #00-05, S 1; Ord. #08-02, S 1]
The Borough of North Plainfield hereby authorizes the utilization of tax exemptions in accordance with Article VIII, Section I, paragraph 5, of the New Jersey Constitution and establishes the eligibility of residential single and multiple dwellings, and commercial and industrial structures for five year tax exemptions to the maximum degree permitted by N.J.S.A. 40A:21-1 et seq. throughout the entire municipality.
[Ord. #00-05, S 2; Ord. #08-02, S 1]
Improvements to dwellings at least 20 years old are eligible for tax exemption for a period of five years. If approved, the Borough, in determining value, shall regard the first $15,000 in the Assessor's full and true value of improvements for each dwelling unit primarily and directly affected by the improvements as not increasing the value of the property for a period of five years. This exemption is to be granted notwithstanding that the value of the property to which the improvements are made is increased thereby. The exemption shall be up to a total annual amount of $15,000 for the property for the five year period. During the exemption period, the assessment on the property shall not be less than the assessment thereon existing immediately prior to the improvements, unless there is damage to the dwelling through action of the elements sufficient to warrant a reduction.
Improvements to multiple dwelling units individually assessed, e.g., townhomes, cooperative apartments, and condominiums, at least 20 years old are eligible for tax exemption for a period of five years. If approved, the Borough, in determining value, shall regard the first $15,000 in the Assessor's full and true value of improvements for each such dwelling unit primarily and directly affected by the improvements as not increasing the value of the property for a period of five years. This exemption is to be granted notwithstanding that the value of the property to which the improvements are made is increased thereby. The exemption shall be up to a total annual amount of $15,000 for the property for the five year period. During the exemption period, the assessment on the property shall not be less than the assessment thereon existing immediately prior to the improvements, unless there is damage to the dwellings through action of the elements sufficient to warrant a reduction.[1]
[1]
Editor's Note: Pursuant to Section 4 of Ordinance No. 08-02, any improvements exemptions that are still in effect at the time of the adoption of Ordinance No. 08-02 shall be extended for the full five years.
[Ord. #00-05, S 3-4; Ord. #08-02, S 1]
Improvements to multiple dwelling buildings or complexes at least 20 years old are eligible for tax exemption for a period of five years. If approved, the Borough, in determining value, shall regard the first $15,000 in the Assessor's full and true value of the improvements made as not increasing the value of the property for a period of five years. This exemption is to be granted notwithstanding that the value of the property to which the improvements are made is increased thereby. The exemption shall be up to a total annual amount of $15,000 for the property for the five year period. During the exemption period, the assessment on the property shall not be less than the assessment existing thereon immediately prior to the improvement, unless there is damage to the multiple dwelling through action of the elements sufficient to warrant a reduction. As used in this Section, "improvements" shall not be construed to include an increase in the number of dwelling units.
[Ord. #00-05, S 5; Ord. #08-02, S 1]
Improvements to commercial and industrial structures at least 20 years old are eligible for tax exemption for a period of five years. If approved, the Borough, in determining value, 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. This exemption is granted notwithstanding that the value of the property to which the improvement is made is increased thereby. The exemption shall be up to a total annual amount of $25,000 for the property for the five year period. During the exemption period, the assessment on the property shall not be less than the assessment thereon existing immediately prior to the improvements, unless there is damage to the structure through action of the elements sufficient to warrant a reduction.
[Ord. #00-05, S 6; Ord. #08-02, SS 2,3]
a. 
Applicants for tax exemption shall provide the governing body of the Borough with an application setting forth the following information:
1. 
A general description of the project for which exemption is sought.
2. 
A legal description of all real estate necessary for the project.
3. 
Plans, drawings and other documents as may be required by the governing body to demonstrate the structure and design of the project.
4. 
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 a tax abatement is granted.
5. 
Estimates of the cost of completing such project, together with the expected method or plan of financing the improvements.
6. 
A construction time schedule and projected time schedule.
7. 
A statement showing the real property taxes currently being assessed at the project site; estimated tax payments that would be made annually by the applicant on the project during the period of the agreement; and 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, as provided by the Borough Tax Assessor.
8. 
If the project is a commercial or industrial structure, a description of any lease agreement between the applicant and proposed users of the project and history and description of the prior occupants at the location.
9. 
If the project consists of multiple dwellings, a description of the number and type of dwelling units, a description of the common elements or general common elements and a statement of the 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.
10. 
A disclosure statement of the interests of all parties, including subsidiary companies, in the property project.
11. 
The original signature of the owner as notarized, accompanied by a corporate resolution, if appropriate.
12. 
The owner's certification that the improvement as proposed meets the requirements of the redevelopment plan or Chapter 22 Land Development.
13. 
Such other pertinent information as the governing body may require on a case-by-case basis.
b. 
In addition, every applicant shall file the application form prescribed by the Director of the New Jersey Division of Taxation in the Department of Treasury, with the Tax Assessor, as a condition to approval, within 30 days, including Saturdays and Sundays, following the completion of the improvement. Every application for exemption so filed shall be approved and allowed by the Assessor to the degree that the application is consistent with the provisions of this Chapter, provided that the improvement for which the application is made, qualifies as such, pursuant to the provisions of this Chapter and the tax agreement, if any. The granting of an exemption and tax agreement, if appropriate, shall be recorded and made a permanent part of the official tax records of the taxing district, which record shall contain a notice of the termination date thereof.
c. 
No tax exemptions shall be granted for commercial and industrial structures unless approved by a resolution of the Borough Council on an individual basis after review, evaluation and approval of each applicable application. The Council shall not consider a tax exemption unless a written certification is received from the Construction Code Official indicating all such improvements are in accordance with the Uniform Construction Code and other applicable State/County/Borough laws/rules/regulations. All other available tax exemptions shall be granted and/or denied by the Tax Assessor in accordance with the provisions of this Chapter.
d. 
Every application shall be accompanied by the fees as provided for by Borough Ordinance to be paid as compensation for legal and related administrative review by the Borough.
e. 
The Assessor shall not approved or consider approval of an improvement exemption under Sections 23-2 through 23-4 until a written certification is received from the Construction Code Official indicating all such improvements are in accordance with the Uniform Construction Code, and other applicable State/County/ Borough laws/rules/regulations.
[Ord. #00-05, S 7]
An additional improvement completed with regard to a property already granted an exemption during the period in which the exemption is in effect shall be eligible for an additional exemption, up to a total annual exemption of $15,000 for the property. The additional improvement shall be considered as separate for purposes of calculating the exemption, except that the assessed value of any previous improvement shall be added to the assessed valuation as it was prior to that improvement, for the purpose of determining the assessed value of the property from which any additional exemption is to be subtracted.
[Ord. #00-05, S 8]
No exemptions 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 year, or for any property not being used in conformance with local, State or Federal ordinance, regulation or statute.
[Ord. #00-05, S 9]
Appeal of any determination made by the municipality under the terms of this Chapter shall be made to the Somerset County Board of Taxation.
[Ord. #00-05, S 10]
The Tax Collector shall include an appropriate notice of the adoption of this Chapter in the mailing of the annual property tax bills to each owner of a dwelling, multi-dwelling, commercial and industrial structure located in the Borough of North Plainfield.