[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; amended 7-12-2021 by Ord. No. 21-06]
a.
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.
b.
No exemption shall be granted for any adult recreational cannabis-related
uses and the Borough shall make all efforts necessary to insure that
any and all municipal excise taxes are duly authorized and/or enforced
as provided by the New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act.[1]
[1]
Editor's Note: See N.J.S.A. 24:6I-50 et seq.
[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.
