This article shall be known as the "Harborcreek Township Comprehensive
Real Property Tax Abatement Ordinance".
As used in this article, the following terms shall have the
meanings indicated:
DETERIORATED PROPERTY, NONRESIDENTIAL
Any commercial or business property owned by an individual,
association or corporation, or like entity located in an investment
opportunity zone, as defined in this article, or any such property,
other than industrial property within the LERTA District, which has
been the subject of an order by a government agency requiring the
unit to be vacated, condemned, or demolished by reason of noncompliance
with laws, ordinances, or regulations.
[Amended 1-8-2014 by Ord.
No. 2010-201-2]
DETERIORATED PROPERTY, RESIDENTIAL
A dwelling unit located in an investment opportunity zone,
as hereinafter defined, or a dwelling unit which has been or upon
request is certified by a health, housing or building inspection agency
as unfit for human habitation for rent withholding or other health
or welfare purposes or has been the subject of an order by such an
agency requiring the unit to be vacated, condemned or demolished by
reason of noncompliance with laws, ordinances or regulations.
DWELLING UNIT
A house, double house or duplex, townhouse or row house,
apartment, condominium or any building intended for occupancy as living
quarters by an individual, a family or families or other groups of
persons, which living quarters contain a kitchen or other cooking
equipment for the exclusive use of the occupant or occupants.
GROWTH BOUNDARY AREA
Refers to a geographical area within the Township, specifically
described hereafter, affording real estate tax abatement for new residential
construction and improvements and new nonresidential construction
and improvements and being one of the investment opportunity zones
defined hereafter.
IMPROVEMENT
Repair, construction or reconstruction, including alterations
and additions, having the effect of rehabilitation of a deteriorated
property, either commercial, business, industrial or residential,
so that its assessed value increases more than $25,000, and one of
the following: it becomes habitable or attains higher standards of
safety, health, economic use or amenity, or is brought into compliance
with laws, ordinances or regulations governing such standards, or
is new residential construction in an investment opportunity zone.
Ordinary upkeep and maintenance shall not be deemed an improvement.
[Amended 1-8-2014 by Ord.
No. 2010-201-2]
INVESTMENT OPPORTUNITY ZONE
The areas described herein which are determined by Harborcreek Township to be deteriorated and eligible for tax exemption under Act 76 of 1977, "Local Economic Revitalization Tax Assistance Act," 72 P.S. § 4722 et seq., and Act 42 of 1977, "Improvement of Deteriorating Real Property or Areas Tax Exemption Act," 72 P.S. § 4711-101 et seq., as further described in §
412-44.
NONRESIDENTIAL CONSTRUCTION
The building or erection of structures other than residential
or dwelling units upon vacant land or land specifically prepared to
receive such structures.
RESIDENTIAL CONSTRUCTION
The building or erection of dwelling units, as defined above,
upon vacant land or land specifically prepared to receive such structures.
[Amended 10-17-2012 by Ord. No. 2010-201-1; 1-8-2014 by Ord. No. 2010-201-2; 11-4-2015 by Ord. No. 2010-201-3; 9-20-2017 by Ord. No. 2010-201-4; 10-16-2019 by Ord.
No. 2010-201-5; 12-15-2021 by Ord. No. 2010-201-6; 12-15-2021 by Ord. No.
2010-201-6]
The provisions of this article and its amendments shall expire
on the 31st day of December 2021, unless extended by ordinance duly
adopted. Any applicant for tax abatement must have a building permit
to be eligible for tax abatement treatment hereunder, with that permit
having been issued on, or before, the 31st day of December, 2023.
This article and the exemptions granted herein shall not be
available to properties which are, according to the Township Board
of Supervisors, nonconforming uses.
[Amended 10-17-2012 by Ord. No. 2010-201-1]
The effective date of this article shall be January 1, 2013,
or the date of final passage of related ordinances or resolutions
by the Harbor Creek School District and the County of Erie, whichever
is the later.
All ordinances or parts thereof conflicting herewith, specifically
including Ordinance No. 84-100, Ordinance No. 84-100-1, passed in
1994, and Ordinance No. 84-100-2, passed in 1998, and Ordinance No.
84-100-3, passed in 2008, are hereby repealed.