[Ord. No. 3251]
The Township of Belleville may enter into agreements with applicants
for tax abatement on residential, commercial, industrial and charter
school projects which satisfy the requirements hereinafter set forth.
The agreement shall provide for an abatement from real property taxation
on these projects for a period of not more than five years. During
such five-year period, the agreement shall provide for payments to
the Township of Belleville in lieu of full property taxes, which payment
shall be calculated as set forth hereinafter in this ordinance. Applications
for abatement from taxation may be filed to take effect for the first
full year commencing after the tax year in which the authorizing ordinance
is adopted (Adopted October 12, 2010, by Ord. No. 3251), and upon
completion of the project for tax years thereafter as set forth in
P.L. 1991, c. 441 (N.J.S.A. 40A:21-1, et seq.). No application for
tax abatement shall be filed for an abatement beyond five years unless
this ordinance is readopted by the Governing Body of the Township
of Belleville.
[Ord. No. 3251]
To be considered for tax abatement a new or rehabilitated residential
use, or commercial, charter school, industrial structure must contain
a minimum of 5,000 square feet of floor space for nonresidential use.
An enlargement of an existing commercial or industrial structure must
be more than 30% of the existing volume of the structure as defined
in N.J.S.A. 40A:21-3g. Tax abatement can be granted for all residential
types involving new construction of dwellings, conversion or conversion
alteration into a dwelling unit, and improvement to an existing dwelling.
[Ord. No. 3251]
A preliminary application is required to be filed with the Township
Tax Assessor, with a copy to the Township Governing Body, prior to
the issuance of a construction permit for the project. No construction
permit shall be issued to an applicant seeking tax abatement until
such time as the preliminary application has been filed in accordance
with the Township ordinance requirements and the Construction Office
advised of the same in writing by the Township Tax Assessor. If a
preliminary application is not filed, said property will not be eligible
for tax abatement.
[Ord. No. 3251]
In the event a construction permit is not issued within one
year from the date the preliminary application is filed, the preliminary
application shall be deemed null and void.
[Ord. No. 3251]
Upon the filing of a preliminary application, the Township Tax
Assessor will review said application to determine if it meets the
requirements of the Township ordinance for abatement and a tax abatement
agreement. The Tax Assessor shall provide this determination to the
Township Governing Body within 60 days of receipt of a properly completed
preliminary application. In the event the Tax Assessor determines
that the application meets the ordinance requirements, then the Township
Governing Body shall adopt an ordinance authorizing a tax abatement
agreement with the applicant, subject to the following conditions:
a.
That the applicant shall file a final application for tax abatement
with the Tax Assessor in the form prescribed, within 30 days, including
Saturdays and Sundays, following completion of construction. A copy
of the final application shall also be filed with the Governing Body
of the Township.
b.
The completed construction shall be in accordance with the original
Township approvals on which the tax abatement agreement was initially
authorized based on the preliminary application.
c.
The applicant has continued to meet the requirements of the Township
ordinance for tax abatement.
|
Every properly completed final application for tax abatement
shall be evaluated for approval by the Township Tax Assessor within
30 days of filing. The Tax Assessor shall notify the Governing Body
in writing of the approval determination. Upon receipt of the written
approval from the Township Tax Assessor, the appropriate Township
officials shall then proceed to execute the tax abatement agreement
previously authorized by the specific ordinance adopted as part of
the preliminary application approval process. The applicant shall
be required to sign this tax abatement agreement prior to the Township
signatories.
|
[Ord. No. 3251]
Separate applications must be filed for each building involved
in phased projects.
[Ord. No. 3251]
In the event the use listed on the preliminary application is
changed subsequent to the issuance of the construction permit for
the project, the Governing Body shall adopt an ordinance authorizing
a tax abatement with the applicant provided that the use is of a type
listed as a qualifying project, that the applicant has submitted a
revised preliminary application listing the use, and that the Township
Tax Assessor determines that the revised preliminary application meets
the requirements of this ordinance.
[Ord. No. 3251]
The preliminary and final application must be on a form prescribed
by the Township Tax Assessor and by the Director of the Division of
Taxation in the Department of Treasury, and shall provide the following
information:
a.
A general description of this project for which abatement is sought;
b.
A legal description of all real estate necessary for the project;
c.
Plans and drawings including a site layout on the total lot area,
and other documents as may be required by the Governing Body to demonstrate
the structure and design of the project;
d.
A description for non-residential uses of the number, classes, types
of employees and average estimated wages and salaries by employee
class, to be employed at the project site within two years of the
completion of the project. For residential uses, number of dwelling
units and number of bedrooms;
e.
A statement of the reasons for seeking tax abatement on the project,
and a description of the benefits to be realized by the application
if tax abatement is granted;
f.
Estimates of the cost of completing such project;
g.
A statement showing (1) the real property taxes currently being assessed
at the project site; (2) estimated tax payments that would be made
annually by the applicant on the project during the period of tax
abatement; and (3) estimated tax payments that would be made by the
applicant on the project during the first year following the termination
of the tax abatement agreement;
h.
A description of any lease agreements between the applicant and proposed
users of the project, and a history and description of the user's
business;
i.
Proof of payment of taxes through the current quarter;
j.
Other pertinent data regarding the relationship, agreements and status
of other properties owned by the applicant within the Township of
Belleville; and
k.
Such other pertinent information as the Governing Body may require.
[Ord. No. 3251]
The residential, non-residential project/uses will be considered
for tax abatement by the Township of Belleville in areas designated
for rehabilitation or redevelopment. An authorized charter school
is eligible for tax abatement on any property in Belleville Township
approved for its use.
[Ord. No. 3251]
All tax abatement agreements must be authorized by a separate
ordinance for each application.
[Ord. No. 3251]
A tax abatement agreement shall provide for the applicant to
pay to the Township in lieu of full property tax payments an amount
annually to be computed by the following formula:
Tax phase-in basis - The applicant must pay to the Township
in lieu of full property tax payments an amount equal to the percentage
of taxes otherwise due, according to the following schedule:
a.
In the first full tax year from date of completion, no payment in
lieu of taxes unless otherwise due;
b.
In the second tax year from date of completion, an amount not less
than 20% of taxes otherwise due;
c.
In the third tax year from date of completion, an amount not less
than 40% of taxes otherwise due;
d.
In the fourth tax year from date of completion, an amount not less
than 60% of taxes otherwise due;
e.
In the fifth tax year from date of completion, an amount not less
than 80% of taxes otherwise due.
[Ord. No. 3251]
All tax agreements entered into by virtue of this ordinance
shall be in effect for no more than five full tax years from the date
of completion of the project. Within 30 days of the execution of a
tax abatement agreement, the Township shall forward a copy of said
agreement to the Director of the Division of Local Government Services
in the Department of Community Affairs.
[Ord. No. 3251]
No exemption or abatement shall be granted, or tax agreement
entered into, with respect to any property for which property taxes
are delinquent to remain unpaid, or for which penalties for nonpayment
of taxes are due.
[Ord. No. 3251]
If during any tax year prior to the termination of the tax agreement,
the property owner ceases to operate or disposes of the property,
or fails to meet the conditions for qualifying, then the tax which
would have otherwise been payable for each tax year shall become due
and payable from the property owner as if no abatement has been granted.
The Township Governing Body shall notify the property owner and the
Tax Collector of the disqualification, and upon such notice, the Tax
Collector shall, within 15 days thereof, notify the owner of the property
of the taxes due and payable to the Township. With respect to the
disposal of property, where it is determined that the new owner of
the property will continue to use the property pursuant to the conditions
which qualified the property for tax abatement, no tax shall be due,
the abatement shall continue and the agreement shall remain in effect.
At termination of the tax abatement agreement, the property
shall be subject to all applicable real property taxes, as provided
by law; but nothing herein shall prohibit a project, at the termination
of an agreement, from qualifying for and receiving full benefits of
any other tax preferences provided by law.
[Ord. No. 3251]
As used in this ordinance, the following definitions shall apply:
Shall mean the officer of the Township of Belleville charged
with the duty of assessing real property for the purpose of general
taxation.
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 Governing Body determines will tend to maintain
or provide gainful employment within the municipality, to 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. The property that the business is
using 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.
Shall mean substantially ready for the intended use for which
a building or structure is constructed, improved or converted.
Shall mean the rehabilitation of an existing residential
unit and development of a new residential unit. The new development
or rehabilitation of a commercial, industrial structure or charter
school or enlargement by more than 30%, but shall not mean the conversion
of an existing building or structure to another use.
Shall mean residential, commercial, industrial or charter
school construction involving multiple structures that are built separately.
[Ord. No. 3251]
An application filing fee of $800 shall be paid by the applicant
at the time of filing the preliminary application. The application
fee will provide for the administrative services to be undertaken
by the Township Tax Assessor, or any other Township official, in order
to render a determination on the applicant's eligibility for
a tax abatement. The filing fee shall cover the cost for both preliminary
application and final application review and determination process.
