[Adopted 8-10-2020 by Ord. No. 2020-6]
A. 
It is the purpose of this article and the policy of the Council of the Borough of Lewistown, in order to protect and promote the public health, safety and welfare of its citizens and residents, to promote economic development by upgrading, rehabilitating or adding to existing business and residential property and provide incentives to upgrade existing residential property in the Borough of Lewistown. This article shall be liberally construed and applied to promote its purposes and policies. In considering the adoption of this article, the Borough of Lewistown makes the findings set forth immediately hereinafter.
B. 
The Local Economic Revitalization Tax Assistance Act, 72 P.S. § 4722 et seq., as amended, authorizes local taxing authorities to exempt new construction and improvements to certain commercial and business property from taxation on a schedule for a period of no more than 10 years as adopted by the local taxing authority.
C. 
The Improvement of Deteriorating Real Property or Areas Tax Exemption Act, 72 P.S. § 4711-101 et seq., as amended, authorizes local taxing authorities to exempt improvements to certain residential properties from taxation on a schedule for a period of no more than 10 years as adopted by the local taxing authority.
D. 
After public hearing, the Borough of Lewistown finds that the following areas of the Borough should be designated as deteriorated areas, as that term is used in the Local Economic Revitalization Tax Assistance Act and the Improvement of Deteriorating Real Property or Areas Tax Exemption Act of an economically depressed community/deteriorated neighborhood, and should be subject to tax exemption on improvements to real estate:
(1) 
The entire Borough of Lewistown.
A. 
There is hereby exempted from all real property taxation assessed by the Borough of Lewistown the assessed valuation of improvements to real property in deteriorated areas of the Borough. For purposes of this article, the term "improvement" is defined as that term is defined in the Local Economic Revitalization Tax Assistance Act or the Improvement of Deteriorating Real Property or Areas Tax Exemption Act, as applicable.
B. 
The exemption authorized by this section shall be in the amounts and in accordance with the provisions and limitations herein provided.
C. 
The exemption from real estate property taxes assessed by the Borough of Lewistown shall be to that portion of the additional assessment attributable to the actual cost of improvement.
D. 
The date of improvement shall be the date of issuance of the building permit or other required notification of construction.
E. 
In all cases the exemption from taxes shall be limited to that portion of the additional assessment attributable to the improvement, and for which a separate assessment has been made by the County Board of Assessment Appeals and for which an exemption has been separately requested.
F. 
No tax exemption shall be granted if the property owner does not secure the necessary and proper permits prior to making an improvement of the property.
G. 
No tax exemption shall be granted if the entire property including any improvement as completed does not comply with the minimum standards of the codes of the Borough of Lewistown as set forth in Chapter 110, Codes.
H. 
The exemption from taxes granted under this article shall be upon the property and shall not terminate upon the sale or exchange of the property.
I. 
The exemption from taxes hereunder shall be forfeited by the applicant and/or any subsequent owner of the real estate for failure to pay nonexempt real estate taxes including real estate taxes on other properties within the Borough by their due date, i.e., the last date upon which taxes may be paid without penalty.
J. 
If an eligible property is granted tax exemption pursuant to this article, the improvement shall not, during the exemption period, be considered as a factor in assessing other properties.
A. 
The schedule of real estate taxes to be exempted for improvement to deteriorated industrial, commercial or other business property in the C-Commercial District and the M&I-Manufacturing and Industrial District shall be in accordance with the below portion of improvement to be exempted each year:
Length
Portion
1st year
100%
2nd year
100%
3rd year
100%
4th year
100%
5th year
100%
6th year
50%
7th year
40%
8th year
30%
9th year
20%
10th year
10%
After the 10th year the exemption shall terminate.
B. 
The schedule of real estate taxes to be exempted for improvement to dwelling units located in deteriorated neighborhoods and deteriorated industrial, commercial or other business property in any deteriorated area other than the C-Commercial District and the M&I-Manufacturing and Industrial District shall be in accordance with the below portion of improvement to be exempted each year:
Length
Portion
1st year
100%
2nd year
90%
3rd year
80%
4th year
70%
5th year
60%
6th year
50%
7th year
40%
8th year
30%
9th year
20%
10th year
10%
After the 10th year the exemption shall terminate.
A. 
Any person desiring tax exemption pursuant to this article should apply to the Borough of Lewistown at the time that a building permit is secured for construction of the improvement. The application must be in writing upon forms specified by the Borough setting forth the following information:
(1) 
The date the building permit was issued for said improvement;
(2) 
The location of the property to be improved;
(3) 
The nature of the property to be improved;
(4) 
The type of improvement (commercial, mixed use, or residential);
(5) 
The summary of the plan of the improvement;
(6) 
The cost of the improvement; and
(7) 
Such additional information as the Borough may require.
B. 
There shall be on the application form for a building permit the following notice: Notice to Taxpayer. Under the provisions of Chapter 225, Taxation, Article V, Exemption From Taxes on New Improvements, of the Code of Ordinances of the Borough of Lewistown you may be entitled to exemption from tax on your contemplated improvement by reassessment. An application for exemption may be secured from the Codes Office or other properly designated official of the Borough and must be filed at the time the building permit is secured.
C. 
A copy of the exemption request shall be forwarded to the County Board of Assessment Appeals by the Borough Codes Office. The Board shall determine whether the exemption shall be granted and shall, upon completion of the improvement, and notification from the City Borough Codes Office that the improvement complies with all applicable Codes, assess separately the improvement and calculate the amounts of the assessment eligible for tax exemption in accordance with the limits established by this article and notify the taxpayer and the local taxing authorities of the reassessment and amounts of the assessment eligible for exemption.
D. 
The cost of improvement to be exempted and the schedule of taxes exempted existing at the time of the initial request for tax exemption shall be applicable to that exemption request, and subsequent amendment to this article, if any, shall not apply to requests initiated prior to their adoption.