[Adopted 11-21-1989 as Bill No. 89-1]
A manufacturer's tax credit is hereby established
for Caroline County, Maryland, as authorized by the Tax-Property Article
of the Annotated Code of Maryland, for the purpose of promoting expansion
and development and improving the local economy.
Manufacturing, fabricating and assembling facilities
are eligible to receive the tax credit. Eligible applicants who fully
meet and comply with the criteria and conditions referred to and set
forth in this Article shall be granted a mandatory tax credit.
The tax credit shall be equal to 100% of the
real property tax attributable to the increased assessable value of
facility expansion or new construction for a period of five consecutive
years, contingent upon annual recertification.
Notwithstanding any other provisions of this
Article, the credit shall be granted only if all the following conditions
are met:
A.
The assessed value of the expansion or new construction
shall be greater than $50,000.
B.
The applicant, by reason of said expansion or new
construction, creates at least 15 additional full-time positions and
hires at least 15 additional full-time employees to work at the facility
location where the expansion or new construction has taken place,
as described in the application for credit. In the event that an applicant
relocates an existing business from one place in Caroline County to
another place in Caroline County, relocated employees cannot be counted
as additional employees, even if the nature of manufacture changes.
C.
The 15 additional employees shall each receive at
least the current federal mandatory minimum wage, to be substantiated
by the amount of annual aggregate payroll for these employees.
D.
The employer shall have in place a basic employee
benefit plan including medical insurance, provision for leave and
pension for all full-time employees.
A.
An application for tax credit must be filed with the
County Commissioners by the owner of the property or the owner's authorized
representative. An applicant must, within one year of placement of
the expanded or newly constructed facility on the Caroline County
tax roll prepared by the Maryland Department of Assessments and Taxation,
both meet the requirements of this Article for the granting of a credit
and file the necessary application with the Commissioners. An application
will not be considered filed until all requested information has been
supplied. The Commissioners shall expeditiously approve or deny filed
applications, and approval shall constitute granting of the credit.
B.
All applications shall be on a form supplied by the
County Commissioners. The information furnished on the application
shall be given under oath and shall include a statement that, to the
best knowledge, information and belief of the applicant, the requirements
of this Article will continue to be met throughout the period for
which credit is sought.
C.
The application for a credit on leased property shall
be executed by the lessor and by the lessee and shall be accompanied
by an affidavit or other proof acceptable to the County Commissioners
that the lessee, pursuant to the terms of the lease, is liable for
Caroline County real property taxes.
The five-year tax credit eligibility period
shall be effective upon placement of the expanded or newly constructed
property on the County tax roll and upon verification that the requirements
for receiving the credit have been met. Taxes already paid shall not
be refunded. Under no circumstances shall tax credits be extended
or renewed beyond five years for the same expansion or new construction.
The tax credit recipient must, during the life
of the credit, annually certify, in writing, that the requirements
for the grant of the credit continue to be met. The certification
must be received by the County Commissioners between May 1 and October
1 each year. In the absence of such certification, the credit will
immediately cease. Any tax interest or penalty charges due as a result
of application denial may be determined by the County Commissioners
to be the liability of the applicant.
The credits granted hereunder shall be transferrable
with a change of ownership to another manufacturer, who shall immediately
become responsible for compliance with the requirements of this Article.
The County Commissioners reserve the right to
deny or postpone approval of an application if the applicant, or lessee
in the case of leased property, is in default on payment of any Caroline
County taxes or tax penalties, or State of Maryland taxes or tax penalties
of which Caroline County receives a portion.
A.
This credit shall be the only Caroline County manufacturer's
real property tax credit available to applicants whose expanded or
newly constructed property is first placed on the County tax roll
on or after July 1, 1990. This Article entirely supersedes the ordinance
providing certain property tax credits for certain manufacturers adopted
March 11, 1980, which ordinance shall not be applicable to such applications.
