[Adopted 12-2-1997 by Ord. No. 2227 (Ch.
225, Art. II, of the 1979 Code)][1]
[1]
Editor’s Note: The provisions of this
article were readopted 11-27-2007 by Ord. No. 2517 for an additional
ten-year period.
As used in this article, the following terms
shall have the meanings indicated:
A portion or all of a municipality which has been determined
to be an area in need of rehabilitation or redevelopment pursuant
to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et
seq., a blighted area as determined pursuant to the Blighted Areas
Act, N.J.S.A 40:55-21.1 et seq.,[1] or which has been determined to be in need of rehabilitation
pursuant to N.J.S.A. 54:4-3.72 et seq., 54:4-3.95 et seq. or 54:4-3.121
et seq.[2]
The officer of a taxing district charged with the duty of
assessing real property for the purpose of general taxation.
Substantially ready for the intended use for which a building
or structure is constructed, improved or converted.
A property created or recorded as a condominium pursuant
to the Condominium Act, N.J.S.A 46:8B-1 et seq.
The provision of a commercial or industrial structure or
the enlargement of the volume of an existing commercial or industrial
structure by more than 30%, but shall not mean the conversion of an
existing building or structure to another use.
A housing corporation or association wherein the holder of
a share or membership interest thereof is entitled to possess and
occupy, for dwelling purposes, a house, apartment or other unit of
housing owned by the corporation or association or to purchase a unit
of housing owned by the corporation or association.
A building or part of a building used, to be used or held
for use of a home or residence, including an accessory building located
on the same premises, together with the land upon which the building
or buildings are erected, and which may be necessary for the fair
enjoyment thereof, but shall not mean any building or part of a building
defined as a "multiple dwelling" pursuant to the Hotel and Multiple
Dwelling Law, N.J.S.A. 55:12A-1 et seq. A dwelling shall include,
as they are separately conveyed to individual owners, individual residences
within a cooperative, if purchased separately by the occupants thereof,
and individual residences within a horizontal property or regime or
a condominium, but shall not include general common elements or common
elements or such horizontal property regime or condominium as defined
pursuant to the Horizontal Property Act, N.J.S.A. 46:8A-1 et seq.,
or the Condominium Act, N.J.S.A. 46:8B-1 et seq., or the cooperative,
if the residential units are owned separately.
That portion of the assessor's full and true value of any
improvement conversion, alteration or construction not regarded as
increasing the taxable value of a property pursuant to this article.
A property submitted to a horizontal property regime pursuant
to the Horizontal Property Act, N.J.S.A. 46:8A-1 et seq.
A modernization, rehabilitation, renovation, alteration or
repair which produces a physical change in an existing building or
structure that improves the safety, sanitation, decency or attractiveness
of the building or structure as a place for human habitation and which
does not change its permitted use. In the case of a commercial or
industrial structure, it shall not include ordinary painting, repairs
and replacement of maintenance items or an enlargement of the volume
of an existing structure by more than 30%. In no case shall it include
repair of fire or other damage to a property for which payment of
a claim was received by any person from an insurance company at any
time during the three-year period immediately preceding the filing
of an application pursuant to this article.
A building or structure meeting the definition of multiple
dwelling set forth in the Hotel and Multiple Dwelling Law, P.L. 1967,
c. 76 (N.J.S.A. 55:13A-1 et seq.), and means for the purpose of improvement
or construction the general common elements and common elements of
a condominium, a cooperative or a horizontal property regime.
The entire City of Garfield is hereby designated
as an area in need of rehabilitation and in which one- and two-family
dwelling units may be eligible for tax exemption pursuant to this
article.
No exemption shall be granted pursuant to this
article with respect to any property for which property taxes are
delinquent or remain unpaid or for which penalties for nonpayment
of taxes are due.
A.
The following procedure shall govern applications
for tax exemptions for improvements with the City of Garfield:
(1)
An application for an exemption for improvements as
set forth in this article shall be made to the Assessor upon a form
approved by the Mayor and Council and the Assessor.
(2)
Every application for exemption shall be filed with
the Assessor within 30 days, including Saturdays and Sundays, following
the completion of the improvement conversion, alteration or construction.
(3)
Every application for exemption, which is filed within
the time specified, shall be approved and allowed by the Assessor
to the degree that the application is consistent with the provisions
of this article, provided that the improvement qualifies as an improvement
pursuant to the provisions of N.J.S.A. 40A:21-1 et seq.
B.
The granting of an exemption shall be recorded and
made a part of the official tax records of the taxing district, which
records shall contain a notice of the termination date thereof.
Applicants for tax exemption on multiple dwelling
structures shall provide to the Assessor an application setting forth:
A.
A general description of the property for which the
exemption is sought.
B.
The legal description of all real estate necessary
for the property.
C.
Plans, drawings and other documents as may be required
by the Assessor to demonstrate the structure and design of the property.
D.
Estimates of the cost of completing such property.
E.
A statement showing:
(1)
The real estate property taxes currently being assessed
at the property.
(2)
The estimate tax payments that would be made annually
by the applicant on the property during the period of tax exemption.
(3)
The estimate tax payments that would be made by the
applicant on the property during the first full year following the
termination of the tax exemption.
F.
A description of any lease agreements that would be
made by the applicant on the property during the first full year following
the termination of the tax exemption.
G.
Such other pertinent information as the Assessor may
require.
A.
Exemptions from taxation for improvements to multiple-dwelling
structures may be granted upon review, evaluation and approval of
each application on an individual basis by the Assessor of the City
of Garfield. The authority of the Assessor to grant said exemption,
however, shall be limited to improvements to the property up to a
maximum improvement of $100,000. For improvements in excess of $100,000,
said exemptions shall only be granted upon review, evaluation and
approval of each application by the governing body.
B.
In determining the value of the property, the City
of Garfield shall regard up to the Assessor's full and true value
of the improvements as only increasing the value of the property for
a period of five years upon the following schedule, notwithstanding
that the value of the property to which the improvements are made
is increased thereby:
C.
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.
The Assessor shall determine, on October 1 of
the year following the date of the completion of an improvement, the
true taxable value thereof. The amount of tax to be paid for the first
full tax year following completion shall be based on the assessed
valuation of the improvement not allowed an exemption pursuant to
this article. The property shall continue to be treated in the appropriate
manner for each of the five full years subsequent to the original
determination of the Assessor.
No exemption shall be granted pursuant to this
article, except upon written application therefor filed with and approved
by the Assessor. Every application shall be on a form prescribed by
the Director of the Division of Taxation in the Department of the
Treasury and provided for the use of claimants by the City of Garfield
and shall be filed with the Assessor within 30 days, including Saturdays
and Sundays, following the completion of the improvements. Every application
for exemption or abatement which is filed within the time specified
shall be approved and allowed by the Assessor to the degree that the
application is consistent with the provisions of this article, provided
that the improvement for which the application is made qualifies as
an improvement pursuant to the provisions of N.J.S.A. 40A:21-1 et
seq. The granting of an exemption 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.
Pursuant to N.J.S.A. 40A:21-20, notice of the
adoption of this article shall be included in the mailing of annual
property tax bills to each owner of a property located in the City
of Garfield during the first year following adoption of this article.
Any such exemption authorized pursuant to this
article shall be approved and determined in accordance with the provisions
of N.J.S.A. 40A:21-1 et seq. and any applicable rules and regulations
promulgated by the Commissioner of the Department of Community Affairs.
