[HISTORY: Adopted by the Township Committee
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-21-1986 by Ord. No. 13-86 (Ch.
25 of the Revised General Ordinances)]
The Township of Washington hereby acknowledges
having been duly designated as a qualified municipality pursuant to
P.L. 1975, c. 104, as amended.[1]
[1]
Editor's Note: See N.J.S.A. 54:4-3.72 et seq.
The following described area of the Township
of Washington is hereby designated as the area in which residential
buildings may be eligible for tax exemption pursuant to P.L. 1975,
c. 104, as amended: Block 28, Lots 26 - 33; Block 33, Lots 45 - 49;
Block 34, Lots 50 - 54; Block 35, Lots 14 - 19.
All housing units which are in buildings at
least 20 years old and which are otherwise eligible for tax exemption
pursuant to P.L. 1975, c. 104, as amended, the regulations duly promulgated
pursuant hereto and this article, shall have exempt from taxation
the first $10,000 of otherwise taxable improvements for a period of
five years following completion of such improvements.
No exemption of improvements from taxation shall
be allowed except pursuant to statute and duly promulgated regulations
of the Department of Community Affairs and the Division of Taxation.
The Tax Assessor of the Township of Washington
shall implement P.L. 1975, c. 104, as amended, in the Township of
Washington and shall accept and receive applications for exemption
of improvements from taxation and shall record such applications and
retain them as a permanent part of the municipal tax records.
The Tax Collector shall, within a year of the
adoption of this article, supply to each residential taxpayer in the
approved area a notice concerning the tax exemption program, which
notice shall be in a form approved by the Department of Community
Affairs.
[Adopted 12-19-2022 by Ord. No. 15-22]
All terms utilized in this article not specifically defined
herein shall conform to the meanings set forth in the Five-Year Exemption
and Abatement Law ("Act").[1]
[1]
Editor's Note: See N.J.S.A. 40A:21-1 et seq.
The Township hereby determines to utilize the authority granted
under Article VIII, Section I, Paragraph 6, of the New Jersey Constitution
to establish the eligibility of certain dwellings, commercial structures
and industrial structures for exemptions, as provided in this article
and as permitted by the Act, throughout Washington Township's
historic district rehabilitation areas.
The Township hereby determines to provide for the exemption
from taxation of certain improvements and certain new construction
occurring within the historic district rehabilitation areas throughout
the Township. To the extent that a property owner shall apply to the
Tax Assessor within the time period prescribed by the New Jersey Department
of Treasury in accordance with the Act, which currently requires submission
within 30 calendar days following completion of the improvements or
construction for which the exemption is sought, and shall provide
documentation to the Tax Assessor, in a form and manner acceptable
to the Tax Assessor and consistent with the Act, of compliance with
this section, such property owner shall be entitled to the relevant
exemption enumerated herein without any need for action by the Township
Committee.
The Township hereby determines to provide for the exemption
from taxation of certain improvements made to dwellings, on the following
terms and conditions:
A.
The term "dwelling," for purposes of this section shall not include
condominium residential units or cooperative-type residential properties.
B.
The term "dwelling," for purposes of this section shall not include
"multiple dwellings," as defined by the Act.
C.
Only dwellings that are more than 20 years old shall be eligible
for exemption.
D.
The term "improvements," for purposes of this section, shall mean
a 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 structure
as a place for human habitation, and which does not change its permitted
use.
E.
To the extent that a dwelling shall comply with the requirements set forth at Subsections A through D, above, in determining the value of real property for each dwelling unit, the Township shall regard the first $25,000 in the Assessor's full and true value of improvements for each dwelling unit primarily and directly affected by the improvements as not increasing the value of the property for a period of five years, notwithstanding that the value of the property to which the improvements are made is increased thereby. During the exemption period, the assessment on any property pursuant to this subsection shall not be less than the assessment thereon existing immediately prior to the improvements, except if there is damage to the dwelling through action of the elements sufficient to warrant a reduction.
The Township hereby determines to provide for an exemption of
30% of the Assessor's full and true value for a period of five
years following construction of new dwellings. The term "dwelling,"
for purposes of this section, shall include condominium residential
units but not cooperative-type residential units, and shall not include
multiple dwellings. This exemption is to be granted notwithstanding
that the value of the property upon which the construction occurs
is increased thereby.
A.
The Township hereby determines to provide for an exemption of 100%
of the Assessor's full and true value for a period of five years
following the construction of improvements to multiple dwellings.
The term "multiple dwelling" shall have that meaning ascribed to it
by the Act.
B.
This exemption is to be granted notwithstanding that the value of
the property upon which the construction occurs is increased thereby.
During the exemption period, the assessment on any property pursuant
to this section shall not be less than the assessment thereon existing
immediately prior to the improvements, except if there is damage to
the multiple dwelling through action of the elements sufficient to
warrant a reduction.
The Township hereby determines to provide for the exemption
from taxation of certain improvements made to commercial structures,
on the following terms and conditions:
A.
For purposes of this article, the term commercial structure relates
to office, retail and like uses, but does not include multiple dwellings.
B.
For purposes of this article, the term commercial structure shall
include a structure which contains both residential units and some
other commercial use (for example, retail), provided that the structure
is not part of a condominium or cooperative regime and further provided
that the structure does not qualify as a multiple dwelling under the
Act.
C.
To the extent that improvements to a commercial structure shall comply with the requirements set forth at Subsections A and B, above, the Township hereby determines to provide for an exemption of 100% of the Assessor's full and true value for a period of five years following the construction of the improvements. This exemption is to be granted notwithstanding that the value of the property upon which the construction of the improvement occurs is increased thereby.
The Township hereby determines to provide for the exemption
from taxation of certain improvements made to industrial structures,
on the following terms and conditions:
A.
Improvements must be made to both the interior and exterior of a
structure in order to qualify for exemption under this section.
B.
Only improvements with a cost of less than $1,000,000 shall be eligible
for exemption under this section.
C.
No less than 25% of the improvement cost shall be attributable to
the exterior improvements.
D.
To the extent that improvements to an industrial structure shall comply with the requirements set forth at Subsections A through C, above, the Township hereby determines to provide for an exemption of 100% of the Assessor's full and true value for a period of five years following the construction of the improvements. This exemption is to be granted notwithstanding that the value of the property upon which the construction of the improvement occurs is increased thereby.
A.
Exemptions for which application is required. The Township hereby determines that any property owner seeking exemption from taxation with respect to industrial improvements which do not meet the requirements of §§ 182-7 through 182-9, respectively, shall make application to the Township Committee in accordance with this section, within the time period prescribed by the New Jersey Department of Treasury in accordance with the Act, which currently requires submission within 30 calendar days following completion of the improvements or construction for which the exemption is sought. However, nothing in this article shall prohibit a property owner who has made more than $1,000,000 in industrial improvements which otherwise comply with the applicable requirements from foregoing exemption of the improvements in excess of $1,000,000 and seeking instead an as of right exemption from the Assessor to the limits permitted by the Section above.
B.
Contents of application. Applicants for an exemption under this section
shall provide the Township Committee and the Assessor with the following
information:
(1)
A general description of the project for which exemption is sought,
and an estimated schedule of completion for the project;
(2)
A legal description of all real estate necessary for the project;
(3)
Plans, drawings and other documents as may be required by the Township
Committee to demonstrate the structure and design of the project;
(4)
A description of the number, classes and type of employees to be
employed at the project site within two years of completion of the
project;
(5)
A statement of the reasons for seeking an exemption on the project,
and a description of the benefits to be realized by the Township and
the property owner if an exemption is granted;
(6)
Estimates of the cost of completing the project;
(7)
A statement showing i) the real property taxes currently being assessed
at the project site; ii) estimated tax payments that would be made
annually by the property owner with respect to the project during
the period of the exemption; and iii) estimated tax payments that
would be made by the property owner with respect to the project during
the first full year following the termination of the exemption;
(8)
A description of any lease agreements between the property owners
and proposed users of the project, and a history and description of
the users' businesses;
(9)
A certification by the property owner listing i) all properties within
the Township owned by the property owner or in which the property
owner has an interest and ii) all agreements with the Township to
which the property owner is a party; and
(10)
Such other pertinent information as the Township may require.
C.
Review and recommendation by Assessor. Within 30 days of receipt of the information set forth at Subsection B(5), above, the Assessor shall review the information provided and shall provide written recommendations to the Township Committee with respect to same.
D.
Action by Township Committee. Within 60 days of receipt of the Assessor's
recommendations, the Township Committee shall consider the application
for exemption, and shall by resolution either: disapprove the exemption;
or approve an exemption of 100% of the value of the improvements for
a five-year period following the completion of construction.
E.
Additional exemptions when property already subject to exemption.
The Township hereby determines that an additional improvement or construction
completed on a property already granted a previous exemption pursuant
to this article during the period in which the previous exemption
is in effect shall be eligible to qualify for an additional exemption
under the standards identified in this article. The additional improvement
or construction shall be considered as separate for purposes of calculating
the exemption, except that the assessed value of any previous improvement
or construction shall be added to the assessed valuation as it was
prior to that improvement or construction for the purpose of determining
the assessed value of the property for which any additional exemption
is to be subtracted.
F.
Tax delinquency. No exemption shall be granted pursuant to this article
with respect to any property for which real estate taxes or other
municipal charges are delinquent or remain unpaid, or for which penalties
and interest for nonpayment of taxes are due.
G.
Revaluation during exemption period. In the event that the Township
implements a revaluation or reassessment during the exemption period
for any property, any exemptions granted hereunder shall continue
to apply but at a valuation level consistent with the revaluation
or reassessment.
H.
Revision of base assessment during exemption period. The granting
of an exemption for a particular property shall not prejudice the
right of the Township to appropriately examine and revise the assessment
during the five-year exemption period in the event the base assessment
is found to be improperly valued and assessed.
Upon final passage and publication as provided by law, this
article shall take effect upon final passage, approval and publication
as required by law and shall authorize the Township to grant exemptions
up to a five-year period.
