As used in this article, the following terms
shall have the meanings indicated:
ASSESSOR
The officer of the Borough of South Plainfield charged with
the duty of assessing real property for the purpose of general taxation.
EXEMPTION
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.
HORIZONTAL PROPERTY REGIME
A property submitted to a horizontal property regime pursuant
to the "Horizontal Property Act," P.L. 1963, c. 168 (N.J.S.A. 46:8A-1
et seq.).
IMPROVEMENT
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 use as a residential dwelling. In no case shall
it include the repair of fire or other damage to a property for which
claim was received by any person from an insurance company at any
time during the three-year period immediately proceeding the filing
of an application pursuant to this article.
RESIDENTIAL DWELLING
A building or part of a building used, to be used or held
for use as a home or residence, including accessory buildings located
on the same premises, together with the land upon which such building
or buildings are erected and which may be necessary for the fair enjoyment
thereof, including multiple dwellings of no more than two units. 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 with a horizontal
property regime or a condominium, but shall not include general common
elements or common elements of such horizontal property regime or
condominium as defined pursuant to the "Horizontal Property Act,"
P.L. 1963, c. 168 (N.J.S.A. 46:8A-1 et seq.), or the "Condominium
Act," P.L. 1969, c. 257 (N.J.S.A. 46:8B-1 et seq.), or of a cooperative,
if the residential units are owned separately.
The Tax Assessor of the Borough of South Plainfield
is hereby authorized to grant exemptions from taxation of improvements
to dwellings more than 20 years old. In determining the value of real
property, the Tax Assessor shall regard the first $15,000 in 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 the property
shall not be less than the assessment thereon existing immediately
prior to the improvements, unless there is damage to the dwelling
through action of the elements sufficient to warrant a reduction.
The Tax 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 year following completion shall be based on the assessed
valuation of the property for the previous year plus any portion of
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 tax years subsequent
to the original determination by the Tax Assessor.
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.
No exemption shall be granted pursuant to this
article except upon written application therefor filed with and approved
by the Tax Assessor. Every application shall be on a form prescribed
by the Director of the Division of Taxation in the Department of Treasury,
and provided for the use of claimants by the Borough of South Plainfield,
and shall be filed with the Tax Assessor within 30 days, including
Saturdays and Sundays, following the completion of the improvement.
Every application for exemption for which is filed within the time
specified shall be approved and allowed by the Tax 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 dwelling located in the Borough
of South Plainfield during the first year following adoption of this
article.