[Adopted 6-25-1996 by Ord. No. 96-53 (Ch. 424, Art. VI, of the 1990 Code)]
The adoption of the provisions of this article
are intended to assist this municipality in returning underutilized
and abandoned industrial and commercial properties to the active tax
rolls to help alleviate the residential property tax burden in this
municipality. It is further understood that, by revitalizing these
properties, the municipality will not only ease their tax burden but
they will help to restore a vital resource for job creation and foster
redevelopment in the region.
As used in this article, the following terms
shall have the meanings indicated:
The Municipal Tax Assessor appointed pursuant to the provisions
of Chapter 9 of Title 40A of the New Jersey Statutes.
Any discharged hazardous substance as defined pursuant to
Section 3 of P.L. 1976, c. 141 (N.J.S.A. 58:10-23.11b), hazardous
waste as defined pursuant to Section 1 of P.L. 1976, c. 99 (N.J.S.A.
13:1E-38) or pollutant as defined pursuant to Section 3 of P.L. 1977,
c. 74 (N.J.S.A. 58:10A-3).
Any qualified real property that has been designated by the
governing body as an "environmental opportunity zone" pursuant to
Section 4 of P.L. 1995, c. 413 (N.J.S.A. 54:4-3.153).
Any parcel of real property that is now vacant or underutilized,
which is in need of remediation due to a discharge or threatened discharge
of a contaminant, and which is listed in the most recent Department
of Environmental Protection publication of known hazardous discharge
sites in New Jersey prepared pursuant to P.L. 1982, c. 202 (N.J.S.A.
58:10-23.15 et seq.).
All necessary actions to investigate and clean up any known,
suspected, or threatened discharge of contaminants, including, as
necessary, the preliminary assessment, site investigation, remedial
investigation, and remedial action.
A.Â
A property owner or contract purchaser can obtain
an application form from the Tax Assessor's office. (The application
must be filled out in its entirety and have all necessary attachments
to be determined complete for review and recommendation.)
B.Â
In addition to a completed application, the applicant
for an environmental opportunity zone must provide a copy of the title
or purchase agreement; a copy of an executed memorandum of agreement
(MOA) or administrative consent order (ACO) with the State of New
Jersey, Department of Environmental Protection, Site Remediation Program;
and an agreement to perform the remediation. The specific environmental
opportunity zone, once remediated, will be used for commercial or
industrial purposes during the time period for which the real property
tax exemption has been given by the City Council of the City of Vineland,
based on the recommendation of the Tax Assessor, which time period
restriction shall be included in the executed tax abatement/exemption
agreement.
C.Â
Confirmation, in writing, by the Director of the Department
of Health, the Environmental Health Coordinator or his/her designee,
or other entity designated by the City to review the potential environmental
hazard or the placement of the property on the State of New Jersey
Contaminated Site List, prepared pursuant to P.L. 1982, c. 202 (N.J.S.A.
58:10-23.15 et seq.), shall be sent out annually to each municipality.
D.Â
Upon receipt of the documents described in Subsections A, B and C above, the Tax Assessor shall prepare a recommendation of approval or denial for the governing body's action at a regularly scheduled meeting of the municipal governing body. In addition to reviewing the paperwork described above, the Tax Assessor shall review the property for tax delinquency status. If a property owner has consistently paid taxes and now wishes to request the tax abatement offered to an environmental opportunity zone, then the owner must demonstrate to the City that without this designation the remediation of an environmental hazard will not occur.
E.Â
The designation of a property and its approval may
be assigned to a subsequent owner with the approval of the governing
body.
[Amended 6-10-1997 by Ord. No. 97-38]
A.Â
The real properties referred to in this section are
hereby designated as environmental opportunity zones pursuant to P.L.
1995, c. 413 (N.J.S.A. 54:43.150 et seq.). This designation allows
the owner or contract purchaser of the designated property to apply
for final designation as set forth in this article. A final designation
of an environmental opportunity zone does not occur until the application
is approved by the Tax Assessor and recommended for final approval
by the governing body. The final approval will be granted by the governing
body at a regularly scheduled meeting by resolution of the governing
body. The real properties to be designated eligible for application
as an environmental opportunity zone are as follows:
B.Â
This list may be expanded at anytime by resolution
of the governing body based upon a recommendation of the Tax Assessor
and the Director of the Department of Health, the Environmental Health
Coordinator, or designee, or such other official designated to determine
the potential or actual discharge on the property.
A.Â
Payments in lieu of real property taxes will be computed
as a portion of the real property taxes otherwise due, according to
the following schedule:
(1)Â
In the first tax year following execution of a memorandum
of agreement (MOA) or administrative consent order (ACO), no payment
in lieu of taxes otherwise due.
(2)Â
In the second tax year following execution of an MOA
or ACO, an amount of not less than 10% of taxes otherwise due.
(3)Â
In the third tax year following execution of an MOA
or ACO, an amount of not less than 30% of taxes otherwise due.
(4)Â
In the fourth tax year following execution of an MOA
or ACO, an amount of not less than 40% of taxes otherwise due.
(5)Â
In the fifth tax year following execution of an MOA
or ACO, an amount of not less than 50% of taxes otherwise due.
(6)Â
In the sixth tax year following execution of an MOA
or ACO, an amount of not less than 60% of taxes otherwise due.
(7)Â
In the seventh tax year following execution of an
MOA or ACO, an amount of not less than 70% of taxes otherwise due.
(8)Â
In the eighth tax year following execution of an MOA
or ACO, an amount of not less than 80% of taxes otherwise due.
(9)Â
In the ninth tax year following execution of an MOA
or ACO, an amount of not less than 90% of taxes otherwise due.
(10)Â
In the tenth and all subsequent tax years following
execution of an MOA or ACO, the exemption shall expire and the full
amount of the assessed real property taxes, taking into account the
value of the real property in its remediated state, shall be due.
B.Â
The payments required pursuant to this section of
the article shall be made in quarterly installments according to the
same schedule as real property taxes are due and payable. Failure
to make these payments shall result in the termination of the exemption.
C.Â
Notwithstanding any other provisions of this article,
if at any time the governing body finds that the MOA has been terminated
at the option of the applicant, unless an ACO is issued in its stead,
or that any of the conditions of this article are not met, the period
of the property tax exemption shall end as determined by the appropriate
municipal officials.