[HISTORY: Adopted by the Township Committee of the Township of Ocean as indicated in article histories. Amendments noted where applicable.]
Article I Exemption for Improvements
[Adopted by Ord. No. 2000-13]
Any single-family housing unit located in those areas of the municipality set forth in Subsection B of this section, which housing units are at least 20 years old, upon appropriate application and approval by the Township's tax assessor, shall be exempt from taxation on improvements to said dwellings for the first $25,000 of otherwise taxable improvements, for a period of five years following completion of such improvements.
The following areas of the municipality are areas in need of rehabilitation and/or redevelopment as defined by the New Jersey Local Redevelopment and Housing law:
The owner of any currently existing commercial or industrial structures, located in those areas of the municipality set forth in § 345-1B, may apply for an exemption from taxation for improvements to such structures, which, if granted by the Township Committee, shall regard up to the assessor's full and true value of the improvements as not increasing that the value of the property to which the improvements are made is increased thereby. No exemption of improvements from taxation shall be allowed except pursuant to statute and pursuant to newly promulgated regulations of the New Jersey Department of Community Affairs and the Division of Taxation.
The tax assessor of the Township shall implement an application procedure in the Township for both residential and existing commercial structures shall accept and receive applications for exemption of improvements from taxation and shall retain them as permanent part of the municipal tax records. Approvals for exemption for single-family dwellings shall be made by the tax assessor.
The Township Committee is authorized to make a final determination on all applications for exemptions for commercial or industrial structures, including the amount thereof, but only for a period of up to five years. The Township Committee, in making any such determination, shall utilize the criteria set forth in N.J.S.A. 40A:21-7.
Prior to the issuance of any building permit, applicants seeking a tax exemption on improvements to their property shall provide to the Township an application setting forth at a minimum the following:
A general description of the project for which exemption is sought;
A legal description of all real estate necessary for the project;
Plans, drawings and other documents as may be required by the Township to demonstrate the structure and design of the project;
A description of the number, classes and types of employees being employed at the project site within two years of completion of the project (for commercial or industrial structures only);
Estimates of the cost of completing said project;
Such other pertinent information as the Township shall require.
As used in this article, the following terms are defined:
- COMMERCIAL OR INDUSTRIAL STRUCTURE
- A structure or part thereof used for the manufacturing, processing or assembling of material or manufactured products, or for research, office, industrial, commercial, retail, recreational or warehousing purposes, or for any combination thereof, which the governing body determines will tend to maintain or provide gainful employment within the municipality, assist in the economic development of the municipality, maintain or increase the tax base or the municipality and maintain or diversify and expand commerce within the municipality. It shall not include any structure or part thereof used or to be used by any business relocated from another qualifying municipality.
- 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 act.
- 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, 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 the 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 act.
All single-family dwelling improvements, as defined by statute, shall be exempt from local real property taxes if approved by the tax assessor after proper application has been made. Application shall be made upon the form approved by the Director of the Division of Local Government Services, Department of Community Affairs.
Applicants shall be encourage to apply for tax exemption on improvements prior to the commencement of construction of the improvement provided that the applicant must file a proper application with the tax assessor within 60 days of the completion of the improvement in order to be eligible for tax exemption thereon.
Every properly completed application for exemption of one or more improvements which is filed within 60 days of the completion of the improvement shall be approved and allowed by the tax assessor not later than 60 days of its filing.
In determining the amount of improvement exemption to be granted, the municipality shall regard up to the assessor's full and true value of the improvements made as not increasing the value of the property.
During the exemption period of five years, the assessment of 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.
No exemption or abatement shall be granted, or tax agreement entered into, pursuant to the ordinance codified in this article with respect to any property taxes are delinquent or remain unpaid, or for which penalties for nonpayment of taxes are due. Failure to keep all property taxes due, paid current and in full, shall result in loss of the tax exemption for the entire balance of the exemption period granted.