[Adopted 9-5-1979 by Ord. No. C-127]
The Mayor and Council of the City of Hoboken may enter into agreements with developers for tax abatement on commercial, industrial or residential improvements or projects, pursuant to the provisions of P.L. 1977, c. 12,[1] providing for the exemption from real property taxation of improvements or projects for a period of five years. The following procedures shall govern agreements for tax abatement entered into by the Mayor and Council and developers:
A. 
Improvements.
[Amended 1-2-1985 by Ord. No. 330]
(1) 
All improvements, as defined in N.J.S.A. 54:4-3.96, shall be exempt from local real property taxes only upon review, evaluation and approval by resolution of the governing body on each individual application. Application shall be upon the form approved by the Director of the Division of Local Government Services, Department of Community Affairs.
(2) 
Applicants shall 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.
(3) 
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 reviewed and decided by the governing body not later than within 60 days of its filing.
B. 
Projects.
(1) 
Applicants for tax abatement on projects shall provide the Mayor and Council with an application setting forth:
(a) 
A general description of the project for which abatement is sought.
(b) 
A legal description of all real estate necessary for the project.
(c) 
Plans, drawings and other documents as may be required by the Mayor and Council to demonstrate the structure and design of the project.
(d) 
A description of the number, classes and types of employees to be employed at the project site within two years of completion of the project.
(e) 
A statement of the reasons for seeking tax abatement on the project and a description of the benefits to be realized by the applicant, if tax abatement is granted.
(f) 
Estimates of the cost of completing such project.
(g) 
A statement showing:
[1] 
The real property taxes currently being assessed at the project site.
[2] 
Estimated tax payments that would be made annually by the applicant on the project during the period of tax abatement.
[3] 
Estimated tax payments that would be made by the applicant on the project during the first full year following the termination of the tax abatement agreement.
(h) 
A description of any lease agreements between the applicant and proposed users of the project and a history and description of the user's business.
(i) 
Such other pertinent information as the Mayor and Council may require.
(2) 
Upon approval of an ordinance authorizing an agreement for tax abatement for a particular project, the Mayor and Council of the City of Hoboken shall enter into a written agreement with the applicant for the abatement of local real property taxes. The agreement shall provide for the applicant to pay to the City of Hoboken, in lieu of full property tax payments, an amount annually to be computed by using either of, but not a combination of, the formulas set out in N.J.S.A. 54:4-3.102. Such agreements may also provide for tax phase-in pursuant to Subsection c of N.J.S.A. 54:4-3.101. All tax abatement agreements hereunder shall be in effect for a period of not more than five years starting with the date of completion of the project.
[1]
Editor's Note: See N.J.S.A. 54:4-3.95.