[Ord. 956, 5/15/2014]
The following words and phrases when used in this Part shall
have the following meaning:
The governing body formed and assembled as the Borough Council
of Elizabethtown Borough, Lancaster County, Pennsylvania.
Any area meeting the requirements of the Local Economic Revitalization
Tax Assistance Act, 72 P.S. § 4722 et seq.
Any industrial, commercial or other business property owned
by an individual, association, or corporation, and located in deteriorated
areas, as hereinafter provided, or any such property which has been
the subject of an order by a government agency requiring the unit
to be vacated, condemned or demolished by reason of noncompliance
with laws, ordinances, or regulations. Ordinary upkeep and maintenance
shall not be deemed an improvement and should not result in an increased
assessed value and taxation.
Repair, construction or reconstruction, including alterations
and additions, having the effect of rehabilitating a deteriorated
property so that it becomes habitable or attains higher standards
of safety, health, economic use or amenity, or is brought into compliance
with laws, ordinances or regulations governing such standards. Ordinary
upkeep and maintenance shall not be deemed an improvement.
Abbreviation for the Local Economic Revitalization Tax Assistance
Act, the Act of December 1, 1977, P.L. 237, No. 76, 72 P.S. § 4722
et seq.
[Ord. 956, 5/15/2014; as amended by Ord. No. 993, 5/16/2019]
The Borough Council determines that the properties identified
below shall be the area which contains and consists of deteriorated
properties which are eligible for tax exemption under this Part. Additional
eligible areas may be included from time to time by ordinance of the
Borough Council. The properties included within the deteriorated area
and subject to the benefits of this Part are as follows:
|
Lancaster County Tax Account No.
|
Address
|
Record Owner
|
|---|---|---|
|
2503157800000
|
28 South Market Street
|
South Market Street, LP
|
|
2506571100000
|
206 South Market Street
|
Market Street Ventures Group LLC
|
|
2500871500000
|
18 North Market Street
|
Loyal Order of Moose 596
|
[Ord. 956, 5/15/2014]
1.
The amount to be exempted from real estate taxes shall be limited
to that portion of the additional assessment attributable to the actual
cost of new construction or improvements to deteriorated property
in accordance with the exemption schedule established by this Part.
2.
The exemption from real estate taxes shall be limited to that improvement
for which an exemption has been requested in the manner set forth
in this Part and for which a separate assessment has been made by
the Board of Assessment of Appeals.
[Ord. 956, 5/15/2014]
1.
The schedule of real estate taxes to be exempted shall be in accordance
with the below portion of improvements to be exempted each year.
|
Length
(Year)
|
Portion
(%)
|
|---|---|
|
1
|
100
|
|
2
|
90
|
|
3
|
80
|
|
4
|
70
|
|
5
|
60
|
|
6
|
50
|
|
7
|
40
|
|
8
|
30
|
|
9
|
20
|
|
10
|
10
|
2.
If an eligible property is granted a tax exemption pursuant to this
Part, the improvement shall not, during the exemption period, be considered
as a factor in assessing other properties.
3.
The exemption from taxes granted under this Part shall be upon the
property and shall not terminate upon the sale or exchange of the
property.
[Ord. 956, 5/15/2014]
1.
Any person desiring tax exemption under this Part shall notify the
Borough Manager as well as the Business Manager of the Elizabethtown
Area School District in writing on a form provided to the applicant
at the time he secures a building permit for new construction or an
improvement as defined by this Part. A copy of the exemption request
shall be forwarded to the Lancaster County Assessment Office. The
Lancaster County Assessor shall, upon notice by the applicant and
after completion of the new construction or improvement, assess separately
the new construction or improvement and calculate the amount of the
assessment eligible for tax exemption in accordance with the limits
established by this Part and shall notify the taxpayer, the Borough
and the school district of the reassessment and the amount of the
assessment eligible for the exemption. Appeals from the reassessment
and the amount eligible for the exemption may be taken by the taxpayer
or the local taxing authority as provided by law.
2.
The cost of the new construction or improvements to be exempted and
the schedule of taxes exempted existing at the time of the initial
request for tax exemption shall be applicable to that exemption request,
and subsequent amendment to this Part, if any, shall not apply to
the adoption of any such amendment.
[Ord. 956, 5/15/2014; as amended by Ord. No. 993, 5/16/2019]
An application for exemption under the provisions of this Part,
as enacted by Ordinance No. 956, shall be made within five years of
the effective date of such ordinance, May 15, 2014. An application
for exemption for properties identified in § 602, as amended
by Ordinance No. 993, may be made at any time within five years from
the effective date of such ordinance. All qualified applications under
this Part are eligible for the entire ten-year exemption schedule.
[Ord. 956, 5/15/2014]
The Borough may, by ordinance adopted from time to time, extend
the time for filing an application for exemption. However, in no event
shall any one extension period exceed five years.
[Ord. 956, 5/15/2014]
The exemption from real estate taxes provided for herein shall
be forfeited by the applicant and/or subsequent owner of the real
estate for the failure to pay any nonexempt real estate taxes by the
last day of the time period to pay such taxes in the penalty period.
Upon receipt of the notice of nonpayment of nonexempt real estate
taxes, the Borough Manager shall discontinue the LERTA exemption.
