[Adopted 2-3-2015 by Ord.
No. 2768-15]
The recitals set forth above are incorporated herein as if set
forth at length.[1]
[1]
Editor's Note: A copy of the complete ordinance is on file
in the Township offices.
All terms utilized in this article not specifically defined
herein shall conform to the meanings set forth in the Act.[1]
[1]
Editor’s Note: The Five-Year Exemption and Abatement
Law, N.J.S.A. 40A:21-1 et seq.
The Township hereby determines to utilize the authority granted
under Article VIII, Section I, Paragraph 6, of the New Jersey Constitution
to establish the eligibility of certain dwellings, commercial structures
and industrial structures for exemptions, as provided in this article
and as permitted by the Act, throughout the rehabilitation area.
A.
Property owners seeking exemption for new construction of multiple-dwelling,
commercial or industrial structures within the rehabilitation area
shall make application to the governing body in accordance with this
section and the Act. Applicants for an exemption under this section
shall provide the governing body and the Tax Assessor of the Township
of Maplewood (the Assessor) with the following information:
(1)
A general description of the project for which exemption is sought,
and an estimated schedule of completion for the project;
(2)
A legal description of all real estate necessary for the project;
(3)
Plans, drawings and other documents as may be required by the governing
body to demonstrate the structure and design of the project;
(4)
A description of the number, classes and type of employees to be
employed at the project site within two years of completion of the
project;
(5)
A statement of the reasons for seeking an exemption on the project,
and a description of the benefits to be realized by the governing
body and the property owner if an exemption is granted;
(6)
Estimates of the cost of completing the project;
(7)
A statement showing:
(a)
The real property taxes currently being assessed at the project
site;
(b)
Estimated tax payments that would be made annually by the property
owner with respect to the project during the period of the exemption;
and
(c)
Estimated tax payments that would be made by the property owner
with respect to the project during the first full year following the
termination of the exemption;
(8)
With respect to commercial or industrial uses, a description of any
lease agreements between the property owners and proposed users of
the project, and a history and description of the users' businesses;
(9)
With respect to multiple dwellings, a description of the number and
types of dwelling units to be provided, a description of the common
elements, and a statement of the proposed initial rentals or sales
prices of the dwelling units according to type and of any rental lease
or resale restrictions to apply to the dwelling units respecting low-
and moderate-income housing;
(11)
Such other pertinent information as the Township may require.
B.
The governing body shall consider the application for exemption and
may disapprove the exemption by resolution or act by ordinance to
approve the application for exemption and the execution of a tax agreement
governing the same, within the parameters set forth in the Act.
The Township hereby determines that an additional improvement
or construction completed on a property already granted a previous
exemption pursuant to this article during the period in which the
previous exemption is in effect shall be eligible to qualify for an
additional exemption under the standards identified in this article.
The additional improvement or construction shall be considered as
separate for purposes of calculating the exemption, except that the
assessed value of any previous improvement or construction shall be
added to the assessed valuation as it was prior to that improvement
or construction for the purpose of determining the assessed value
of the property for which any additional exemption is to be subtracted.
No exemption shall be granted pursuant to this article with
respect to any property for which real estate taxes or other municipal
charges are delinquent or remain unpaid or for which penalties and
interest for nonpayment of taxes are due.
In the event that the Township implements a revaluation or reassessment
during the exemption period for any property, any exemptions granted
hereunder shall continue to apply but at a valuation level consistent
with the revaluation or reassessment.
The granting of an exemption for a particular property shall
not prejudice the right of the Township to appropriately examine and
revise the assessment during the five-year exemption period in the
event the assessment is found to be improperly valued and assessed.
Upon final passage and publication as provided by law, this
article shall take effect on March 1, 2015, and shall authorize the
Township to grant exemptions up to a five-year period. This article
shall lapse, unless readopted, on February 29, 2020, and no exemptions
shall be granted after February 29, 2020, without such readoption.
