Township of Hamilton, NJ
Atlantic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 2-16-2016 by Ord. No. 1811-2016]

§ 269-35 Legislative authority.

This article is authorized in the manner described in Article II of this Chapter 269.

§ 269-36 Findings and purpose.

A. 
Pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., by resolution dated November 9, 2015, the Township of Hamilton determined that the Mays Landing Historic District is an area in need of rehabilitation.
B. 
The Township of Hamilton finds and declares that a tax exemption and abatement program to the fullest extent authorized by N.J.S.A. 40A:21-1, et seq., including for dwellings, multiple dwellings, and commercial or industrial structures will promote rehabilitation in the areas designated herein by incentivizing investment.
C. 
Subject to the requirement of review for each individual project, except as explicitly stated in this chapter, the Township of Hamilton finds and declares that the investments incentivized will be of such a nature that they will have both short-term and long-term substantial, positive impacts on the local economy.

§ 269-37 Definitions.

As used in this article, the definitions provided for in Article II of this Chapter 269 shall apply.

§ 269-38 Lots for which exemptions and abatements are available.

[Amended 5-1-2017 by Ord. No. 1847-2017]
The following lots shall comprise the "area in need of rehabilitation" pursuant to N.J.S.A. 40A:21-3 and the Township's resolutions of November 9, 2015, and April 18, 2016, providing for the same and shall be the only lots subject to the provisions of this article:
Block
Lot(s)
730
1-19
732
49-65; 66-82
733
1-28
741
1-8; 15
742
1-20
743
1-16; 17.0
744
1-14
745
1-17
747
1-10
748
1-23
749
1-14 (ADD'L Lots 13, 14)
750
1.01-15
751
1-11
752
1-4
753
1-21 (ADD'L Lot 16)
754
1-3
755
4-10
756
1-6
757
1-20 (ADD'L Lot 3)
758
1-8
759
1-5
800
1-5
801
1-5; 14, 15
807
1-6
808
1-3
809
1-5, 103
979
1-5, 5
980
1
1985
1-3
986
1, 2.02-9
987
2
988
1-3

§ 269-39 Exemptions and abatements for commercial and industrial construction projects.

The owner or owners of a lot identified in § 269-38 shall be entitled a tax exemption for the construction of a commercial or industrial structure under the terms and conditions established by Article II of Chapter 269 except that:
A. 
The owner or owners shall additionally be entitled to an abatement of the land value and the value of any pre-existing structures thereon such that the tax agreement shall provide that the only payments to be made during the term of the agreement are as follows:
(1) 
In the first full year after completion: no payment;
(2) 
In the second full year after completion: 20% of taxes otherwise due;
(3) 
In the third full year after completion: 40% of taxes otherwise due;
(4) 
In the fourth full year after completion: 60% of taxes otherwise due;
(5) 
In the fifth full year after completion: 80% of taxes otherwise due.
B. 
The limitation set forth in § 269-11E shall not apply such that an owner or owners obtaining an exemption and abatement for a construction project based on an increase in building volume may obtain an exemption and abatement for coinciding improvements by separate application.

§ 269-40 Exemptions for commercial and industrial improvement projects.

The owner or owners of a lot identified in § 269-38 shall be entitled a tax exemption for the improvement of a commercial or industrial structure under the terms and conditions established by Article III of Chapter 269 except that:
A. 
The limitation set forth in Chapter § 269-26A shall not apply such that exemptions are available for improvements which do not increase the square footage of the structure.
B. 
The limitation set forth in Chapter § 269-26E shall not apply such that exemptions are available for improvements regardless of the amount of the increase in the full and true assessed value of the property caused by the improvement.

§ 269-41 Recording and reporting requirements.

A. 
The grant of an exemption pursuant this article shall be recorded and made a permanent part of the official tax record of the Township, which record shall contain a notice of the termination date thereof.
B. 
The Township Committee shall meet its reporting obligations under this article by filing a report as required by § 269-20 of this Chapter 269.

§ 269-42 Effect of amendment to article; automatic expiration and required reauthorization.

A. 
This article may be amended from time to time.
B. 
An amendment to this article, or the adoption of an ordinance otherwise affecting this article, shall not affect any exemption and tax agreement in force prior to the adoption of the amendment.
C. 
No exemption, abatement, or tax agreement authorized by this article shall be applied for, entered into, or take initial effect in the 11th tax year after this article is first adopted or in any year thereafter. Except as provided in Subsection D of this section, any such application or tax agreement, exemption, or abatement shall be void ab initio where it is apparent on the face of the application or tax agreement that the exemption, abatement, or tax agreement would not take effect until such a year. Except as provided in Subsection D of this section, where it is not apparent on the face of the application and tax agreement, but the completion of the construction or improvement is delayed such that the exemption, abatement, or tax agreement will not take effect until the 11th tax year after this article is first adopted or thereafter, the exemption, abatement, or tax agreement shall be void on January 1 of said 11th year.
D. 
The provisions of this article may be readopted by ordinance at any time during or after the 10th tax year after this article is initially adopted. Exemptions, abatements, and tax agreements which on their face will not take effect until the 11th year after this article is first adopted, or thereafter, shall not be void ab initio if the application for such exemption, abatement, or tax agreement is filed after the adoption of an ordinance readopting this article. Exemptions, abatements, or and tax agreements which, by virtue of delayed completion of the construction or improvement, do not take effect until the 11th tax year after this article is first adopted or thereafter, shall not be void if this article is readopted during the 10th year after this article is initially adopted.
E. 
Notwithstanding anything in this article to the contrary, under no circumstances may an application be filed or approved for an exemption, abatement or a tax agreement that, on its face, would not take effect until the 11th tax year after the application is filed.