Article V: Five-Year Exemption Program for Construction and Improvement of Multiple Dwellings in Mays Landing Historic District
[Adopted 2-16-2016 by Ord. No. 1811-2016]
The findings and purposes of this article shall be those set forth in § 269-36.
As used in this article, the definitions provided for in Article II of this Chapter 269 shall apply. The following additional definitions apply:
- A property created or recorded as a condominium pursuant to the Condominium Act, 46:8B-1 et seq.
- A housing corporation or association, wherein the holder of a share or membership interest thereof is entitled to possess and occupy for dwelling purposes a house, apartment, or other unit of housing owned by the corporation or association, or to purchase a unit of housing owned by the corporation or association.
- When used with respect to abatements for dwellings or multiple dwellings, means only the cost or fair market value of direct labor and materials used in improving a multiple dwelling, or of converting another building or structure to a multiple dwelling, or of constructing a dwelling, or of converting another building or structure to a dwelling, including any architectural, engineering, and contractor's fees associated therewith, as the owner of the property shall cause to be certified to the governing body by an independent and qualified architect, following the completion of the project.
- A building or part of a building used, to be used or held for use as a home or residence, including accessory buildings located on the same premises, together with the land upon which such building or buildings are erected and which may be necessary for the fair enjoyment thereof, but shall not mean any building or part of a building, defined as a "multiple dwelling" pursuant to the Hotel and Multiple Dwelling Law, 55:13A-1 et seq. A dwelling shall include, as they are separately conveyed to individual owners, individual residences within a cooperative, if purchased separately by the occupants thereof, and individual residences within a horizontal property regime or a condominium, but shall not include "general common elements" or "common elements" of such horizontal property regime or condominium as defined pursuant to the Horizontal Property Act, 46:8A-1 et seq., or the Condominium Act, 46:8B-1 et seq., or of a cooperative, if the residential units are owned separately.
- HORIZONTAL PROPERTY REGIME
- A property submitted to a horizontal property regime pursuant to the "Horizontal Property Act," 46:8A-1 et seq.
- MULTIPLE DWELLING
- A building or structure meeting the definition of "multiple dwelling" set forth in the Hotel and Multiple Dwelling Law, 55:13A-1 et seq., and means for the purpose of improvement or construction the "general common elements" and "common elements" of a condominium, a cooperative, or a horizontal property regime.
The owner or owners of a lot identified in § 269-38 shall be entitled a tax exemption for the improvement of a multiple dwelling under the same terms and conditions established by Article IV of Chapter 269 for commercial and industrial structures, except that they shall additionally be entitled to an five-year annual abatement of the land value and the value of any pre-existing structures thereon up to 20% of the total cost of the improvement.
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.
This article may be amended from time to time.
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.
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.
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.
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.