[Adopted 6-5-2000 by Ord.
No. 212]
As used in this article, the following words and phrases shall
have the meaning set forth below:
Any industrial property owned by an individual association,
or corporation, and located in an investment opportunity area, as
hereinafter provided, or any such property which has been subject
of an order by a government agency requiring the property be vacated,
condemned, or demolished by reason of noncompliance with laws, ordinances
or regulations.
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. No residential
homes, apartments or other living establishment will be included.
All property set forth on the attached LERTA District Map.[1]
The Borough of Mt. Jewett, Kane Area School District, the
County of McKean, or any other governmental entity having the authority
to levy real property taxes within the Borough of Mt. Jewett.
The Borough of Mt. Jewett
[1]
Editor's Note: The LERTA District Map is on file in the Borough
office.
A.
The exemption from real property taxes shall be limited:
B.
In all cases, the exemption from taxes shall be limited to the portion
of the additional assessment attributable to the improvement or new
construction, as the case may be, and for which a separate assessment
has been made by the McKean County Board of Assessment Appeal, and
for which an exemption has been separately requested.
C.
No tax exemption shall be granted if the property owner does not
secure the necessary and proper permits prior to improving the property.
D.
In any case after the effective date of this article when deteriorated
property is damaged, destroyed or demolished, by any cause or for
any reason, and the assessed valuation of the property affected has
been reduced as a result of the said damage, destruction or demolition,
the exemption from real property taxation authorized by this article
shall be limited to that portion of new assessment attributable to
the actual cost of improvements or construction that is in excess
of the original assessments that existed prior to damage, destruction
or demolition of the property.
A.
For the 10 years immediately following the year in which the improvement
becomes assessable, the following real estate tax exemption schedule
shall be in effect:
|
Length
|
Portion Exempt
|
|---|---|
|
First year
|
100%
|
|
Second year
|
100%
|
|
Third year
|
100%
|
|
Fourth year
|
100%
|
|
Fifth year
|
100%
|
|
Sixth year
|
80%
|
|
Seventh year
|
60%
|
|
Eighth year
|
40%
|
|
Ninth year
|
20%
|
|
Tenth year
|
0%
|
B.
The county will only participate in the first five years of 100%
exemption. The Borough and School District will comply with the full
ten-year program.
C.
If an eligible property is granted tax exemption pursuant to the
article, the improvement shall not, during the exemption period, be
considered as a factor in assessing other properties.
D.
If the use of the property at the time the exemption is granted is
modified, terminated or changed during the five-year exemption period
in any way which would have affected the exemption if the property
had been so used when the exemption was granted, then, at the election
of the Borough Council, the exemption shall terminate as of the date
the use was modified or terminated if the Council determines that
continuation of the exemption would be inconsistent with the purposes
of the article.
A.
Any person desiring tax exemption pursuant to this article shall
apply to the Borough of Mt. Jewett at the time a building permit is
secured for construction of the improvement. The application shall
be in writing upon forms specified by the Borough, setting forth the
following information:
(1)
The date the building permit was issued for said improvement.
(2)
The location of the property to be improved.
(3)
The nature of the property to be improved.
(4)
The type of improvement.
(5)
The summary of the plan of improvement.
(6)
The cost of the improvement.
(7)
The property has been inspected and verified by the building permit
committee.
(8)
Such additional information as the Borough may require.
B.
A copy of the exemption requests shall be forwarded to the County
Board of Assessment by the Borough Secretary. The Board shall assess
separately the improvements and calculate the amounts of the assessment
eligible for tax exemption in accordance with the limits established
by this article and notify the taxpayer and local taxing authorities
of the reassessment and amounts of the assessment eligible for tax
exemption. In the case of new construction, the Board shall assess
separately the unit and the land upon which the new construction stands
and shall otherwise perform its duties as above provided for construction
of improvements to properties.
C.
The cost of 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 article, if any, shall not apply to requests initiated prior
to their adoption.
D.
Appeals from the reassessment and the amount eligible for the exemption
may be taken by the Borough or by the taxpayer as provided by law.
The article shall become effective on June 5, 2000, subject,
nevertheless, to the adoption by the Kane Area School District and
the McKean County Board of Commissioners of a resolution exempting
from real property taxation properties in accordance with the terms
of this article.
The provisions of this article are severable, and if any of
its sections, clauses or sentences shall be held illegal, invalid
or unconstitutional, such provisions shall not affect or impair any
of the remaining sections, clauses or sentences. It is hereby declared
to be the intent of the Council that this article would have been
adopted if such illegal, invalid or unconstitutional section, clause
or sentence had not been included herein.
No amendments to this article shall be effective unless consented
to by resolution or ordinance of each local taxing authority which
has consented to be bound by the terms of this article.
This article shall automatically expire and terminate five years
following the effective date hereof; provided, however, any taxpayer
who has received or applied for the exemption granted by this article
prior to the expiration date herein provided shall, if said exemption
is granted, be entitled to the full exemption authorized herein. This
section shall not prevent the Borough Council, however, from repealing
this article or any part thereof before five years upon proper action
of the Council.
Any ordinance or part of ordinance conflicting with the provisions
of this article be and the same is hereby repealed so far as the same
affects this article.
Any exemption made permissible under this article shall not
be applied to any residential home, apartment buildings or other living
establishments, except hotels and motels which rent rooms to travelers
on a short-term basis.
