Borough of Jamesburg, NJ
Middlesex County
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Table of Contents
Table of Contents
[Ord. No. 14-05 § 1]
The intention of this Chapter is to effectuate and accomplish the purposes authorized by N.J.S.A. 40A:21-1, et seq., which permits municipalities to grant for periods of five years exemptions and/or abatements, or both, from taxation in areas of the municipality in need of rehabilitation. The intended purpose of this Chapter is to promote the improvement and/or rehabilitation of existing residential, multiple dwelling, commercial and industrial structures within the Borough of Jamesburg, which will promote long-term growth and redevelopment that will positively impact the character and quality of life of the citizens of the Borough of Jamesburg. This Chapter has been prepared in accordance with the "Five-Year Exemption and Abatement Law," N.J.S.A. 40A:21-1, et seq.
[Ord. No. 14-05 § 2]
As used in this Chapter:
ABATEMENT
Shall mean that portion of the assessed value of a property as it existed prior to construction, improvement, or conversion of a building or structure thereon, which is exempted from taxation pursuant to this Chapter.
AREA IN NEED OF REHABILITATION
Shall mean a portion or all of the Borough of Jamesburg which has been determined to be an area in need of rehabilitation or redevelopment pursuant to the "Local Redevelopment and Housing Law," P.L. 1992, c. 79 (C. 40A:12A-1 et al.), a "blighted area" as determined pursuant to the "Blighted Areas Act," P.L. 1949, c. 187 (C. 40:55-21-1 et seq.), or which has been determined to be in need of rehabilitation pursuant to P.L. 1975, c. 104 (C. 54:4-3.72 et seq.), P.L. 1977, c. 12 (C. 54:4-3.95 et seq.) or P.L. 1979, c. 233 (C. 54:4-3.121 et seq.)
ASSESSOR
Shall mean the Municipal Tax Assessor serving the Borough of Jamesburg, who is charged with the duty of assessing real property for the purposes of general taxation.
COMMERCIAL OR INDUSTRIAL STRUCTURE
Shall mean a structure or part thereof used for the manufacturing, processing, or assembling of material or manufactured products, or for research, office industrial, commercial, retail, recreational, hotel or motel facilities, or warehousing purposes, or for any combination thereof, which the Jamesburg Borough Council determines will tend to maintain or provide gainful employment within the Borough, assist in the economic development of the Borough, maintain or increase the tax base of the Borough and maintain or diversify and expand commerce within the Borough. It shall not include any part thereof used or to be used by any business relocated from another qualifying municipality unless: the total square footage of the floor areas of the structure or part thereof used or to be used by the business at the new site together with the total square footage of that utilized by the business at its current site of operations by at least 10%; and the property that the business is relocating to has been the subject of a remedial action plan costing in excess of $250,000 performed pursuant to an administrative consent order entered into pursuant to authority vested in the Commissioner of Environmental Protection under P.L. 1970, c. 33 (C. 13:1D-1, et seq.), the Water Pollution Control Act," P.L. 1977, c. 74 (C. 58:10A-1, et seq.), the Solid Waste Management Act," P.L. 1970, c. 39 (C. 13:1e-1 et seq.), and the Spill Compensation and Control Act," P.L. 1976, c. 141 (C. 58:10-23.11, et seq.)
COMPLETION
Shall mean substantially ready for the intended use for which a building or structure is constructed, improved, or converted.
CONDOMINIUM
Shall mean a property created or recorded as a condominium pursuant to the "Condominium Act," P.L. 1969, c. 257 (C. 46:8B-1 et seq.).
CONSTRUCTION
Shall mean the provision of a new dwelling, multiple dwelling, or commercial or industrial structure, or the enlargement of the volume of an existing multiple dwelling or commercial or industrial structure by more than 30%, but shall not mean the conversion of an existing building or structure to another use.
CONVERSION OR CONVERSION ALTERATION
Shall mean the alteration or renovation of a nonresidential building or structure, or hotel, motel, motor hotel, or guest house, in such manner as to convert the building or structure from its previous use to use as a dwelling or multiple dwelling.
COOPERATIVE
Shall mean 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.
COST
Shall mean, when used with respect to abatements to dwellings or multiple dwellings, 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 Borough Council by an independent and qualified architect, following completion of the project.
DWELLING
Shall mean 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 enjoyments 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," P.L. 1967, c. 76 (C. 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," P.L. 1963, c. 168 (C. 46:8A-1, et seq.), or the "Condominium Act," P.L. 1969, c. 257 (C. 46:8B-1 et seq.), or of a cooperative, if the residential units are owned separately.
EXEMPTION
Shall mean that portion of the assessor's full and true value of any improvement, conversion alteration, or construction not regarded as increasing the taxable value of a property pursuant to this Chapter.
HORIZONTAL PROPERTY REGIME
Shall mean a property submitted to a horizontal property regime pursuant to the "Horizontal Property Act," P.L. 1963, c. 168 (C. 46:8A-1 et seq.).
IMPROVEMENT
Shall mean a modernization, rehabilitation, renovation, alteration or repair which produces a physical change in an existing building or structure that improves the safety, sanitation, decency or attractiveness of the building or structure as a place for human habitation or work, and which does not change its permitted use. In the case of a multiple dwelling, it includes only improvements which affect common areas or elements, or three or more dwelling units within the multiple dwelling. In the case of a multiple dwelling or commercial or industrial structure, it shall not include ordinary painting, repairs, and replacement of maintenance items, or an enlargement of the volume of an existing structure by more than 30%. In no case shall it include the repair of fire or other damage to a property for which payment of a claim was received by any person from an insurance company at any time during the three year period immediately preceding the filing of an application pursuant to this Act.
MULTIPLE DWELLING
Shall mean a building or structure meeting the definition of "Multiple Dwelling" set forth in the "Hotel and Multiple Dwelling Law," P.L. 1967 c. 76 (C. 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 regime.
[Ord. No. 14-05 § 3]
The Borough Council of the Borough of Jamesburg hereby finds and declares that the entire area within the municipal boundaries of the Borough of Jamesburg is an "area in need of rehabilitation" pursuant to the terms of this Chapter.
[Ord. No. 14-05 § 4]
There is hereby authorized within the "area in need of rehabilitation" referenced above the ability of taxpayers to obtain exemption(s) from taxation as follows:
a. 
Improvements to Existing Dwellings.
1. 
An exemption from taxation is hereby authorized for improvements undertaken to existing dwellings within the Borough of Jamesburg pursuant to the terms and conditions contained within this Chapter. For the purposes of this Chapter, the term "existing dwellings" shall not include the construction of new dwelling(s) on any property where the previous structure(s) or dwelling(s) on any property demolished in their entirety or where less than 60% of the original square footage remains.
2. 
Such exemption shall be permitted for improvements made to any existing dwelling that is more than 20 years old.
3. 
Such exemption shall be authorized to the extent of the first $25,000 in Assessor's full and true value of improvements for each existing dwelling unit primarily and directly affected by the improvements.
4. 
The exemption shall last for a period of five years, commencing with the first full tax year following the tax year in which the improvements are completed.
5. 
Such exemption shall permit the improvements to not increase the value of the property notwithstanding the fact that the value of the property to which the improvements are made is increased thereby.
6. 
During the exemption period, the assessment on the property shall not be less than the assessment existing thereon immediately prior to the improvements, unless there is damage to the dwelling through action of the elements sufficient to warrant a reduction.
b. 
Improvements to Existing Multiple Dwellings.
1. 
An exemption from taxation is hereby authorized for improvements undertaken to existing multiple dwellings within the Borough of Jamesburg pursuant to the terms and conditions contained within this Chapter. For the purposes of this Chapter, the term "existing multiple dwellings" shall not include the construction of new multiple dwelling(s) on any property where the previous structure(s) or dwelling(s) were demolished in their entirety or where less than 60% of the original square footage remains.
2. 
In determining the value of real property subject to the exemption, the Borough shall regard up to the Assessor's full and true value of the improvements as not increasing the value of the property.
3. 
The exemption shall last for a period of five years, commencing with the first full tax year following the tax year in which the improvements are completed.
4. 
Such exemption shall permit the improvements to not increase the value of the property notwithstanding the fact that the value of the property to which the improvements are made is increased thereby.
5. 
During the exemption period, the assessment of the property shall not be less than the assessment existing thereon immediately prior to the improvements, unless there is damage to the multiple dwelling through action of the elements sufficient to warrant a reduction.
c. 
Improvements to Existing Commercial and/or Industrial Structures.
1. 
An exemption from taxation is hereby authorized for improvements undertaken to existing commercial and/or industrial structures within the Borough of Jamesburg pursuant to the terms and conditions contained within this Chapter. For the purposes of this Chapter, the term "existing commercial and/or industrial structures" shall not include the construction of new structure(s) on any property where the previous structure(s) were demolished in their entirety or where less than 60% of the original square footage remains.
2. 
In determining the value of real property subject to the exemption, the Borough shall regard up to the Assessor's full and true value of the improvements as not increasing the value of the property.
3. 
The exemption shall last for a period of five years, commencing with the first full tax year following the tax year in which the improvements are completed.
4. 
Such exemption shall permit the improvements to not increase the value of the property notwithstanding the fact that the value of the property to which the improvements are made is increased thereby.
5. 
During the exemption period, the assessment on the property shall not be less than the assessment existing thereon immediately prior to the improvements, unless there is damage to the structure through action of the elements sufficient to warrant a reduction.
[Ord. No. 14-05 § 5]
The Assessor shall determine, on October 1st of the year following the date of the completion of an improvement, the true taxable value thereof. The amount of tax to be paid for the first full tax year following completion shall be based on the assessed valuation of the improvement not allowed an exemption pursuant to this Chapter. The property shall continue to be treated in the appropriate manner for each of the five full tax years subsequent to the original determination by the Assessor.
[Ord. No. 14-05 § 6]
There is hereby authorized within the Borough of Jamesburg the ability of taxpayers to obtain exemption(s) from taxation relating to any additional improvement(s) completed on a property granted a previous exemption pursuant to this Chapter during the period in which such previous exemption is in effect. As such, additional improvement(s) shall be entitled to an exemption just as if such property had not received a previous exemption. In such case, the additional improvement(s) shall be considered as separate for the purposes of calculating exemptions pursuant to this Chapter.
[Ord. No. 14-05 § 7]
No exemption shall be granted pursuant to this Chapter with respect to any property for which real estate taxes and/or other municipal charges are delinquent or remain unpaid, or for which penalties for nonpayment of same are due.
[Ord. No. 14-05 § 8]
No exemption shall be granted pursuant to this Chapter except upon written application therefor filed with and approved by the Borough Assessor. Every application shall be on a form prescribed by the Director of the Division of Taxation in the Department of Treasury, and provided for the use of claimants by the Borough, and shall be filed with the Assessor within 30 days, including Saturdays and Sundays, following the completion of the improvement. Every application for exemption which is filed within the time specified shall be approved and allowed by the Assessor to the degree that the application is consistent with the provisions of this Chapter. The granting of an exemption shall be recorded and made a permanent part of the official tax records of the Borough, which records shall contain a notice of the termination date thereof.
[Ord. No. 14-05 § 9]
The exemption of real property taxes provided pursuant to this Chapter shall apply to property taxes levied for municipal purposes, school purposes, fire district purposes, County government purposes and for the purpose of funding any other property tax exemption.
[Ord. No. 14-05 § 10]
During the first year following adoption of this Chapter, an appropriate notice shall be included in the mailing of annual property tax bills to each taxpayer of the Borough notifying the public that tax exemptions may be permitted for the improvement and/or rehabilitation of existing residential, multiple dwelling, commercial and/or industrial structures within the Borough of Jamesburg pursuant to the provisions of this Chapter. The notice shall advise the public that applications for exemption may be made immediately, but that such exemptions, if granted, shall not commence until the first full tax year following adoption.
[Ord. No. 14-05 § 11]
The Borough Council shall report, on or before October 1st of each year, to the Director of the Division of Local Government Services in the Department of Community Affairs and to the Director of the Division of Taxation in the Department of Treasury the total amount of real property taxes exempted within the Borough in the current tax year for each of the following:
a. 
Improvements to dwellings;
b. 
Improvements to multiple dwellings; and
c. 
Improvements to commercial and industrial structures.
[Ord. No. 14-05 § 12]
No applications shall be filed with or granted by the Borough of Jamesburg for exemption(s) pursuant to this Chapter to take initial effect for the 11th full tax year following the initial adoption of this Chapter, or to take initial effect for any tax year occurring thereafter, unless this Chapter has been readopted by the Jamesburg Borough Council prior to the said 11th tax year.
[Ord. No. 14-05 § 13]
The provisions of this Chapter shall only apply to improvements undertaken pursuant to construction permits issued by the Borough of Jamesburg, applications for which were submitted subsequent to the effective date of this Chapter.[1]
[1]
Editor's Note: Pursuant to Ordinance No. 14-05, this Chapter shall retroactively take effect July 1, 2005.