[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:
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.
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.)
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.
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.)
Shall mean substantially ready for the intended use for which
a building or structure is constructed, improved, or converted.
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.).
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.
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.
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.
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.
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.
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.
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.).
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.
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:
[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.
