[HISTORY: Adopted by the Township of Howell
as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. O-91-68 (§ 31-7
of the 1974 Code)]
The figure of 6% is hereby established as the
penalty for all tax delinquency in excess of $10,000 for all who fail
to pay that delinquency prior to the end of the fiscal year, in the
Township of Howell.
[Adopted by Ord. No. O-92-24 (§ 3-26
of the 1974 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Any act of the Township Council which it is requested to
take on behalf of any property owner, developer or contract purchaser
of property located within the Township, which rests within the sound
discretion of the Township Council and which it is not obligated by
law to approve, issue or endorse. Such acts include, by way of example
and not by way of limitation, the issuance of any permit or license
under any ordinance of the Township which relates in any way to the
use or development of any property or the conduct of any business
enterprise thereon; the endorsement or approval of any application
for a mobile home park license, subdivision or site plan extensions,
road opening permit, utility opening permit, sewer extension permit;
or any other permit or license issued by any other governmental agency
which requires the endorsement of the Township Council.
A.
Prior to the issuance of any permit or the taking
of any discretionary act by the Township Council, the Township Clerk
shall ascertain the status of real property tax and assessment payments
for the property which will directly or indirectly benefit from the
permit or discretionary act, and shall report such information to
the Township Council. The Township Council shall include in any resolution
adopted authorizing the taking of any such discretionary act a condition
that, prior to the execution of any permit, license or endorsement
or the performance of any other discretionary act, a certification
be received by the Township Clerk from the Tax Collector that all
real property taxes and assessments pertaining to the property directly
or indirectly benefited by the discretionary act are current and that
no real property taxes or assessments are then due and owing.
B.
No Township official or employee shall issue any permit
or license, execute any endorsement on a permit, license or application
or perform any other discretionary act on behalf of the Township until
such time as the employee or official has received a certification
from the Tax Collector that all real property taxes and assessments
pertaining to the property directly or indirectly benefited by the
permit, license or discretionary act are current and that no such
taxes or assessments are then due and owing.
All ordinances of the Township of Howell pertaining
to the issuance of permits, licenses or other approvals or endorsements
shall be and are hereby amended to include as a precondition to such
issuance a requirement that all real property taxes and assessments
pertaining to the property to be benefited directly or indirectly
by such discretionary act shall be current and that no such taxes
or assessments shall be due and owing at the time the permit or license
is issued or discretionary act performed, except in such cases where
such a condition would violate an applicable provision of state law.
The restrictions contained herein pertain only
to the property for which the discretionary act being requested shall
arise out of or relate.
The provisions of this article shall be enforced
in compliance with N.J.S.A. 40:52-1.2 and shall not pertain to the
issuance of certificates of occupancy, continued certificates of occupancy
and building permits.
