[Adopted 11-25-1996 by Ord. No. 47-96[1]]
[1]
Editor’s Note: This ordinance was readopted 2-11-2013
by Ord. No. 2013-03.
A.
The Township Council of the Township of Old Bridge
transmitted proposed resolutions to the Planning Board of the Township
of Old Bridge describing certain areas in need of rehabilitation,
known and designated respectively as the "Parkway Zone" and the "Hospital
Zone."
B.
The Township Planning Board endorsed the designation
of these two areas as areas in need of rehabilitation and, on May
13, 1996, the Township Council adopted resolutions finding and designating
the said areas to be in need of rehabilitation or redevelopment pursuant
to the Local Redevelopment and Housing Law of the State of New Jersey
(N.J.S.A. 40A:12A-1 et seq.).
C.
The present ordinance is inactive pursuant to N.J.S.A.
40A:21-8, which requires the municipal governing body to set forth
procedures for entering into agreements for exemption and abatement
of real property taxes. Prior to the execution of a specific agreement
of tax abatement, the Township Council will be required to approve
by ordinance an agreement for a particular project or projects.
The following procedure is hereby established
for entering into agreements for exemption or abatement of real property
taxes:
A.
The applicant shall complete a written application
for exemption which sets forth the following information and/or certifications:
(1)
The name of the applicant. If the applicant is a corporation,
the standards for disclosure of ownership shall be the same as the
Township employs in connection with liquor license transferees.
(2)
The name of the owner of the property. If the owner
of the property is a corporation, the standards for disclosure of
ownership shall be the same as the Township employs in connection
with liquor license transferees.
(3)
The application shall be supported by a certification
and plot plan from a professional engineer which designates and certifies
that the project proposed is within the Hospital Zone or Parkway Zone,
as those zones are more particularly described in the resolutions
adopted by the Township Council of May 13, 1996, with respect to the
two areas.
(4)
The applicant shall supply sufficient information
in support of the application for tax abatement to satisfy the Mayor
and his or her Director of Community Development that the use proposed
is as follows:[1]
(a)
Hospital Zone.
[1]
Physicians' offices and related services in
single offices or medical centers (including but not limited to chiropractors,
gynecologists, neurologists, obstetricians, etc.).
[a]
Dental offices and related services.
[b]
Hospitals.
[c]
Medical laboratories.
[d]
Dental laboratories.
[e]
Convalescent, rest home or elder-care facilities.
[f]
Medical clinics.
[g]
Blood banks.
[h]
Related medical and health services, including
nursing, physical therapy, podiatry, psychiatry, home health care,
optometrists, and related fields of medical or health care.
(5)
In order to be eligible for tax abatement within the
Parkway Zone, an applicant shall demonstrate that its proposed project
incorporates a total floor area ratio equal to a minimum of 90% permissible
for the project's zone lot, as defined in the Land Development Ordinance
of the Township of Old Bridge.
(6)
The applicant shall supply and supplement as necessary
any and all information required to demonstrate that the proposed
project will not violate applicable federal, state or local laws or
regulations, including but not limited to pollution control, worker
safety, discrimination in employment, discrimination in the provision
of housing, zoning, planning and building code requirements.
(7)
Each application shall contain a description of the
number, classes and types of employees to be employed at the project
within two years of its completion.
(8)
Each application shall contain a statement of the
reasons for seeking tax abatement on the project and a description
of the benefits to be realized by the applicant if tax abatement is
granted.
(9)
The application shall contain estimates of the cost
of completing the project.
(10)
The application shall contain a metes and bounds description
of the real estate which is covered by the project.
(11)
The applicant shall support the application with a
statement showing: a) the real property taxes currently being levied
on the vacant land at the project site; b) the assessment of the property
at the time of application; c) the estimated tax payments that would
be made annually by the applicant during the period of tax abatement;
d) the estimated tax payments that would be made on the project's
site after the termination of the tax abatement.
(12)
The application shall contain a description of any
lease agreements or other agreements between the applicant and proposed
users of the project, including a history and description of the user's
business.
B.
The Mayor shall direct the Department of Community
Development to undertake a study and analysis of the application.
The Mayor may make such further inquiries as may be necessary to determine
the desirability of entering a tax abatement agreement with the applicant.
Upon completion of such study, the Mayor shall set forth his or her
recommendations in writing concerning the proposed abatement.
C.
Upon receipt of the Mayor's written recommendations,
the Township Council shall consider the enactment of an ordinance
to allow the tax abatement agreement to be entered. Prior to the introduction
of any such ordinance, the proposed agreement shall be drafted and
placed on file with the Municipal Clerk. Such agreement shall set
forth the method by which the abatement of local real property taxes
shall be calculated (either cost basis or gross revenue basis pursuant
to N.J.S.A. 40A:21-10a and b). The agreement shall also set forth
the tax phase-in schedule set forth in N.J.S.A. 40A:21-10(c).
D.
The ordinance conferring tax abatement for a particular
project shall be effective following the effective date of adoption
of the tax abatement ordinance. No ordinance shall be enacted without
strict compliance with the laws of the State of New Jersey, including
the requirement for public hearing and publication prior to the adoption
of the ordinance.
E.
Following adoption of the aforesaid ordinance, the
Mayor and Township Clerk shall sign the tax abatement agreement.
A.
Nothing in this agreement shall be deemed to negate
or invalidate the tax abatement agreement previously conferred by
the Township of Old Bridge on October 20, 1980, to Edward J. Rondinelli,
Manager and General Partner of Edward J. Rondinelli and Alexandria
M. Rondinelli, Partners (Successor to Rondell Construction Company
and Daleron Investments) with respect to real property located at
Block No. 2150, Lot No. 4, on the official Tax Map of the Township
of Old Bridge.
B.
The aforesaid tax abatement agreement remains in effect
for a period of not more than five years from the date of project
completion which shall in no case commence later than January 1, 2007.
