For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSOCIATION. A partnership, limited partnership, or any other form of unincorporated enterprise owned or conducted by two or more persons other than a private trust or decedent’s estate.
BOARD. The Board of Supervisors of Conemaugh Township, Somerset County, Pennsylvania.
CORPORATION. A corporation, joint-stock association, business trust, or banking institution which is organized under the laws of this Commonwealth, the United States, or any other state, territory, foreign county or dependency, or any other organization authorized to be made subject to this tax by the authorizing legislation.
DOCUMENT. Any deed, instrument or writing which conveys, transfers, demises, vests, confirms or evidences any transfer or demise of title to real estate, but does not include wills, mortgages, deeds of trust or other instruments or like character given as security for a debt and deeds or releases thereof to the debtor, land contracts whereby the legal title does not pass to the grantee until the total consideration specified in the contract has been paid or any cancellation thereof unless the consideration is payable over a period of time exceeding 30 years or instruments which solely, grant, vest or confirm a public utility easement. DOCUMENT shall also include a declaration of acquisition required to be presented for recording under this subchapter.
FAMILY FARM CORPORATION. A corporation of which at least 75% of its assets are devoted to the business of agriculture and at least 75% of each class of stock of the corporation is continuously owned by members of the same family. The business of agriculture shall not be deemed to include:
(1) Recreational activities such as, but not limited to, hunting, fishing, camping, skiing, show competition or racing;
(2) The raising, breeding or training of game animals or game birds, fish, cats, dogs or pets or animals intended for use in sporting or recreational activities;
(3) Fur farming;
(4) Stockyard and slaughterhouse operations; or
(5) Manufacturing or processing operations of any kind.
MEMBERS OF THE SAME FAMILY. Any individual, such individual’s brothers and sisters, the brothers and sisters of such individual’s parents and grandparents, the ancestors and lineal descendants of any of the foregoing, a spouse of any of the foregoing, and the estate of any of the foregoing. Individuals related by the half-blood or legal adoption shall be treated as if they are related by the whole-blood.
PERSON. Every natural person, association or corporation. The term person as applied to associations shall include the responsible members or general partners thereof, and as applied to corporations, the officers thereof.
REAL ESTATE.
(1) All lands, tenements or hereditaments within this township, including without limitation, buildings, structures, fixtures, mines, minerals, oil, gas, quarries, spaces with or without upper or lower boundaries, trees, and other improvements, immovables or interest which by custom, usage or law pass with a conveyance of land, but excluding permanently attached machinery and equipment in an industrial plant;
(2) A condominium unit; or
(3) A tenant-stockholder’s interest, in an cooperative housing corporation, trust or association under a proprietary lease or occupancy agreement.
REAL ESTATE COMPANY. A corporation or association which is primarily engaged in the business of holding, selling or leasing real estate 90% or more of the ownership in which is held by thirty five or fewer persons and which:
(1) Derives 60% or more of its annual gross receipts from the ownership or dispositions of real estate; or
(2) Holds real estate, the value of which comprises 90% or more of the value of its entire tangible asset holdings exclusive of tangible assets which are freely transferable and activity traded on an established market.
TITLE TO REAL ESTATE.
(1) Any interest in real estate which endures for a period of time, the termination of which is not fixed or ascertained by a specific number of years, including without limitation an estate in fee simple, life estate, or perpetual leasehold; or
(2) Any interest in real estate enduring for a fix period of years but which, either by reason of the length of the term or the grant of a right to extend the term by renewal or otherwise, consists of a group of rights approximating those of an estate in fee simple, life estate or perpetual leasehold, including without limitation a leasehold interest or possessory interest under a lease or occupancy agreement for a term of 30 years or more or a leasehold interest or possessory interest in real estate in which the lessee has equity.
TOWNSHIP. Conemaugh Township, Somerset County, Pennsylvania.
TRANSACTION. The making, executing, delivering, accepting or presenting for recording of a document.
VALUE.
(1) In the case of any bona fide sale of real estate at arm’s length for actual monetary worth, the amount of the actual consideration therefor, paid or to be paid, including liens or other encumbrances thereon existing before the transfer and not removed thereby, whether or not the underlying indebtedness is assumed, and ground rents, or a commensurate part thereof where such liens or other encumbrances and ground rents also encumber or are charged against other real estate; provided, that where such documents shall set forth a nominal consideration, the value thereof shall be determined from the price set forth in for actual consideration for the contract of sale;
(2) In the case of a gift, sale by execution upon a judgment or upon the foreclosure of a mortgage by a judicial officer, transactions without consideration or for consideration less than the actual monetary worth of the real estate, a taxable lease, an occupancy agreement, a leasehold or possessory interest, any exchange of properties, or the real estate of an acquired company, the actual monetary worth of the real estate determined by adjusting the assessed value of the real estate for local real estate tax purposes for the common level ratio factor developed by the Pennsylvania Department of Revenue for Pennsylvania realty transfer tax base calculations;
(3) In the case of an easement or other interest in real estate the value of which is not determinable under subsections (1) or (2) above, the actual monetary worth of such interest; or
(4) The actual consideration for or actual monetary worth of any executory agreement for the construction of buildings, structures or other permanent improvements to real estate between the grantor and other persons existing before the transfer and not remove thereby or between the grantor, the agent or principle of the grantor of a related corporation association or partnership and the grantee existing before or effective with the transfer.
(Ord. 701, passed 9-18-2019)