(A) An application for the five-year tax exemption and must be filed with the Township Clerk no sooner than the date the applicant receives preliminary site plan approval for the project from the applicable reviewing board and no later than the date the applicant receives a building permit to construct an eligible structure on the property.
(B) The Clerk shall make a determination as to whether the applicant has provided all of the materials and information required under this chapter. If the Clerk determines that all of the materials and information have been provided, the application will be deemed complete and the Clerk shall forward the application to the Township Committee for determination, including with the application the date that the application is deemed complete and the date that the 45 day period referenced in division (E) below shall expire.
(C) If the Township Committee determines that the project complies with the intent and purpose of this chapter and qualifies for participation in the five year tax exemption, the Township Committee shall adopt an ordinance authorizing the Township to enter into a five year tax exemption and abatement agreement in form and substance reasonably acceptable to the Township.
(D) No exemptions shall be granted for any property for which property taxes or any other municipal charges are delinquent or remain unpaid or for which penalties for nonpayment are due.
(E) Each application shall be reviewed and acted upon on an individual basis by project. The Township Committee shall either approve or deny the application within 45 days after the application is deemed complete. Failure of the Township Committee to act within the required time shall be deemed a denial without prejudice, allowing the applicant to reapply. If the application is denied, the notice of the decision shall state the reasons for the denial.
(F) The agreement shall provide that the payment in lieu of taxes shall be billed and collected in the same manner as conventional taxes, and any arrearages, in addition to accruing interest at the rate charged for delinquent real estate taxes, shall be subject to lien and foreclose.
(G) The agreement shall also provide that it is terminable by the Township if, within ten days after receiving written notice of the amount due, the taxpayer fails to pay all amounts due under the agreement in full. If the Township exercises this right, upon termination, the local property taxes due for all the prior years subject to exemption and for the current year shall be payable as if no exemption had been granted. The Township Committee shall notify the property owner and the Tax Collector of such disqualification and the Tax Collector shall notify the property owner within 15 days of the date of termination of the amount of taxes due.
(H) The Township Clerk shall forward a copy of all executed tax exemption agreements to the Director of the Division of Local Government Services in the Department of Community Affairs within 30 days after the date of execution.
(I) In the event that a property owner subject to a tax exemption and abatement agreement ceases to operate or disposes of the property or fails to meet the conditions for qualifying for the exemption, the local property taxes due for all the prior years subject to exemption and for the current year shall be payable as if no exemption had been granted. The Township Committee shall notify the property owner and the Tax Collector of such disqualification and the Tax Collector shall notify the property owner within 15 days of the date of disqualification of the amount of taxes due. In the event the subject property has been transferred to a new owner and it is determined that the new owner will continue to use the property pursuant to the qualifying conditions, no tax shall be due, the exemption shall continue and the agreement shall remain in effect.
(Ord. 355-19, passed 10-28-19)