JESSUP BOROUGH COUNCIL  MARCH 6, 2024  PUBLIC HEARING ON AN ORDINANCE ADOPTING THE LOCAL ECONOMIC REVITALIZATION TAX ASSISTANCE (LERTA) PROGRAM PROVIDING FOR TAX EXEMPTION FOR CERTAIN DETERIORATED  AREAS WITHIN THE BOROUGH  AGENDA  1.  PUBLIC HEARING CALLED TO ORDER  Pledge of Allegiance Roll Call  Gregg Betti Curt Camoni Jeffrey Castellani Jerry Crinella  Tom Fiorelli Joe Mellado Roberta Galati  2. 3.  PUBLIC COMMENT ON PROPOSED ORDINANCE  ADJOURN PUBLIC HEARING    BOROUGH OF JESSUP  LACKAWANNA COUNTY, PENNSYLVANIA  ORDINANCE NO. 1-2024  AN ORDINANCE OF THE BOROUGH OF JESSUP, LACKAWANNA COUNTY, PENNSYLVANIA, PROVIDING FOR TAX EXEMPTION FOR CERTAIN DETERIORATED PROPERTIES WITHIN THE BOROUGH UNDER THE ASSISTANCE ACT; DEFINING INITIAL ELIGIBLE DETERIORATED AREAS; PROVIDING FOR AN EXEMPTION SCHEDULE; AND ESTABLISHING  LOCAL  ECONOMIC  REVITALIZATION  TAX  STANDARDS ARTICIPANIS.  AND  QUALIFICATIONS  FOR  WHEREAS, the General Assembly ofl Pennsylvania passed Act No. 760f1977,72P:S.S 4722 et. seq., known as the Local Economic Revitalization Tax Assistance Act ("LERTA"), which authorizes local taxing authorities to provide tax exemption for new construction in deteriorated areas of economically depressed communities and for improvements to certain deteriorated  industrial, commercial, and other business properties; and  WHEREAS, the Borough ofJessup, Lackawanna County, Pennsylvania (the "Borough") isal local taxing authority authorized! by LERTA toj provide tax exemption in accordance therewith;  and  WHEREAS, the Borough Council of the Borough held a public hearing on  2024 for the purpose of determining the boundaries oft the deteriorated areas in  the Borough eligible for tax exemption under LERTA; and  WHEREAS, the Borough Council has determined that it is in the best interest of the citizens of the Borough to promote economic development through the creation of a LERTA  program for the deteriorated areas within the Borough as set forth herein; and  WHEREAS, the Valley View School District (the "School District") has enacted similar legislation on January 15, 2024 and Borough Council will request that the County ofLackawanna  enact similar legislation to participate in the LERTA program.  NOW THEREFORE, BE IT ENACTED AND ORDAINED by the Borough Council  ofthe Borough of. Jessup, Lackawanna County, Pennsylvania, as follows:  Section 1. Definitions.  1    Deteriorated Property - any industrial, commercial, or other business property owned by an individual, association, or corporation, and located in a deteriorated area, as hereinafter provided, or any such property that has been the subject of an order by a government agency requiring the unit tol be vacated, condemned, or demolished by reason ofnoncomplance with laws,  ordinances, or regulations.  Improvement repair, construction, or reconstruction, including alterations and additions, having the effect of rehabilitating a Deteriorated Property SO that it becomes habitable or attains higher standards of safety, health, economic use, or amenity, or is brought into compliance with laws, ordinances, or regulations governing such standards. Ordinary upkeep and maintenance shall  not be deemed an improvement. Section 2. Eligible Areas.  The Borough determines that the area described in Exhibit. A attached hereto shall be the areas that contain and consist of Deteriorated Properties that are eligible for tax exemption under this Ordinance. Additional eligible areas may be included from time to time by the Borough in  accordance with the provisions OfLERTA. Section 3. Exemption.  1.  The amount to be exempted from real estate taxes shall be limited to that portion of  the additional assessment attributable toi the actual costs ofnew construction or the Improvements tol Deteriorated Property in accordance with the exemption scheduleestablished by this Ordinance. an exemption has been requested int the manner set forth in this Ordinance and for which a separate  2.  The exemption fromreal estate taxes shall be limited to that Improvement for which  assessment has been made by the Lackawanna County Assessor.  Section 4. Exemption Schedule.  1.  Any tax exemption granted hereunder shall commence upon the later of: (i) the first  day of the first full tax year following the issuance oft the new assessment in connection with the completion oft the Improvements; and (ii). January 1,2024; and such tax exemption shall continue for at term of 10 years from the date thereof. The schedule ofr real estate taxes to be exempted shall be in accordance with the below portion of Improvements to be exempted each year:  Length First Year Second Year Third Year Fourth Year Fifth Year Sixth Year Seventh Year Eighth Year  Percentage Exempt 90% 80% 70% 60% 50% 40% 30% 20%  2    Ninth Year Tenth Year  10% 5%  2.  Upon the completion of the 10-year exemption schedule term set forth above, the  exemption from taxes shall end and the entire property (land and building) shall be fully subject  tol Borough property taxes.  3. 4.  The exemption from taxes granted under this Ordinance shall be upon the property A: recipient of a tax exemption granted hereunder shall continue to pay all non-  and shall not terminate upon a sale or exchange of the property. exempt taxes on the land covered by the exemption. Section 5. Procedure for Obtaining Exemption.  1.  Any person desiring tax exemption under this Ordinance (an "Applicant") must  apply in writing to the Borough Office at the time the Applicant requests a construction permit for construction or an Improvement. The Applicant shall forward a copy ofthe written application to the Lackawanna County. Assessor and the business manager rofthe School District. Thea application must bei in writing on the form(s) specified by the Borough, setting forth the following information:  (a) Name and address of property owner;  (b) Block and lot number of the Deteriorated Property or Properties to which (c) The initial assessed valuation of the Deteriorated Property or Properties; (d) The description of the Improvements that the Applicant intends to make; (e) The anticipated date of completion oft the Improvements; (f) The actual or estimated costs oft the Improvements; and (g) Such additional information as may be necessary to process the application  the Applicant intends to make Improvements;  for exemption.  2. The Applicant shall notify the Lackawanna County Assessor and the Borough of the completion of the Improvements within 90 days thereof. The Lackawanna County Assessor shall upon receipt of such notice assess separately the new construction or Improvement and calculate the amounts of the assessment eligible for tax exemption in accordance with the limits established by this Ordinance, and shall notify the Applicant, the School District, and the Borough ofthe reassessment and the amounts oft the assessment eligible for the exemption.  3.  Appeals from the reassessment and the amounts eligible for the exemption may be  taken by the Borough as provided by law. Applicant waives the right to appeal any property tax assessment during the LERTA period unless the assessment exceeds $ 20 million dollars. Applicant's tax assessment appeal rights shall be fully restored five (5) years after the LERTA  period has expired. 4.  The cost oft the new construction or Improvements tol be exempted and the schedule  oft taxes exempted existing at the time oft the initial request for tax exemption shall be applicable  3    to that exemption request, and subsequent amendments to this Ordinance, ifa any, shall not apply  to such exemption request. Section 6. Effective Date.  This Ordinance shall become effective on  2024, and its terms shall  continue in effect without annual reenactment for a period of 5 years from the effective date and shall apply to any application filed at any time during that 5-year period by an Applicant in connection with a construction permit for a Deteriorated Property. Any exemption from property taxes granted hereunder shall be for 10 years and shall be determined in accordance with Section  4.  Section 7. Repealer.  Any ordinance or resolution, or part of any ordinance or resolution, that conflicts with the  provisions of this Ordinance is hereby repealed.  Section 8. Validity.  The provisions oft this Ordinance are severable. Ifany ofits sections, clauses, or sentences shall bel held illegal, invalid, or unconstitutional, such provisions shall not affect nor impair any of  the remaining sections, clauses, or sentences.  4    BOROUGH OF JESSUP ORDINANCE NO. -2024 EXHIBITA  LACKAWANNA COUNTY, PENNSYLVANIA  Property Description of Eligible Areas for Exemption  PREMISES A (Parcel ID 11502010006)  ALL OF THAT CERTAIN lot, piece or parcel ofland situate in the Borough of. Jessup, County ofI Lackawanna and Commonwealth of Pennsylvania bounded and described as follows: BEGINNING at a point located near the intersection ofSunnyside Drive and. Alberigi Drive; thence along said Sunnyside Drive, North twenty degrees fifty-one minutes thirty-seven seconds East (N2 20° 51'37" E) a distance ofs six hundred thirty-three and sixty-two hundredths feet Thence North nineteen degrees fifty-one minutes thirty-sevent seconds East (N 19°51'37" E)a distance of one hundred ten and sixteen hundredths (110.16) feet to a corner oflands now or Thence along said tract line South seventy-eight degrees fifty-two minutes thirty-six seconds East (S 78° 52'36" E) a distance of seventy-two and ninety-seven hundredths (72.97') feet to a Thence along said tract line South eighty-four degrees fifty-two minutes thirty-six seconds East (S840 52'36" E) a distance of one thousand two hundred four and fifty hundredths (1204.50) Thence South sixty-five degrees fifty-two minutes thirty-six seconds East (S 65052'36" E)a distance ofs seven hundred twenty-four and ninety-four hundredths (724.94') feet to a point; Thence South thirty-nine degrees forty-eight minutes thirty-five seconds West ($3904835"W) ac distance of one thousand six hundred thirty-seven and twenty-three hundredths (1,637.23) feet Thence North forty-nine degrees thirty minutes thirty-seven seconds West (N4 49° 30'37" W)a distance of one thousand five hundred nine and fifteen hundredths (1509.15) feet to the place of  (633.62'), to a point;  formerly owned by Lackawanna Energy Center, LLC;  point;  feet to aj point,  to aj point;  beginning.  Containing 48.3 acres, more or less.  BEING Tax Parcel No.: 11502-010-006 (Part of)  A-1    DULY ENACTED AND ORDAINED this  day of  2024,  by the Borough Council of the Borough of Jessup, Lackawanna County, Pennsylvania, in lawful  session duly assembled. ATTEST:  BOROUGH COUNCIL OF THE BOROUGH OF JESSUP, LACKAWANNA COUNTY, PENNSYLVANIA  By:  Secretary  President, Borough Council  And now, this approved.  day of  2024, the foregoing Ordinance is hereby  Joseph J. Buckshon, Jr., Mayor  5    CERTIFICATE  I, the undersigned, Secretary of the Borough of Jessup, Lackawanna County,  Pennsylvania (the Borough") certify that: thei foregoing isa at true and correct copy ofa an Ordinance that was duly enacted by the Borough Council ofthel Borough, in accordance with law, at ai meeting been certified and recorded by me, as Secretary of the Borough, in the book provided for the purpose of such recording; this Ordinance, upon enactment, was assigned Ordinance No. presently, the total number of members of the Borough Council of the Borough is 7; the vote of the members oft the Borough Council oft the Borough, upon enactment oft this Ordinance, the yeas and nays having been called, was duly recorded by me as Secretary as follows:  duly held on  2024, at which meeting a quorum was present; this Ordinance has  Roberta Galati, President Jerry Crinella, Vice President Yea Gregg Betti Joseph Mellado Thomas Fiorelli Curt Camoni Jeffrey Castellani  Yea Yea Yea Yea Yea Yea  Nay Nay Nay Nay Nay Nay Nay  This Ordinance has been advertised as required by law, in a proper newspaper of  general circulation in the Borough; and this Ordinance has not been amended, altered, or repealed  as of the date of this Certificate.  Ifurther certify that the Borough Council of the Borough met the advance notice  and public comment requirements ofthe Sunshine Act, 65 Pa. C.S.Ch. 7, by advertising the time and plaçe oft the meeting, by posting prominently ai notice of the meeting at the principal office of the Borough or at the public building in which the meeting was held, and by providing ar reasonable opportunity for public comment at such meeting, all in accordance with such Act.  IN WITNESS WHEREOF,Iset my hand and official seal oft thel Borough, this  day of  2024.  Secretary  (SEAL)