New Jersey § 54:4-3

§ 54:4-3.

a. Each approved exemption shall be evidenced by a financial agreement between the

municipality and the applicant. The agreement shall be prepared by the applicant and shall contain the representations

that are required by the enabling ordinance. The agreement shall provide for the applicant to annually pay to the municipality

an amount in lieu of real property taxes, to be computed according to subsection b.

of this section. With the approval of the governing body, the agreement may be assigned to a subsequent

owner of the environmental opportunity zone. b. Payments in lieu of real property taxes may be computed as a portion of the real

property taxes otherwise due, according to the following schedule: (1) In the first tax year following execution of a memorandum of agreement or administrative

consent order, no payment in lieu of taxes otherwise due; (2) In the second tax year following execution of a memorandum of agreement or administrative

consent order, an amount not less than 10% of taxes otherwise due; (3) In the third tax year following execution of a memorandum of agreement or administrative

consent order, an amount not less than 20% of taxes otherwise due; (4) In the fourth tax year following execution of a memorandum of agreement or administrative

consent order, an amount not less than 30% of taxes otherwise due; (5) In the fifth tax year following execution of a memorandum of agreement or administrative

consent order, an amount not less than 40% of taxes otherwise due; (6) In the sixth tax year following execution of a memorandum of agreement or administrative

consent order, an amount not less than 50% of the taxes otherwise due; (7) In the seventh tax year following execution of a memorandum of agreement or administrative

consent order, an amount not less than 60% of the taxes otherwise due; (8) In the eighth tax year following execution of a memorandum of agreement or administrative

consent order, an amount not less than 70% of the taxes otherwise due; (9) In the ninth tax year following execution of a memorandum of agreement or administrative

consent order, an amount not less than 80% of the taxes otherwise due; (10) In the tenth and all subsequent tax years following execution of a memorandum

of agreement or administrative consent order, the exemption shall expire and the full

amount of the assessed real property taxes, taking into account the value of the real

property in its remediated state, shall be due. Where a property tax exemption has been extended because of the proposed implementation

of a limited restricted use remedial action or unrestricted use remedial action, the

municipality may provide for a different schedule for the payment in lieu of real

property taxes which payments may not exceed the length of the property tax exemption. c. For the purposes of this section, only the amount of “taxes otherwise due” shall be determined by using the assessed valuation

of the environmental opportunity zone at the time of the approval by the assessor

of the exemption, regardless of any improvement made to the environmental opportunity

zone thereafter and as if the designation of the environmental opportunity zone had not occurred . d. Notwithstanding any other provision in P.L.1995, c. 413 ( C.54:4-3.150 et seq. ), if at any time the governing body of the municipality finds that the memorandum

of agreement for remediation of the environmental opportunity zone has been terminated

at the option of the applicant, unless if an administrative consent order is issued

in its place, or that any of the conditions in the ordinance as required by subsection

e. of section 5 of P.L.1995, c. 413 ( C.54:4-3.154 ) are not met, the period of the property tax exemption shall end.