New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 12 - LOCAL PROPERTY TAX: GENERAL › Subchapter 10 - REAL PROPERTY DEFINED › Section 18:12-10.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall
				  have the following meanings, unless the context indicates otherwise:
"Affixed" means fastened or attached physically.
"Appurtenance" includes any tangible personal property affixed to
				  land or improvements thereon.
"Functionally essential" refers to machinery, apparatus or
				  equipment necessary for the habitability of the structure, including, but not
				  limited to, such items as air conditioning and heating equipment or apparatus,
				  lighting and bathroom fixtures, elevators, escalators, electrical wiring, plumbing,
				  etc.
"Machinery, apparatus, or equipment" means any machine, device,
				  mechanism, instrument, tool, tank, or item of tangible personal property used or
				  held for use in business. The term includes, but is not limited to, that machinery,
				  apparatus, or equipment described in
N.J.A.C.
				  18:24-4.2
. The term also includes
				  machinery, apparatus, or equipment directly used in the production or sale of gas,
				  water, steam, electricity, or telecommunications services and such items directly
				  used in the production of property on farms as defined in
N.J.S.A.
				  54:32B-8
.l6.
"Material injury" in the case of real property means serious
				  physical damage to the real property. Some of the factors which can be considered in
				  determining whether "serious physical damage" has occurred are any appreciable
				  change in the market value of the real property as a result of removal, the amount
				  of time and the cost required to repair the condition caused by removal and the
				  hazard or dislocation caused by the removal.
"Material injury" in the case of property severed or removed from
				  the real property means physical damage to the personal property sufficient to
				  destroy its utility.
"Not ordinarily intended to be affixed permanently to real
				  property" means that, in the custom and usage of the trade, like personal property
				  is not intended to be permanently affixed. Indicators that personal property of a
				  like kind is not ordinarily intended to be affixed permanently to real property
				  include the following:
1. In the event of sale of the realty, the personal property
				  would not ordinarily pass with title to the realty;
2. In the case of a business, the personal property ordinarily
				  would be removed from the real property in the event of the relocation of the
				  business; and
3. Similar items of personal property are frequently resold
				  separate from the real property.
"Production process" means the process of commencing with the
				  introduction of raw materials or components into a systematic series of
				  manufacturing, assembling, refining, or processing operations and ceasing when the
				  product is in the form in which it will be sold to the ultimate consumer.
"Structure" means any assemblage of building or construction
				  materials fixed in place for the primary purpose of supporting, sheltering,
				  containing, or enclosing persons or property. The term "structure" does not include
				  machinery, apparatus, or equipment that the structure is designed to hold in place,
				  shelter, contain, or enclose.
"Used or held for use in business" means any item of machinery,
				  apparatus, or equipment used or held for use in business transaction, activity, or
				  occupation conducted for profit in New Jersey.