[HISTORY: Adopted by the Borough Council
of the Borough of Seaside Heights 12-22-1999 by Ord. No. 99-36. Amendments
noted where applicable.]
The recitation set forth in the preamble above
is hereby incorporated in the chapter.[1] This chapter allows the formation of a Special Improvement
District, pursuant to N.J.S.A. 40:56-65 et seq., within the Borough
of Seaside Heights and designates the Seaside Heights Special Improvement
District Management Corporation to assist the governing body in effectuating
the purposes and intent of that legislation and the goals and objectives
of the Special Improvement District. The governing body hereby determines
that the creation of the Special Improvement District will enhance
the safety, welfare and economic growth of the Borough of Seaside
Heights business community and the Borough of Seaside Heights as a
whole.
[1]
Editor's Note: The preamble to Ord. No. 99-36
is on file in the Borough offices.
A.
The Seaside Heights Special Improvement District ("District")
is hereby established consisting of the properties designated and
listed on Schedule A,[1] annexed hereto, by tax block and lot numbers and street addresses. The Special Improvement District will be governed by a District Management Corporation as defined in § 197-5 of this chapter.
[1]
Editor's Note: Schedule A is on file in the
Borough offices.
B.
Schedule A of this chapter may be amended by resolution
to add and delete particular properties which were inadvertently omitted
from or added to the list, as well as properties which have a change
in use affecting the appropriateness of including them as part of
the Special Improvement District. Any change in the classes of properties
to be considered part of the Special Improvement District will require
an ordinance.
All costs of improvements and maintenance, other
than the costs of improvements and maintenance ordinarily incurred
by the Borough out of general funds, shall be determined and approved
pursuant to N.J.S.A. 40:56-80 or N.J.S.A. 40:56-85 as determined by
the District Management Corporation. The formula for the assessment
is as follows: Each property's current assessed value, as determined
by the Seaside Heights Tax Assessor for real estate purposes, will
be multiplied by the appropriate amount to sustain the approved annual
budget to determine the amount of the special district assessment.
The foregoing assessment shall be collected by the Borough of Seaside
Heights as a special assessment against the properties that are within
the District as defined in Schedule A.
[Amended 2-7-2001 by Ord. No. 2001-6]
A.
The District Management Corporation shall submit an
annual report to the governing body pursuant to N.J.S.A. 40:56-80
within 30 days of the close of the fiscal year. This report shall
consist of a narrative covering the previous year's operation and
detailed financial statements.
B.
The District Management Corporation shall submit a
detailed business plan and budget for the upcoming year, no later
than October 15 of the current fiscal year, for the approval by resolution
of the governing body, pursuant to the provision of N.J.S.A. 40:56-84.
The budget shall be submitted with a report which explains how the
budget contributes to the goals and objectives for the Special Improvement
District.
C.
The fiscal year of the District and the Management
Corporation shall be January 1 to December 31.
D.
Pursuant to N.J.S.A. 40:56-88 the District Management
Corporation shall also cause an audit of its books, accounts and financial
transactions to be made and filed with the governing body, and for
that purpose the corporation shall employ a certified public accountant
of New Jersey. This audit shall be completed and filed with the governing
body within four months after the close of the fiscal year of the
Corporation. A certified duplicate copy of the audit shall be filed
with the Director of the Division of Local Government Services in
the State of New Jersey Department of Community Affairs within five
days of the filing of the audit with the governing body.
[Amended 2-7-2001 by Ord. No. 2001-6]
A.
The governing body of the Borough of Seaside Heights
hereby designates the Seaside Heights Special Improvement District
Management Corporation ("District Management Corporation"), a nonprofit
corporation incorporated as the Seaside Heights Business Improvement
District Management Corporation, as the District Management Corporation
for the District.
B.
The Seaside Heights Special Improvement District Board
of Directors, also known as "Board of Directors of the Seaside Heights
Business Improvement District Management Corporation," shall be composed
of a maximum of 22 voting members appointed by the Mayor and approved
by the Council of the Borough of Seaside Heights. The Board of Directors
shall be composed of the following:
[Amended 2-19-2003 by Ord. No. 03-06]
(1)
One member of the governing body of the Borough of
Seaside Heights selected from the governing body of the Borough of
Seaside Heights.
(2)
The Public Affairs Director or other Borough employee
appointed by the Mayor of the Borough of Seaside Heights.
(3)
Two members who are retail business owner/operators
within the District and whose business is located on the Boardwalk
from the south side of Sherman Avenue to Porter Avenue.
(4)
Two members who are retail business owner/operators
within the District and whose business is located on the Boardwalk
from the north side of Sherman Avenue to Hiering Avenue.
(5)
One member who is a retail business operator and/or
tenant who rents the property, the business being located on the Boardwalk
from Porter Avenue to Hiering Avenue.
(6)
Two members who are retail business operators whose
business is located on the Boulevard from Porter Avenue to Hiering
Avenue.
(7)
One member from the nonretail professional business
within the District.
(8)
Two owner/operators of lodging accommodations within
the District.
(9)
Two residents of the Borough of Seaside Heights who
own their residence in the District, do not own or operate a business
or commercial establishment in the Borough of Seaside Heights and
are over the age of 21.
(10)
Two owner/operators of a dining and entertainment
establishment on the Boulevard from Porter Avenue to Hiering Avenue.
(11)
One retail business owner/operator of a dining
and entertainment establishment on the west side of the Boulevard.
(12)
One owner/operator of a licensed parking lot
in the District.
(13)
Two other members of the business community
included in the District.
(14)
Two member-at-large.
[Amended 2-19-2003 by Ord. No. 03-06]
(15)
The Executive Director of the Seaside Heights
Special Improvement District as a voting member only if there is a
tie vote (50/50) and this vote will break the tie.
C.
The District Management Corporation shall be composed
of all the directors of the aforementioned District, appointed by
the Mayor and approved by the Council of the Borough of Seaside Heights.
The officers (President, Vice President, Treasurer and Secretary)
of the Corporation will be members of the Board of Directors and elected
by a majority vote of the Board.
D.
The District Management Corporation, in addition to
acting as an advisory board to the governing body, shall have all
powers necessary and requisite to effectuate the purposes of this
chapter, including, but not limited to:
(1)
Adopt bylaws for the regulation of its affairs and
the conduct of its business and prescribe rules, regulations and policies
for the performance of its functions and duties.
(2)
Employ such persons as may be required and fix and
pay their compensation from funds available to the Corporation.
(3)
Apply for, accept, administer and comply with requirements
respecting an appropriation of funds or a gift, grant or donation
of property or money.
(4)
Make and execute agreements which may be necessary
or convenient to the exercise of the powers and functions of the Corporation,
including contract with any person, firm, corporation, government
agency or entity.
(5)
Administer and manage its own funds and accounts and
pay its own obligations.
(6)
Borrow money from private lenders or government entities
for periods not to exceed 180 days.
(7)
Provide security, sanitation and other services in
the District, supplemental to those normally supplied by the Borough.
(8)
Undertake improvements designed to increase safety
and attractiveness of the District to businesses which may locate
there or visitors to the District, including, but not limited to,
litter cleanup and control, landscaping, signage and those improvements
generally permitted for pedestrian malls under N.J.S.A. 40:56-66 pursuant
to pertinent regulations of the governing body.
(9)
Publicize the District and the businesses included
within the District boundaries.
(10)
Fund the improvement of the exterior appearance of properties
in the District through grants or loans.
[Added 12-19-2019 by Ord.
No. 2019-21]
(11)
Fund the rehabilitation of properties in the District.
[Added 12-19-2019 by Ord.
No. 2019-21]
(12)
Accept, purchase, rehabilitate, sell, lease or manage property
in the District.
[Added 12-19-2019 by Ord.
No. 2019-21]
(13)
Enforce the conditions of any loan, grant, sale or lease made
by the corporation.
[Added 12-19-2019 by Ord.
No. 2019-21]
(14)
Recruit new businesses to fill vacancies in, and to balance
the business mix of, the District.
[Added 12-19-2019 by Ord.
No. 2019-21]
(15)
Organize special events in the District.
[Added 12-19-2019 by Ord.
No. 2019-21]
(16)
Provide special parking arrangements for the District.
[Added 12-19-2019 by Ord.
No. 2019-21]
(17)
Provide temporary decorative lighting in the District.
[Added 12-19-2019 by Ord.
No. 2019-21]
Notwithstanding the creation of the Special
Improvement District, the Borough of Seaside Heights expressly retains
all its powers and authority over the area designated as the Special
Improvement District.
This chapter obligates the Seaside Heights Special
Improvement District to satisfy all debts, loans and financial liabilities
incurred by the corporation. The District and the District Management
Corporation may not borrow an amount that exceeds the approved budget
for that fiscal year. The charter of the Seaside Heights Special Improvement
District shall include a clause incorporating the aforementioned.
