[HISTORY: Adopted by the Borough Council of the Borough of
Carteret 12-18-2003 by Ord. No.
03-47. Amendments noted where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 232.
As used in this chapter, the following terms shall have the
meanings indicated:
Special Improvement District of Carteret, New Jersey, Inc.
(also referred to as "the management corporation"), an entity incorporated
pursuant to Title 15A of the New Jersey Statutes and designated by
municipal ordinance to receive funds collected by a special assessment
within the Special Improvement District, as authorized by this chapter
and any amendatory supplementary ordinances.
An area within the Borough of Carteret designated by this
chapter as an area in which a special assessment on property within
the District shall be imposed for the purposes of promoting the economic
and general welfare of the District and the municipality.
The Mayor and Council find and declare:
B.
That a district management corporation would provide administrative
and other services to benefit the businesses, employees, residents
and consumers in the Special Improvement District. These services
shall be over and above the services already provided to the District
of the Borough.
C.
That a special assessment shall be imposed and collected by the Borough
with the regular property tax payment or payment in lieu of taxes
or otherwise, and that all or a portion of these payments shall be
transferred to the district management corporation to effectuate the
purposes of this chapter, and to exercise the powers given to it by
this chapter.
D.
That it is in the best interests of the municipality and the public
to create a Special Improvement District and to designate a district
management corporation.
E.
That the business community should be encouraged to provide self-help
and self-financing programs to meet local business needs, goals and
objectives.
A.
There is hereby created and designated within the Borough of Carteret
a special improvement district to be known as the "Carteret Special
Improvement District" consisting of the properties designated and
listed on Schedule A[1] by tax lot and block number and street addresses. The
Special Improvement District shall be subject to special assessments
on all affected property within the District which assessment shall
be imposed by the Borough of Carteret for the purposes of promoting
the economic and general welfare of the District and the municipality.
[1]
Editor's Note: Schedule A is on file in the Borough offices.
B.
All business properties within the Special Improvement District,
including all private, nonresidential assessed properties, and all
residential property consisting of five residential units or more,
are deemed included in the assessing and taxing provisions of this
chapter and are expressly subject to potential tax or assessment made
for Special Improvement District purposes.
C.
All properties within the Special Improvement District that are tax
exempt and do not otherwise make payments in lieu of taxes to the
Borough, or are used exclusively for residential purposes except as
provided for by this chapter, are deemed excluded from the assessing
or taxing provisions of this chapter and are expressly exempt from
any tax or assessment made for Special Improvement District purposes.
D.
All properties within the Special Improvement District that are of
a mixed use, a portion of which is used for residential purposes and
the residential use is 75% or more of the fair market value of the
property and the property contains only four residential units or
less, and exclusively residential property consisting of four residential
units or less, as determined by the Borough Assessor, are deemed excluded
from the assessing or taxing provisions of this chapter and are expressly
exempt from any tax or assessment made for Special Improvement District
purposes.
Any owner of the property included within the Special Improvement District and subject to the assessing and taxing provisions of this chapter may appeal to the Tax Assessor of the Borough of Carteret requesting to be excluded from the District and from any assessment and taxing provisions of this chapter. This appeal is only as to whether or not a property should be included within the District under the standards set forth in § 217-3 of this chapter. It is not an appeal with regard to any taxes. Appeals with regard to taxes should be taken in the usual manner to the Middlesex County Board of Taxation or to the Tax Court. This appeal seeking exclusion from the District and any assessment and taxing provisions of this chapter shall be in writing and specifically detail the factual basis for the appeal. The Assessor shall investigate the matter and conduct an informal hearing or conference within 30 days of receipt of the appeal. Within 10 days after the conclusion of the informal hearing or conference, the Assessor shall file a report and recommendation with the governing body. The governing body shall review the matter and act within 30 days upon receipt of the report and recommendation from the Assessor.
A.
Operation and maintenance of District. Annual operation and maintenance
costs relating to services peculiar to the District, as distinguished
from services normally provided by the Borough, will provide benefits
primarily to the properties included within the District rather than
to the Borough as an entirety. These annual costs shall be assessed
and taxed to the benefited properties pursuant to the provisions of
this chapter and N.J.S.A. 40:56-65 et seq.
B.
Development, construction or acquisition costs. All costs of development,
construction and acquisition relating to improvements to the District
shall be financed and assessed to properties especially benefited
thereby. The Borough may, by separate ordinance, or by amendment to
this chapter, provide that improvements and facilities hereinafter
acquired or developed shall be operated and maintained and the costs
taxed to the benefited properties.
The nonprofit corporation, the Carteret Business Partnership,
Inc., is hereby designated as the district management corporation
for the District. This management corporation shall conduct its business
in accordance with the Open Public Meetings Law.[1] This corporation shall have no power of condemnation or
eminent domain. It shall regularly file copies of the minutes of its
meetings with the Borough Clerk so that the minutes shall be conveniently
available to the public for inspection.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
The district management corporation, in addition to acting as
an advisory board to the Mayor and Council, shall have all powers
and responsibilities necessary and requisite to effectuate the purposes
of this chapter and the District, including, but not limited to:
A.
Adopt bylaws for the regulation of its affairs and the conduct of
its business and to prescribe rules, regulations and policies in connection
with the performance of its functions and duties; these bylaws shall
be submitted to the Mayor and Council for approval and may not thereafter
be modified without the approval of the Mayor and Council and the
bylaws and other corporate documents shall provide that the corporation
shall conduct its business in accordance with the Open Public Meetings
Law;[1] the Board of Directors shall conduct regular meetings
not less than quarterly and that the Board of Directors shall consist
of seven members. As to the membership of the Board of Directors it
shall include: 1) the Mayor or the Mayor's designee; 2) a member
of the Borough Council appointed by the Mayor with the advice and
consent of the Borough Council; and 3) the UEZ director/community
development coordinator. All of these appointments shall serve at
the pleasure of the appointing authority. The remaining four members
of the Board of Directors shall consist of owners or occupants of
property located within the District and, in accordance with the bylaws,
shall be elected to the Board of Directors by owners and/or occupants
of property included within the District. Any vacancies with regard
to these elected members shall be filled by a majority of the Board
members for the balance of the term. These members shall initially
be appointed by the Mayor to serve until their respective successors
are elected pursuant to the provisions of the bylaws;
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
B.
Employ such persons as may be required, and fix and pay their compensation
from funds available to the corporation;
C.
Apply for, accept, administer and comply with the requirements respecting
an appropriation of funds or a gift, grant or donation of property
or money;
D.
Make and execute agreements which may be necessary or convenient
to the exercise of the powers and functions of the corporation, including
contracts with any person, firm, corporation, governmental agency
or other entity;
E.
Administer and manage its own funds and accounts and pay its own
obligations;
F.
Borrow money from private lenders for periods not to exceed 180 days
from governmental entities for that or longer periods;
G.
Fund the improvement for the exterior appearance of properties in
the District through grants or loans. Standards for eligibility and
for terms of such grants and loans shall be established by the Board
of Directors;
H.
Fund the rehabilitation of properties in the District through grants
or loans. Standards for eligibility and for terms of such grants and
loans shall be established by the Board of Directors;
I.
Accept, purchase, rehabilitate, sell, lease or manage property in
the District;
J.
Enforce the conditions of any loan, grant, sale or lease made by
the corporation;
K.
Provide security, sanitation and other services to the District,
supplemental to those provided normally by the municipality;
L.
Undertake improvements designated to increase the safety or attractiveness
of the District to businesses which may wish to locate there or to
visitors to the District including, but not limited to, litter cleanup
and control, landscaping, parking areas and facilities, recreational
and rest areas, pursuant to pertinent regulations of the Borough of
Carteret;
M.
Publicize the District and the businesses included within the District
boundaries;
N.
Recruit new businesses to fill vacancies in, and to balance the business
mix of, the District;
O.
Organize special events in the District;
P.
Provide special parking arrangements for the District; and
Q.
Provide temporary decorative lighting in the District.
A.
The fiscal year of the District and of the management corporation
shall be the calendar year. The Mayor and Council will establish the
initial budget with the assistance of the Board of Directors of the
district management corporation. Hereafter, the district management
corporation shall submit no later than December 1 of each year detailed
annual budget for the following year for approval by the Mayor and
Council.
B.
The budget shall be processed and adopted by the Borough on or before
April 1 of each year in accordance with the procedures set forth in
N.J.S.A. 40:56-84.
(1)
The budget shall be submitted with a report, which explains how the
budget contributes to goals and objectives for the Special Improvement
District. The budget shall be reasonably itemized, including any different
tax rate or different tax tier for various properties within the District,
and shall include a summary of the categories of cost properly chargeable
as follows:
(a)
The amount of such costs to be charged against the general funds
of the municipality, if any;
(b)
The amount of costs to be charged and assessed against properties
benefited in the District in proportion to benefits which shall be
the aggregate of costs of annual improvements to be made in the District
during the ensuing year;
(c)
The amount of costs, if any, to be specifically taxed against
properties in the District.
(2)
Each year, when the Mayor and Council shall have acted on the estimated
costs and/or on the budget, the Municipal Assessor shall prepare an
assessment roll setting forth separately the amounts to be specifically
assessed against the benefited and assessable properties in the District.
Descriptions of such properties, and the names of the then-current
owners of such properties, so far as names are available, shall be
included in each annual assessment roll. The assessment roll, when
so prepared, shall be filed in the office of the Municipal Clerk and
be there available for inspection. The Mayor and Council shall annually
meet to consider objections to the amounts of such special assessments
at least 10 days after a notice of hearing has been published once
in the official newspaper and mailed to the named owners of all tracts,
parcels or lots of property proposed to be assessed. The notice shall
set forth the time and place of meeting, and set forth the purpose
of such meeting, but may refer to the assessment roll for further
particulars. When the governing body shall have approved the amounts
of the special assessments set forth therein, or as may be changed
by it, the Municipal Clerk shall forthwith certify a copy of the assessment
roll, with such changes, if any, to the Middlesex County Tax Board.
(3)
For the purpose of this section, "annual improvements," shall mean
and include any reconstruction, replacement or repair of trees and
plantings and other facilities of the Special Improvement District
and the furnishing of any other local improvement which benefits properties
within the District. For the purpose of this act "costs" shall, with
respect to annual improvements to and operation and maintenance of
the Special Improvement District, mean costs of annual improvements;
and all other costs, including planning costs, incurred or to be incurred
in connection with annual improvements to and operation and maintenance
of the District.
(4)
Moneys appropriated and collected on account of annual improvement
costs, and costs of operating and maintaining a Special Improvement
District, shall be credited to a special account. The Mayor and Council
may incur the annual costs of improving, operating and maintaining
a Special Improvement District, during any fiscal year, though not
specifically provided for by line item or other category in an approved
estimate for such fiscal year, if in its discretion it shall be deemed
necessary to provide for such an annual improvements or operation
or maintenance prior to the succeeding fiscal year and so long as
the total amount of the account as approved for that year is not exceeded
by that expenditure. Any balance to the credit of the account and
remaining unexpended at the end of the fiscal year shall be conserved
and applied towards the financial requirements of the succeeding year.
(5)
The Mayor and Council shall pay over funds to the management corporation
quarterly on the first day of March, June, September, and December
each year.
The district management corporation shall cause an annual audit
of its books, accounts and financial transactions to be made and filed
with the Mayor and the Council and for that purpose the corporation
shall employ a certified public accountant of New Jersey. The annual
audit shall be completed and filed with the governing body within
four months after the close of the fiscal year of the corporation,
and a certified duplicate copy of the audit shall be filed with the
Director of the Division of Local Government Services in the Department
of Community Affairs within five days of the filing of the audit with
the Mayor and Council.
The district management corporation shall, within 30 days after
the close of each fiscal year, make an annual report of its activities
for the preceding fiscal year to the Mayor and Clerk of the Borough.
Notwithstanding the creation of the Special Improvement District,
the Borough of Carteret expressly retains its police powers and other
rights and authority over the area designated as within the Special
Improvement District. No improvements or modifications shall be made
to any public property with the prior formal approval of the Borough
governing body.
