[HISTORY: Adopted by the City Council of the City of Hackensack 8-18-2003
by Ord. No. 10-2003. Amendments noted where applicable.]
The Mayor and Council hereby make the following findings:
A.
The area described on Schedule A[1] attached to this chapter and made a part hereof would benefit
from being designated as a special improvement district and, therefore, it
is in the best interest of the City of Hackensack and the public to create
a special improvement district and to designate a district management corporation;
[1]
Editor's Note: Schedule A is on file in the City offices.
B.
The designated district management corporation would
provide administrative and other services to benefit the business, employees,
residents and consumers in the special improvement district; and
C.
Business license fees and special assessments on commercial
properties should be imposed and collected by the City, and these payments
shall be transferred to the district management corporation to effectuate
the purposes for which the district was established and to exercise the powers
given to it by this chapter.
[Amended 2-22-2005 by Ord. No. 5-2005[1]]
Pursuant to the authority granted by N.J.S.A. 40:56-65 et seq., there
is hereby created and designated within the City of Hackensack a special improvement
district known as the "Main Street Improvement District" (the "District").
This area of the City within the City is designated by street address and
tax lot and block number on Schedule A, attached hereto.[2]
The Mayor and Council hereby designate the nonprofit corporation known
as "The Main Street Business Alliance, Inc.," as the district management corporation
for the District.
A.
Improvements and operations in the District shall involve
annual costs. Those annual costs relate to the costs of improvements and of
services peculiar to the District and are distinguished from services normally
provided by the City outside of the District. Those improvements and services
will provide benefits primarily to the property and businesses included in
the District rather than to the City as a whole.
B.
The revenue necessary to meet the annual costs of operation
and/or improvements to the District shall be raised from the following sources:
(1)
Grants from federal, state and county governments and
other sources;
(2)
Direct appropriations in the budget of the City of Hackensack
in such amounts, if any, as the Mayor and Council shall determine;
(3)
Special assessment against all commercial properties
in the District as authorized by N.J.S.A. 40:56-80; and/or
A.
The annual budget of the district management corporation
shall be adopted in accordance with N.J.S.A. 40:56-84 and the procedures set
forth in this section.
B.
No later than December 1 of each year, the district management
corporation shall submit the following information to the Mayor and Council:
(1)
A detailed annual budget for the District for the ensuing
fiscal year as approved by the district management corporation. The budget
shall contain:
(a)
An estimate of the costs of operating and maintaining
and improving the District for the next fiscal year; and
(b)
A summary of the categories of cost properly chargeable
as follows:
[1]
The amount of those costs to be raised by grants;
[2]
The amount of those costs, if any, to be raised from
the general funds of the municipality;
[3]
The amount of those costs to be raised from business
license fees;
[4]
The amount of those costs to be charged and assessed
against commercial properties benefited in the District; and
[5]
The amount of costs, if any, to be specially taxed against
properties in the District.
(2)
A report which explains how the budget contributes to
the goals and objectives for the District.
A.
Following adoption of the budget for the District, the
Tax Assessor shall prepare an assessment roll setting forth separately the
following information:
(2)
Descriptions of such commercial properties; and
(3)
The names of the then-current owners of such commercial
properties, so far as names are available. The completed assessment roll shall
be filed in the office of the Municipal Clerk and shall be available for inspection
during regular business hours of that office.
B.
This special assessment shall be collected by the City
with the regular property tax payments.
A.
All of those monies collected by the City for the District
shall be transferred to or for the benefit of the district management corporation
to effectuate the purposes of this chapter. Those monies shall be credited
to a special account.
B.
The Mayor and Council are authorized to incur the annual
costs of improving, operating and maintaining the District during any fiscal
year, though not specifically provided for by line item or other category
in the approved budget for such fiscal year, if in the discretion of the Mayor
and Council the cost is deemed necessary to be expended prior to the succeeding
fiscal year and so long as the total amount of the special account as approved
for that year is not exceeded by that expenditure.
C.
The City shall pay over funds to the district management
corporation quarterly on the first day of March, June, September and December
of each year. The City shall not be obligated to pay over funds not received
by the City.
A.
The district management corporation shall employ a certified
public accountant of New Jersey to conduct an annual audit of its books, accounts
and financial transactions.
B.
The annual audit shall be completed and filed with the
Mayor and Council within four months after the close of the fiscal year of
the district management 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 if required by law.
C.
The Mayor and Council may cause an audit of the district
management corporation to be conducted.
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 Council.
A.
It is the intention of the Mayor and Council to encourage
the creation of appropriate and aesthetically pleasing standards for architectural
style of all structures in the District which are or become used, whether
all or in part, for nonresidential use. The district management corporation
shall prepare an implementation plan and design manual (the "plan and manual")
to carry into effect the intention described in this subsection. All facades
shall be consistent with the objectives to be outlined in the plan and manual.
The plan and manual must be approved by the Mayor and Council by ordinance
prior to it becoming legally binding.
B.
After approval of the plan and manual, no construction
permit shall be issued for the construction, alteration or signage of any
building or structure in the District, used in whole or in part for nonresidential
purposes, without the prior review and approval of plans by the Planning Board.
The district management corporation shall review all said plans and shall
recommend to the Planning Board approval or disapproval of said plans with
a copy of said recommendations to be delivered to the applicant. The Planning
Board shall take final action over any application.
A.
Notwithstanding the creation of the District, the City
of Hackensack expressly retains all its powers and authority over the area
designated as within that District.
B.
Nothing contained in this chapter shall be interpreted
or construed to be a vacation, in whole or in part, of any municipal street
or part of any street.
C.
The district management corporation shall not make or
enter into any contracts for the improvement of any publicly owned or operated
facility or property within the special improvement district nor adopt any
regulations relating to public property in the District.
D.
The district management corporation shall comply with
all applicable ordinances or regulations of the City of Hackensack.
E.
Notwithstanding anything contained in this chapter, the
Mayor and Council may at any time subsequent to the adoption of this chapter:
(1)
Abandon the operation of the District;
(2)
Change the extent of the District;
(3)
Supplement or amend the description of the District to
be specially assessed or taxed for annual costs of the District;
(4)
Change or repeal any plan, rules, requisitions or limitations
adopted for the operation of the District; or
(5)
Rescind the designation of or re-designating a district
management corporation.
A.
The District shall become operable when the bylaws of
the Main Street Business Alliance, Inc., are duly adopted by the Trustees
and approved by resolution of the Mayor and Council.
If any provisions of this chapter should be held invalid, or contrary
to law, then such provision of this chapter shall be deemed separable from
the remaining provisions of this chapter and shall in no way effect the validity
of the other provisions of this chapter.
