Township of Livingston, NJ Chapter 44 Special Improvement District

[HISTORY: Adopted by the Township Council of the Township of Livingston by Ord. No. 25-1998 (Ch. 24A of the 1979 Revised General Ordinances). Amendments noted where applicable.]

§ 44-1 Purpose.

A. This Chapter 24A allows the formation of a special improvement district pursuant to N.J.S.A. 40:56-65 et seq., (the "Act"), comprised of all of the commercial property (as defined herein) within the Township of Livingston, as more fully described by block, lot and street address on the annexed Schedule A,[1] to be known as the Livingston Community Partnership (the "district"), and designates the Livingston Community Partnership Management Corporation (the "Management Corporation") to assist the Livingston Township Council in effectuating the purpose and intent of the Act and the goals and purposes of a special improvement district. The Livingston Township Council hereby determines that the creation of a special improvement district will enhance the safety, welfare and economic growth of the area within the district, its businesses and residents of the Township of Livingston as a whole.

[1] Editor's Note: Schedule A is located at the end of this chapter.

B. In furtherance of the intent of this chapter, all terms used herein shall have the definitions and meaning as set forth in the Act, and all provisions herein shall be interpreted in a manner consistent with the Act, including future amendments thereto.

§ 44-2 Findings.

The Livingston Township Council hereby finds that the properties and/or businesses comprising the district are an integral, vital, economic and social component within the Township of Livingston, and that the anticipated services to be provided to the district will serve to enhance the safety, welfare and economic growth of district and the inhabitants of the Township of Livingston as a whole. The creation of the Management Corporation will provide administrative and other services to benefit those businesses, property owners, tenants, inhabitants and consumers in the district and will also assist the Township of Livingston in promoting economic growth and employment. It is, therefore, in the best interest of the Township of Livingston and its inhabitants to create the district and the Management Corporation to administer the district. All costs related to the maintenance, administration and operation of the district and Management Corporation shall be funded by a special assessment imposed and collected by the Township of Livingston with the regular property tax payment (or payment in lieu of taxes) or otherwise on properties located within district and designated by the Management Corporation. These payments shall be transferred to Management Corporation to effectuate the purpose of this chapter and to exercise the powers given to it pursuant to this chapter.

§ 44-3 Establishment of district.

A. Based upon the findings of Livingston Township Council and the desires of the business owners, merchants and property owners comprising the district, the Livingston Community Partnership is hereby established as a special improvement district within the Township of Livingston pursuant to the Act.

B. The district shall consist of all commercial property within the geographic boundaries of the district. As used in this chapter, the terms "commercial property" or "commercial properties" shall include all properties within the Township designated as property tax code 4A by the Livingston Township Tax Assessor. In the case of a mixed use commercial/residential property, the Livingston Tax Assessor shall determine the assessment based on the proportion of the property that is commercial. The properties currently comprising the district are set forth on Schedule A.[1]

[1] Editor's Note: Schedule A is located at the end of this chapter.

C. Any properties within the district designated as commercial property subsequent to the effective date of this chapter shall be included in the district and shall be subject to the authority and provisions of this chapter.

D. All commercial properties within the district shall be designated as either Tier I or Tier II properties, as indicated on Schedule A. Tier I properties shall be those commercial properties within the district that are in the core business areas along Livingston Avenue, Mount Pleasant Avenue and Northfield Road. Tier II properties shall be all other properties in the district.

E. Tier I properties and Tier II properties may be assessed at different rates.

§ 44-4 District Management Corporation.

A. The Livingston Township Council hereby designates the Livingston Community Partnership Management Corporation as the district Management Corporation for the district. The Management Corporation shall be a not-for-profit corporation.

B. The membership of the Corporation shall be as follows:

(1) All owners of the real property subject to assessment under this chapter, each such property being entitled to one vote.

(2) Any other individual, business entity or other organization interested in supporting the purposes of the Management Corporation and who have filed an application in such form as the Board of Directors shall have prescribed and paid any required annual dues, each such individual, business entity or organization being designated as an ex officio, nonvoting member of the Management Corporation.

C. Upon the appointment of a full Board of Directors pursuant to this chapter, the Management Corporation shall assume the management of the district. At first meeting, the Board of Directors shall adopt bylaws.

D. The Board of Directors of the Management Corporation shall be composed of 11 directors, to be appointed according to its bylaws. A majority of directors shall constitute a quorum. All directors shall serve on a volunteer basis and none shall receive any form of compensation for serving on the Board of Directors. The Board of Directors shall be composed as follows:

(1) Voting directors:

(a) One Town Council liaison;

(b) Six members selected by the members of record as of the election date of the Managing Corporation; and

(c) Four members who either reside in the Township or work or own property in the district, selected by the Mayor and the Livingston Township Council.

(2) Nonvoting directors:

(a) The Livingston Township Manager;

(b) Director of the Livingston Planning Department; and

(c) The Chief of the Police Department of the Township of Livingston, or designee.

E. Notwithstanding the foregoing subsection, all of the initial voting directors shall be selected and appointed solely by the Livingston Township Council.

F. All voting directors shall serve their initial term until December 31, 1999. Voting directors elected for the term commencing on January 1, 2000, shall be randomly chosen to serve a one-year term, a two-year term or a three-year term, and any voting director elected thereafter shall serve a three-year term.

G. The officers (President, one or more Vice Presidents, Treasurer and Secretary) of the Management Corporation will be members of the Board of Directors and elected by a majority vote of the Board.

H. The Management Corporation shall have all powers necessary and requisite to effectuate the purposes of this chapter and the district, including but not limited to the power to:

(1) 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;

(2) Employ such persons as may be required and fix and pay their compensation from funds available to the Management Corporation;

(3) Retain legal counsel;

(4) Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money;

(5) Make and execute agreements which may be necessary or convenient to the exercise of the powers and functions of the Management Corporation, including contracts with any person, firm, corporation, government agency or other entity;

(6) Administer and manage its own funds and accounts and pay its own obligations;

(7) Borrow money from private lenders not to exceed 180 days and from government entities for that or longer periods;

(8) Fund the improvement of the exterior appearance of properties in the district through grants or loans;

(9) Fund the rehabilitation of properties in the district;

(10) Accept, purchase, rehabilitate, sell, lease or manage property in the district;

(11) Enforce the conditions of any loan, grant, sale or lease made by the Management Corporation;

(12) Provide security, sanitation and other services to the district, supplemental to those provided normally by the Township of Livingston;

(13) Undertake improvements designed 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 and those improvements generally permitted for pedestrian malls under N.J.S.A. 40:56-66, pursuant to pertinent regulations of the Livingston Township Council;

(14) Publicize and promote the district and the businesses included within the district boundaries;

(15) Recruit new businesses to fill vacancies in, and to balance the business mix of, the district;

(16) Organize special events in the district;

(17) Provide special parking arrangements for the district;

(18) Provide temporary decorative lighting in the district; and

(19) Take any other actions that are necessary and proper to achieve the purposes of this chapter and that are otherwise permitted by law.

§ 44-5 Assessments.

A. All costs of improvements and maintenance, other than the costs of improvements and maintenance normally incurred by the Township of Livingston 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 Management Corporation. The initial formula for the assessment is as follows: each property's current assessment, as determined by the Township of Livingston Tax Assessor for real estate tax purposes, will be multiplied by a rate or rates to be determined by the Board of Directors of the Management Corporation to determine the budget and amount of the special district assessment. The foregoing shall be collected semiannually as a special assessment against properties that are within the district and set forth in more detail on Schedule A.[1]

[1] Editor's Note: Schedule A is located at the end of this chapter.

B. Special assessments shall be payable on the first day of April and October for the respective halves of the year and shall be received by the Township of Livingston Collector-Treasurer within 10 calendar days following the date upon which such assessment is payable. Any assessments not received within 10 calendar days following the date upon which such assessment is payable shall be subject to interest from the date the assessment was payable until the date of actual payment, at the following rates:

(1) For the first $1,500: 8% per annum.

(2) For amounts in excess of $1,500: 18% per annum.

C. The Township of Livingston Collector-Treasurer may affix a penalty not to exceed 6% of the delinquent assessment as billed, prior to the end of the fiscal year, for the most recent fiscal year only.

D. Unpaid special assessments shall become a lien against commercial properties and shall be collectible in the same manner as any other municipal property taxes and assessments as provided by the laws of the State of New Jersey.

§ 44-6 Annual reports and budgets.

A. The Management Corporation shall submit an annual report to the Livingston Township Council pursuant to N.J.S.A. 46:56-80 within 30 days after the close of the fiscal year. This report shall consist of a narrative covering the previous year's operation and detailed financial statements.

B. Management Corporation shall submit a detailed business plan and budget for the upcoming year, no later than December 1 of each fiscal year, for approval by resolution of the Livingston Township Council, pursuant to the provisions 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 district.

C. The fiscal year of the district and of the Management Corporation will be January 1 to December 31.

D. The Management Corporation shall cause an annual audit of its books, accounts and financial sections to be made and filed with the Livingston Township Council. The Management Corporation shall employ a certified public accountant of the State of New Jersey. This audit shall be completed and filed with the Livingston Township Council within four months after the close of the fiscal year of the Management 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 Livingston Township Council.

E. All books, records, accounts and reports of the Management Corporation shall be available at all reasonable times for public inspection.

§ 44-7 Municipal powers retained.

Notwithstanding the creation of the district, the Township of Livingston expressly retains all its police powers and other rights and powers related to the area designated as within the district.

§ 44-8 Debt obligations.

This chapter obligates the district to satisfy all debts, loans and financial liabilities incurred by the Management Corporation. The Management Corporation may not borrow an amount that exceeds the approved budget for the fiscal year. The Charter of the district shall include a clause incorporating the aforementioned.