[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08. Amendments noted where applicable.]
Editor's Note: This ordinance repealed former Ch. 440, Special Improvement District, adopted 11-26-2002 by Ord. No. 3753-02, as amended.
The Township Council of the Township of Toms River finds as follows:
That an area within the Township of Toms River, as shall be described hereinafter by lot and block numbers as well as by street addresses, would benefit from being designated as a special improvement district; and
That a District Management Corporation would assist the Township in promoting economic growth and employment within the business district by providing administrative and other services to benefit the businesses, employees, residents and consumers in the special improvement district; and
That a special assessment shall be imposed and collected by the Township of Toms River with the regular property tax payment or payment in lieu of taxes, and that such special assessment shall be transferred to the District Management Corporation to exercise the powers given it by this chapter and to effectuate the purposes of N.J.S.A. 40:56-65 et seq.;
That it is in the best interests of the Township of Toms River and the public to create such special improvement district and to designate such District Management Corporation, except that no District Management Corporation shall be designated to receive any funds or to exercise any powers unless the Board of Directors of that corporation shall include at least one member of the Township Council of the Township of Toms River.
The public policy of the State of New Jersey permits this governing body to protect the public welfare and health and the interests of the public in the safe and effective movement of persons and to preserve and enhance the function and appearance of the business districts of the Township of Toms River and adoption of a special improvement ordinance.
As used in this chapter, the following terms shall have the meanings indicated:
- DISTRICT MANAGEMENT CORPORATION
- An entity created by municipal ordinance or incorporated pursuant to N.J.S.A. 15A:1-1 et seq., and designated by municipal ordinance to receive funds collected by a special assessment within a special improvement district as authorized by this chapter.
- SPECIAL IMPROVEMENT DISTRICT
- An area within the Township of Toms River designated by this chapter as an area in which a special assessment on all property within the district shall be imposed for the purposes of promoting the economic and general welfare of the district and the Township of Toms River.
There is hereby designated a special improvement district which is more particularly described on Schedule A attached hereto and made a part hereof. Any property listed on Schedule A and which is incorporated within the special improvement district is exempt from the payment of any special assessment if it is exclusively used for residential purposes.
The special improvement district, as described on Schedule A, shall be an area in which all of the property included therein, except as hereinafter stated, shall have imposed a special assessment for the purposes of promoting the economic and general welfare of the district and the Township of Toms River. Any property located within the special improvement district which is tax exempt shall not be subject to the special assessment. In the event any tax exempt entity makes a payment in lieu of taxes to the Township of Toms River, then and in that event said entity shall be subject to the imposition of a special assessment. The improvements and supplemental services in the special improvement district will involve annual costs peculiar only to the special improvement district and will be distinguished from improvements and services normally provided by the Township. While the improvements and supplemental services shall be maintained and operated pursuant to the provisions of this chapter and to N.J.S.A. 40:56-65 et seq. and the costs thereof assessed or taxed to the benefited properties pursuant to this chapter, such improvements and supplemental services shall not be substituted by the Township for improvements and services now supplied to the proposed special improvement district nor be grounds for curtailment of future improvements and services planned.
The entire special improvement district, as described on Schedule A, shall also be designated as a downtown business improvement zone pursuant to N.J.S.A. 40:56-71.2.
Toms River Business Development Corporation, Inc., is hereby designated the District Management Corporation which shall assist the Township of Toms River in promoting economic growth and development within the special improvement district. Said District Management Corporation is or will be incorporated pursuant to the provisions of Title 15A of the New Jersey statutes and is hereby designated as eligible to receive the funds collected as special assessment within the special improvement district. In addition, the District Management Corporation shall:
Have a Board of Directors consisting of 19 members, chosen as follows:
A member of the Township governing body, to be called the "Township Director";
Five persons who are owners of commercial real estate within the district, or officials of a corporation or entity owning commercial real estate within the district, to be called the "Owner Directors";
Five persons who operate a business or profession within the district to be called the "Business Directors";
Two unrelated residents of the district who are neither owners of commercial property within the district nor owners or operators of a business within the district, to be called the "Residential Directors";
One person who shall be an owner resident of the Township, the owner of commercial property within the district or the operator of a business or profession within the district, to be appointed by the Greater Toms River Chamber of Commerce, to be called the "Chamber of Commerce Director";
One person who shall be a member of the Board of Chosen Freeholders or employee of the County of Ocean to be appointed by the Ocean County Board of Chosen Freeholders, to be called the "County Director";
One person, who shall be an employee of Ocean County Library, Toms River Facility, to be appointed by the Ocean County Library Board of Trustees, to be called the "Library Director";
One person, who shall be a member, trustee or employee of the Ocean County Cultural Society, the Ocean County Historical Society or the Ocean County Museum, to be called the "Cultural Director";
One person, who is an owner of commercial property or the operator of business or profession within the district located with frontage on Highway 37, to be called the "Rt. 37 Director";
One person, who shall be a resident of the Township and member or employee of the Toms River Township Parking Authority, to be appointed by the Toms River Township Parking Authority, to be called the "Authority Director."
Exercise the following powers:
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;
Employ such persons as may be required, and fix and pay their compensation from funds available to the corporation;
Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money;
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;
Administer and manage its own funds and accounts and pay its own obligations;
Borrow money from private lenders for a period not to exceed 180 days and from governmental entities for that or longer periods; except that longer-term borrowing from private lenders for periods beyond 180 days is permissible if all of the following conditions are satisfied:
[Amended 5-14-2013 by Ord. No. 4401-13]
The lender is a financial institution regulated and insured by the United States government or the State of New Jersey;
The funds are used to acquire real property, or to improve real property the special improvement district owns or has contracted to acquire, within the special improvement district, secured by a mortgage;
The loan instruments explicitly provide that the debt incurred is exclusively the debt of the special improvement district, not of the Township of Toms River, and that the Township is in no way obligated in the event of default or dissolution of the special improvement district, however caused; and
A resolution of the Township Council authorizing the transaction, based on a review and determination by the Business Administrator, in consultation with the Division of Law, that the loan complies with these conditions.
Accept, purchase, rehabilitate, sell, lease or manage property in the special improvement district;
Provide security, sanitation and other services to the special improvement district supplemental to those provided normally by the Township;
Undertake improvements designed to increase the safety or attractiveness of the special improvement district to businesses which may wish to locate there or to visitors to the special improvement district, including but not limited to, litter, cleanup and control, landscaping, parking areas and facilities, recreational and rest areas and facilities, and those improvements generally permitted for pedestrian malls under Section 2 of P.L. 1972, c. 134 (N.J.S.A. 40:56-66), pursuant to pertinent regulations of the governing body;
Publicize the district and the businesses included within the district boundaries;
Organize special events in the district;
Provide special parking arrangements;
Provide temporary decorative lighting in the district;
Fund the improvement of the exterior appearance of properties in the district through grants or loans;
Fund the rehabilitation of properties in the district;
Enforce the conditions of any loan, grant, sale or lease made by the corporation;
Recruit new businesses to fill vacancies in, and to balance the business mix of, the district;
Any and all other powers as may be authorized by Section 17 of P.L. 1984, c. 151, as amended by P.L. 2004, c. 180 (N.J.S.A. 40:56-83).
The District Management Corporation shall submit a detailed annual budget for approval by resolution of the Township Council of the Township of Toms River. 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 introduced, approved, amended and adopted by resolution passed by not less than a majority of the full membership of the Township Council of the Township of Toms River. The procedure shall be as follows:
The budget shall be introduced in writing at a meeting of the Township Council of the Township of Toms River. Approval thereof shall constitute a first reading which may be by title. Upon approval of the budget by the governing body, it shall fix the time and place for the holding of a public hearing upon the budget.
The budget shall be advertised after approval. The advertisement shall contain a copy of the budget and shall set forth the date, the time and place of the hearing. It shall be published at least 10 days prior to the date fixed therefor in a newspaper circulating in the Township of Toms River.
No budget shall be adopted until a public hearing has been held thereon and all persons having an interest therein shall have been given an opportunity to present objections. The hearing shall be held not less than 28 days after approval of the budget.
The public hearing shall be held at the time and place specified in the advertisement thereof, but may be adjourned from time to time until the hearing is closed. The budget as advertised shall be read at the public hearing in full or it may be read by its title, if:
At least one week prior to the date of the hearing a complete copy of the approved budget, as advertised;
The Township Council shall, by resolution passed by no less than a majority of the full membership, determine that the budget shall be read by its title and declare that the conditions set forth in Subsection F(1) have been met. After closing the hearing, the Township Council may adopt the budget, by title without amendments, or may approve amendments as provided in Subsection G of this section before adoption.
The Township Council may amend the budget during or after the public hearing. No amendment by the Township Council shall be effective until taxpayers and all persons having an interest therein shall have been granted a public hearing thereon if the amendment shall:
Add a new item in an amount in excess of 1% percent of the total amount as stated in the approved budget; or
Increase or decrease any item by more than 10% percent; or
Increase the amount to be raised pursuant to Section 16 of P.L. 1972, c. 134 (N.J.S.A. 40:56-80) by more than 5% unless the same is made pursuant to an emergency temporary appropriation only. Notice of hearing on an amendment shall be advertised at least three days before the date set therefor. The amendment shall be published in full in the same manner as an original publication and shall be read in full at the hearing and before adoption.
Final adoption shall be by resolution, adopted by a majority of the full membership of the Township Council, and may be by title.
Concurrently with the introduction of this chapter and the submission of a plan for the special improvement district, the District Management Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Township Council of the Township of Toms River, 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 Township Council of the Township of Toms River.
The District Management Corporation shall, within 30 days of the close of each fiscal year, make an annual report of its activities for the preceding fiscal year to the Township Council of the Township of Toms River.
The annual costs of operating, maintaining and improving the special improvement district shall be reported to the governing body, assessed, collected and appropriated as provided in N.J.S.A. 40:56-80.
[Added 5-14-2013 by Ord. No. 4401-13]
Debts incurred by the special improvement district pursuant to its authority under this chapter or state law are exclusively the obligations of the special improvement district and are not secured by the full faith and credit of the Township of Toms River. The Township of Toms River neither guarantees, assumes, nor is liable for any debt incurred by the special improvement district, even in the event of default or dissolution of the special improvement district, however caused. All loan instruments executed by the special improvement district must contain a provision to this effect.
[Added 3-14-2017 by Ord. No. 4536-17]
Any property located within the boundaries of the special improvement district that changes from residential to commercial, or from tax-exempt to taxable, status shall be subject to the special assessment levied pursuant to this chapter.
Any property located within the special improvement district that changes from commercial to residential, or from taxable to tax-exempt, shall be exempt from the special assessment as provided under this chapter.
The Tax Assessor is authorized to assess or rescind the special assessment, in accordance with the preceding subsections, upon notification of the change in status of the subject property.