[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 7-10-2019 by Ord. No. B-155. Amendments noted where applicable.]
The purposes of this chapter are to:
Foster the special improvement district's economic development, encourage its revitalization and strengthen its economic and commercial contributions to residents and property owners of the City of Hoboken.
Allow all those who live, work or invest in the SID to contribute to the improvement of the district.
Foster the building of a nonpartisan private/public partnership to implement the improvement of the Hoboken SID.
Foster and create self-help programs to improve the local business climate.
As used in this chapter, the following terms shall have the meanings indicated:
- DISTRICT MANAGEMENT CORPORATION (also referred to as "DMC")
- The Hoboken Business Alliance, Inc. (also referred to as "HBA"), created by this chapter and designated by this chapter to receive funds collected by a special improvement assessment within the special improvement district, as authorized by this chapter and any amendatory ordinances.
- SPECIAL IMPROVEMENT DISTRICT (also referred to as "SID")
- That area within the City of Hoboken, in its entirety and as further described by block and lot numbers and street addresses as set forth in Schedule A and designated by this chapter as an area in which a special assessment on property within the SID shall be imposed for the purpose of promoting the economic and general welfare of the SID and the City of Hoboken in accordance with N.J.S.A. 40:56-65 et seq.
Editor's Note: Schedule A is on file in the City offices.
There is hereby created and designated within the City of Hoboken a special improvement district to be known as the Hoboken Business Alliance, Inc., Special Improvement District ("SID"), consisting of properties designated and listed by tax lot and block number and street addresses on Schedule A attached hereto. All affected properties within the SID shall be subject to special assessments, which assessments shall be imposed by the City and transferred to the DMC for the purposes of promoting the economic and general welfare of the SID and the City of Hoboken.
Editor’s Note: Schedule A is on file in the City offices.
All properties within the special improvement district, including, but not limited to, all properties classified as 4A, 4B, and 4C in accordance with the New Jersey Property Tax System Qualifications, including those properties in abated/pilot redevelopment areas classified as 15f, except those set forth in Subsection C of this section, are deemed included in the assessing provisions of this chapter and are subject to assessment for special improvement district purposes.
The following properties are excluded from the assessing provisions of this chapter and are exempt from any assessment for special improvement district purposes:
Properties maintained solely for residential use and occupied by the owner or the owner's family that are not designated as 4A, 4B or 4C; for example, multiple-family dwelling of four or fewer units or residential condominiums/co-ops; and
It is hereby determined that the operation and maintenance of the SID may involve annual costs relating to services unique to the SID that are distinguished from operation and maintenance services normally provided by the City of Hoboken outside the SID. Pursuant to this chapter and N.J.S.A. 40:56-80 et seq., those annual costs shall be assessed to the benefited properties or businesses within the SID. The properties to be assessed to provide for the payment of such annual costs are described in § 179-3 hereof.
The nonprofit corporation, the Hoboken Business Alliance, Inc., an entity incorporated pursuant to N.J.S.A. 15A:1-1 et seq., is hereby designated as the district management corporation for the SID and designated by this chapter to receive funds collected by a special improvement assessment within the SID. The Hoboken Business Alliance, in addition to acting as an advisory board to the Mayor and City Council, shall have all powers necessary and requisite to effectuate the purpose of this chapter and the district, subject to annual approval by the Mayor and City Council of the DMC's budget, as specified in N.J.S.A. 40:56-65 et seq., including but not limited to:
Adopt bylaws for the regulation of its affairs and conduct of its business and to prescribe rules, regulations and policies in connection with the performance of its function and duties;
Employ such persons as may be required, and to fix and pay their compensation from funds available to the district management 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 obligations;
Borrow money from private lenders and from governmental entities;
Fund the improvement of the exterior appearance of properties in the SID through grants or loans;
Fund the rehabilitation of properties in the SID;
Accept, purchase, rehabilitate, sell, lease or manage property in the SID;
Enforce the conditions of any loan, grant, sale or lease made by the district management corporation;
Provide security, sanitation and other services to the SID, supplemental to those provided normally by the City;
Undertake improvements designed to increase the safety or attractiveness of the SID to businesses which may wish to locate in the City or to visitors to the SID, including, but not limited to, litter cleanup and control, landscaping, parking areas and facilities, and recreational and rest areas and facilities, pursuant to pertinent regulations of the City;
Publicize the SID and the businesses included within the SID boundaries;
Recruit new businesses to fill vacancies in, and to balance the business mix of, the SID;
Organize special events in the SID;
Provide special parking arrangements for the SID;
Provide temporary decorative lighting in the SID;
Review all applications, plan, specifications, etc., for the proposed construction or alteration of any and all exterior improvements to buildings and facades, including temporary and permanent signs and awnings, within the special improvement district for the purpose of providing advice and recommendations to those desiring to improve their properties consistent with the recommendations offered by the DMC. Recommendations made under this section shall be in writing and will be forwarded to the appropriate approving authority, namely the City of Hoboken Construction Code Official, City of Hoboken Planning Board or City of Hoboken Board of Adjustment. Recommendations offered shall be developed within the time frames within which the Construction Official, the Planning Board and the Zoning Board must take appropriate actions.
In order to receive any funds or exercise any of the powers granted herein, the Board of Trustees of the Hoboken Business Alliance, Inc., shall include the Mayor of the City of Hoboken or the Mayor's designee and a member of the City Council chosen by the City Council. The City Council cannot assign a designee in accordance with N.J.S.A. 40:56-68b.
Notwithstanding the creation of a special improvement district, the City of Hoboken expressly retains all its powers and authority over the area designated as being within the special improvement district.
Nothing contained herein shall accomplish or be interpreted or construed to be the creation or a vacation, in whole or in part, of any municipal street or right-of-way or part thereof, or to amend any Zoning Ordinance requirement or to limit any other rule or law of general application.
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, unless the Mayor and City Council of the City of Hoboken delegates to the district management corporation, by separate ordinance, the contracting of work to be done on any street or streets or on any other municipal property within the special improvement district, and provided the district management corporation, as the contracting unit, complies with the New Jersey Local Public Contracts Law, Public Law 1971, Chapter 198 (N.J.S.A. 40A:11-1 et seq.), and provided the plans specifications and bid requirements as applicable for the work contracted shall be approved by the Municipal Engineer and the Mayor and Council, by resolution, prior to initiation of any action for the awarding of a contract under the Local Public Contracts Law.
The district management corporation shall comply with all applicable ordinances or regulations of the City of Hoboken and the County of Hudson, State of New Jersey and federal government.
No employee or contractor of the DMC shall be considered an employee or contractor of the City of Hoboken, and the City of Hoboken shall not be or become a co-employer or co-contractor of any DMC employee or contractor.
The fiscal year of the DMC shall be the same as the City of Hoboken.
The DMC shall submit to the Mayor and City Council a detailed annual budget for each upcoming fiscal year no later than December 31 of the preceding year, together with a report which explains how the budget contributes to the goals and objectives for the district.
The budget shall be introduced, approved, amended and adopted by the Mayor and City Council in accordance with N.J.S.A. 40:56-84.
Monies appropriated and collected for the annual costs of operating and maintaining the special improvement district shall be credited to a special account. The Mayor and Council may incur the annual costs of improving, operating and maintaining the special improvement district during a 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 annual improvements or operation or maintenance prior to the succeeding fiscal year, and so long as the total amount of the account approved for that year is not exceeded by that expenditure. Any balances to the credit of the account and remaining unexpended at the end of the fiscal year shall be maintained and applied towards the financial requirements of the improvement district for the succeeding year.
The City of Hoboken shall not be obligated to pay over to the DMC any funds not received by the City of Hoboken.
The district management corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the governing body of the City, 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.
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 City Council of the City.
The City of Hoboken shall not be responsible for any debt or obligation of the DMC, and shall not pledge its full faith and credit thereto, except as it shall choose to do so in specific instances in accordance with all applicable laws.
Nothing contained herein shall prevent the Mayor and City Council, at any time, subsequent to the adoption of this chapter, from, by ordinance:
Abandoning the operation of the SID; changing the extent of the SID; supplementing or amending the description of the SID to be specially assessed or taxed for annual costs of the SID; changing or repealing any plan, rules, requisitions or limitations adopted for the operation of the SID, as set forth in N.J.S.A. 40:56-75; or
Rescinding the designation, redesignating, or designating a new district management corporation to receive funds collected by a special improvement assessment within the SID, and to exercise the powers granted to the district management corporation by this chapter and any amendatory ordinances.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such holding shall not affect other provisions or applications of this chapter, and, to this end, provisions of this chapter are severable.