[HISTORY: Adopted by the Township Council of the Township of Franklin 4-26-2005 by Ord. No. 3540; amended in its entirety 2-11-2014 by Ord. No. 4053A-14. Amendments noted where applicable.]Attachment 1 - Schedule A, Hamilton Street Business Improvement District Properties
As used in this chapter, the following terms shall have the meanings indicated:
- DISTRICT MANAGEMENT CORPORATION
- The Township Council of the Township of Franklin.
- SPECIAL IMPROVEMENT DISTRICT (sometimes also referred to as the "district" or as "business improvement district")
- An area within the Township of Franklin 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 Township.
Pursuant to N.J.S.A. 40:56-65 et seq. ("the Act"), the Township Council of the Township of Franklin hereby determines the following:
That the areas within the Township of Franklin that are described by block and lot and by street address as set forth in Schedule A of this chapter, and the property owners, tenants and inhabitants therein, benefit from being designated as a special improvement district and will benefit the whole of the Township of Franklin, with the exception of the following properties that will not be assessed members of the special improvement district:
Any property owned and operated by the municipal, county and state governments; and
One hundred percent of residential structures four units or under;
That a district management corporation would provide administrative and other services to benefit the businesses, employees, residents, and consumers in the Township of Franklin, the Hamilton Street Business Improvement District, and will also assist the Township of Franklin in promoting economic growth and employment;
That a special assessment may be imposed and collected by the Township of Franklin either with the regular property tax payment (or payment in lieu of taxes) or otherwise on properties located within the Township's limits designated in the attached Schedule A and that these payments shall be transferred to the district management corporation to effectuate the purpose of this chapter and to exercise the powers given to it pursuant to this chapter;
That it is in the best interests of the Township of Franklin, Hamilton Street Business District, and its inhabitants to create a special improvement district and to designate the Township Council of the Township of Franklin as the district management corporation in the special improvement district; and
That the business community should be encouraged to provide self-help and self-financing programs to meet local needs, goals and objectives and should be encouraged to supplement any of the authorized services and improvements through the district management corporation.
There is hereby created and designated within the Township of Franklin a special improvement district authorized pursuant to N.J.S.A. 40:56-65 et seq., to be known as the "Hamilton Street Business Improvement District" ("district"), consisting of the properties designated and listed on Schedule A, annexed hereto, by tax block and lot numbers and street addresses. The special improvement district will be governed by a district management corporation.
Schedule A of this chapter may be amended by ordinance to add and delete particular properties which have a change in use affecting the appropriateness of including them as part of the special improvement district. Any change in the classes of properties to be considered part of the special improvement district will require an ordinance.
All costs of improvements and maintenance, other than the costs of improvements and maintenance ordinarily incurred by the Township of Franklin out of general funds, shall be determined and approved pursuant to N.J.S.A. 40:56-65 as determined by the district management corporation. The formula for the assessment is as follows: Each property's current assessed value, as determined by the Township of Franklin Tax Assessor for real estate tax purposes, will be multiplied by the appropriate factored amount to sustain the approved annual budget to determine the amount of the special improvement district assessment. The foregoing assessment shall be collected as a special assessment against properties that are within the district as defined in Schedule A, and in additional schedules as delineated by the budget resolution, which may assign all or any part of the budget, including no part of the budget, to any schedule.
The Township Council of the Township of Franklin hereby designates the Township Council of the Township of Franklin as the district management corporation for the district.
The district management corporation shall also have all powers necessary and requisite to effectuate the purposes of this chapter, including but not limited to:
Adopt bylaws for the regulation of its affairs and the conduct of its business and prescribe rules, regulations and policies for 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 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, government agency or entity;
Administer and manage its own funds and accounts and pay its own obligations;
Borrow money from private lenders for periods not to exceed 180 days and government entities for that or longer periods;
Fund the improvement of the exterior appearance of properties in the district through grants and loans;
Fund rehabilitation of properties in the district;
Accept, purchase, rehabilitate, sell, lease, or manage property in the district;
Enforce the conditions of any loan, grant, sale or lease made by the corporation;
Review and recommend security, sanitation, and other services in the district supplemental to those normally supplied by the Township of Franklin;
Undertake improvements designed to increase safety or attractiveness of the district to businesses which may locate there or visitors to the district, including but not limited to parking, litter cleanup and control, landscaping, signage, and those improvements generally permitted for pedestrian malls under N.J.S.A. 40:56-65 et seq., pursuant to pertinent regulations of the Township Council;
Publicize, promote, and plan for the district and businesses included within the district boundaries;
Recruit new businesses to fill vacancies in, and to balance the business mix of, the district;
Organize special events in the district;
Provide special parking arrangements for the district;
Design and enforce environmental and building design criteria under N.J.S.A. 40:56-65 et seq., as amended;
Provide temporary decorative lighting in the district; and
Effectuate the purposes and intents of N.J.S.A. 40:56-65 et seq., as amended.
The district management corporation shall utilize affirmative action goals and guidelines in its hirings and expenditures whenever possible. Pursuant to N.J.A.C. 17:27-5.2, the district management corporation will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, or sex. The district management corporation will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment without regard to their race, creed, national original, ancestry, marital status or sex.
Upon further written agreement, the Township of Franklin may delegate to the district management corporation the contracting work to be done on any street, or on other municipal property, included in the special improvement district. In that event, the corporation shall be a contracting unit within the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.). The plans and specifications shall be approved by the Township Engineer prior to initiation of any action for the award of a contract under the act.
The district management corporation shall submit a business plan and budget for each upcoming year, no later than November 15 of the current fiscal year, for the approval by resolution of the 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 special improvement district.
The fiscal year of the district management corporation shall be January 1 to December 31.
The district management corporation shall also cause an audit of its books, accounts and financial transactions to be made and filed with the Township Council. This audit shall be completed and filed with the Township Council within four months after the close of the fiscal year of the corporation. A certified duplicate copy of the audit shall be filed with the County of Somerset Tax Assessor and 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 Township Council.
The district management corporation shall submit an annual report to the Township Council pursuant to N.J.S.A. 40:56-80 within 60 days of the close of the fiscal year. This report shall consist of a narrative covering the previous year's operations and detailed financial statements.
Notwithstanding the creation of the business improvement district, the Township of Franklin expressly retains all its powers and authority over the area designated as the Hamilton Street Business District.
The Hamilton Street Advisory Board shall consist of the following members:
Four owners of properties within the special improvement district;
Four owners/operators of businesses located within the special improvement district;
Two owners of 100% residential property located within the special improvement district;
One at-large member.
[Amended 5-13-2014 by Ord. No. 4060-14]
Three members of the Franklin Township Council, two of whom shall be Ward 4 and 5 Franklin Township Councilmembers;
Mayor of Franklin Township;
Township Manager of Franklin Township;
Police Chief (or designee) of Franklin Township;
Township Engineer (or designee) of Franklin Township;
Township Director of Planning of Franklin Township;
Township Special Projects Manager.
Each lot within the special improvement district shall only by represented by one voting member.
Terms. The regular term of office for Hamilton Street Advisory Board positions shall be for three years, except that of the at-large member which shall be for one year. Each member shall hold office until a successor is appointed and confirmed. Terms shall commence on January 1. Initial terms shall be staggered as follows:
[Added 5-13-2014 by Ord. No. 4060-14]
One-year terms: one property owner, one business owner/operator, one residential owner, one at-large member.
Two-year terms: one property owner, two business owners/operators, one residential owner.
Three-year terms: two property owners, one business owner/operator.
Editor’s Note: This ordinance also redesignated former Subsection B as Subsection C.
Duties and responsibilities. The Hamilton Street Advisory Board shall have the ability to:
Adopt bylaws for the regulation of its affairs and the conduct of its business and prescribe rules, regulations and policies for the performance of its functions and duties.
Advise the district management corporation on any matters related to the special improvement district, including, but not limited to, matters related to the powers granted to the district management corporation in § 23-5B above.
Prepare and recommend the annual budget and business plan for review and approval by the district management corporation.
Prepare and submit an annual report to the district management corporation. This report shall consist of a narrative covering the previous year's operations and detailed financial statements.
On or before December 31, 2015, a report shall be prepared by the Hamilton Street Advisory Board outlining progress made with respect to the Hamilton Street Business Community Special Improvement District over the preceding two-year period. This report shall be forwarded for review by the Township Council. Upon review of said report, the Township Council will render a decision regarding the future disposition of the special improvement district.