[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.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Township Council of the Township of Franklin.
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:
A.
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,[1] 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:
(1)
Any property owned and operated by the municipal, county and state
governments; and
(2)
One hundred percent of residential structures four units or under;
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.
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;
C.
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;
D.
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
E.
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.
A.
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,[1] annexed hereto, by tax block and lot numbers and street
addresses. The special improvement district will be governed by a
district management corporation.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.
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.
A.
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.
B.
The district management corporation shall also have all powers necessary
and requisite to effectuate the purposes of this chapter, including
but not limited to:
(1)
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;
(2)
Employ such persons as may be required and fix and pay their compensation
from funds available to the corporation;
(3)
Apply for, accept, administer and comply with requirements respecting
an appropriation of funds or a gift, grant or donation of property
or money;
(4)
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;
(5)
Administer and manage its own funds and accounts and pay its own
obligations;
(6)
Borrow money from private lenders for periods not to exceed 180 days
and government entities for that or longer periods;
(7)
Fund the improvement of the exterior appearance of properties in
the district through grants and loans;
(8)
Fund rehabilitation of properties in the district;
(9)
Accept, purchase, rehabilitate, sell, lease, or manage property in
the district;
(10)
Enforce the conditions of any loan, grant, sale or lease made by
the corporation;
(11)
Review and recommend security, sanitation, and other services in
the district supplemental to those normally supplied by the Township
of Franklin;
(12)
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;
(13)
Publicize, promote, and plan for the district and businesses included
within the district boundaries;
(14)
Recruit new businesses to fill vacancies in, and to balance the business
mix of, the district;
(15)
Organize special events in the district;
(16)
Provide special parking arrangements for the district;
(17)
Design and enforce environmental and building design criteria under
N.J.S.A. 40:56-65 et seq., as amended;
(18)
Regulate vending;
(19)
Provide temporary decorative lighting in the district; and
(20)
Effectuate the purposes and intents of N.J.S.A. 40:56-65 et seq.,
as amended.
C.
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.
D.
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.
A.
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.
B.
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.
[Amended 5-13-2014 by Ord. No. 4060-14; 7-9-2019 by Ord. No. 4289-19]
A.
Membership.
(1)
The Hamilton Street Advisory Board shall consist of the following
members:
(a)
Voting members:
[1]
Four owners of properties within the special improvement district;
[2]
Four owners/operators of businesses located within the special
improvement district;
[3]
Two owners of 100% residential property located within the special
improvement district;
[4]
One at-large member;
[5]
President of the Franklin Township Chamber of Commerce or designee.
(b)
Nonvoting members:
[1]
Three members of the Franklin Township Council, two of whom
shall be Ward 4 and 5 Franklin Township Councilmembers;
[2]
Mayor of Franklin Township;
[3]
Township Manager of Franklin Township;
[4]
Police Chief (or designee) of Franklin Township;
[5]
Township Engineer (or designee) of Franklin Township;
[6]
Township Director of Planning of Franklin Township;
[7]
Township Special Projects Manager.
(2)
Each lot within the special improvement district shall only by represented
by one voting member.
B.
Terms. The regular term of office for Hamilton Street Advisory Board
positions shall be for three years, except that of the at-large member
and President of the Franklin Township Chamber of Commerce or designee
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:
C.
Duties and responsibilities. The Hamilton Street Advisory Board shall
have the ability to:
(1)
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.
(2)
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.
(3)
Prepare and recommend the annual budget and business plan for review
and approval by the district management corporation.
(4)
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.
