[HISTORY: Adopted by the Township Council of the Township of Denville as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-22-2016 by Ord. No. 13-16]
The area within the Township of Denville designated by the street listing in § 21-4 hereof would benefit from being designated as the "Downtown Denville BID" (BID);
A District Management Corporation would advise and assist the Township in promoting and planning development within the district by providing administrative, planning and other services to benefit the businesses, employees, residents and consumers of the Downtown Denville BID (BID);
This article would permit an assessment to be imposed on properties within the Business Improvement District and collected by the Township of Denville with the regular property tax payment which assessment would be transferred to the District Management Corporation to exercise the powers given to it by this article and to effectuate the purposes of N.J.S.A. 40:56-65 et seq.;
It is in the best interests of the Township of Denville, its citizens and the public to create such a business improvement district and to designate such District Management Corporation, which corporation shall have a Board of Directors chosen as provided in § 21-6 hereof;
Public policy of the State of New Jersey permits the Municipal Council to protect the public, its 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 properties designated in § 21-4 hereof by adoption of this article;
This article furthers the goals and objectives of the Township's Master Plan by the continued development of a vibrant downtown shopping district.
The purpose for the establishment of the Downtown Denville Business Improvement District is to:
Promote economic growth, development, and employment within the business district and in particular the Downtown Business Improvement District;
Foster and encourage self-help programs to enhance the local business climate; and
Authorize, permit and facilitate the Township of Denville Downtown Business Improvement District and a designated District Management Corporation to apply for and accept grants, funds or loans from the State of New Jersey, Department of Community Affairs, for public improvements as contemplated and defined by P.L. 1998, c. 115.
Editor's Note: See N.J.S.A. 40:56-71.1 et seq.
There is hereby created and designated within the Township of Denville the Downtown Denville Business Improvement District, hereinafter designated by street address and tax lot and block number set forth in § 21-4B below. The district shall be subject to a special assessment on all properties specially benefited by the improvements within the district, as set forth herein, which shall be imposed by the Township of Denville for the purposes of promoting the economic and general welfare of the district and the Township.
Definitions. As used in this article:
- BUSINESS IMPROVEMENT DISTRICT
- Hereinafter called "BID." An area within the Township of Denville as designated by this section as an area in which a special assessment on all commercial property within the BID shall be imposed for the purpose of planning and promoting the economic and general welfare of the BID and the Township of Denville.
- DISTRICT MANAGEMENT CORPORATION
- An entity incorporated pursuant to N.J.S.A. 15A:1-1 et seq., and designated by municipal ordinance as the current entity to receive funds collected by an assessment within the BID.
Business Improvement District description.
The BID area includes all properties contained within the below street descriptions:
East Main Street from intersection with Broadway to Route 46 overpass.
West Main Street from intersection with Broadway to and including block No. 50411, lot No. 9.01.
Broadway entire length.
Bloomfield Avenue entire length.
Diamond Spring Road from intersection with Broadway to bridge over Rockaway River.
First Avenue entire length.
Center Street entire length.
Second Avenue entire length.
All properties used for commercial purposes will be included for special assessment purposes as part of the BID. Any property that is designated as tax exempt or used for nonprofit, municipal or exclusively residential purposes within the BID shall be excluded from the special assessment. All properties herein listed above, and which are located within the BID, shall be subject to the payment of such special assessment regardless of the percentage of the property being used for commercial purposes.
Properties may be added or deleted from the BID only through adoption or amendment of an ordinance by the Municipal Council of the Township of Denville.
The Business Improvement District, as hereinabove described, shall be an area in which all of the property included therein, except as exempted in § 21-4B(2) above, shall have imposed an assessment for the purposes of planning and promoting the economic and general welfare of the BID and the Township of Denville, provided that in any year no assessment shall be levied or imposed for any property within the BID which exceeds 5% of the prior year's local, county and school tax for such property. In the event any entity makes a payment in lieu of taxes to the Township of Denville, said entity shall be subject to the imposition of the assessment based upon both the land and improvement value.
The total assessment will be the approved annual budget of the BID divided among the properties in the BID in accordance with the assessment procedures set forth in § 21-7C.
The improvements and supplemental services in the BID will involve annual costs peculiar only to the BID and will be distinguished from improvements and services normally provided by the Township. While improvements and supplemental services shall be maintained and operated pursuant to the provisions of this article and N.J.S.A. 40:56-65 et seq., and the costs thereof assessed or taxed to the benefited properties pursuant to this article, such improvements and supplemental services shall not be substituted by the Township for improvements and services now supplied to the proposed BID nor be grounds for curtailment of future improvements and services planned.
For the purposes of this article, Downtown Denville BID is hereby designated as the present District Management Corporation ("corporation") and shall advise and assist the Township of Denville in planning and promoting the economic development and improvement within the BID. Said District Management Corporation shall be incorporated pursuant to the provisions of Title 15A of the New Jersey Statutes, and is hereby designated to receive funds collected as special assessments within the BID. The designation of the District Management Corporation may be changed at any time or from time to time by ordinance adopted by the Municipal Council.
Board of Directors. The initial Board of Directors shall be appointed by the Municipal Council by resolution and shall consist of the Downtown Denville Business Improvement District Steering Committee who shall serve until the first election of a Board of Directors in accordance with the bylaws of the corporation. Thereafter, the District Management Corporation shall have a Board of Directors consisting of no more than 10 members, each director having a one-year term and shall be comprised of the following:
There shall be seven elected directors, all of whom must be of legal voting age, who shall be elected as set forth in the bylaws of the corporation and who shall be voting members, separated into the following classifications:
All elected directors, with the exception of the resident-at-large director, shall be persons who are responsible for payment of any special assessments for properties located in the Business Improvement District, whether they are directly responsible to the Township of Denville or by pass-through from their landlord.
Appointed ex-officio directors. There shall be three ex-officio nonvoting directors as follows:
Mayor, or Mayor's designee, shall be an ex officio director; said designee shall be appointed with the advice and consent of the Municipal Council. The Mayor shall not be eligible to be Chairman of the District Management Corporation.
One member of the Municipal Council of Denville as appointed by the Council President with advice and consent of the Municipal Council for a one-year term.
The Township of Denville Business Administrator.
Powers of the Designated District Management Corporation. The District Management Corporation shall act exclusively for the express purposes set forth herein and is authorized to exercise the following powers:
Adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe the rules, regulations and policies in connection with the performance of its functions and duties. Conduct regular meetings, which must be open to the public in compliance with the Open Public Meetings Act, not less than four times a year;
Employ such person(s) as may be required, and fix and pay their compensation from funds available to the corporation, conduct yearly elections for elected Board of Directors members;
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, government agency or other 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 from governmental entities for that or longer periods;
Fund the improvement of the exterior appearance of properties in the BID through grants or loans;
Fund the rehabilitation of properties in the BID;
Accept, purchase, rehabilitate, sell, lease or manage property in the BID;
Enforce the conditions of any loan, grant, sales or lease made by the corporation;
Provide security, sanitation and other services to the BID supplemental to those normally provided by the Township;
Undertake improvements designed to increase the safety or attractiveness of the BID to businesses which may wish to locate there or to visitors to the BID, including, but not limited to, litter cleanup and control, landscaping, parking operations and facilities, recreational and rest areas and facilities and those generally permitted for pedestrian malls pursuant to pertinent regulations of the Municipal Council;
Publicize the BID and businesses included within the BID boundaries;
Recruit new businesses to fill vacancies in, and to balance the business mix of, the BID;
Organize special events in the BID;
Subject to approval by the Township and/or the Denville Police Department, provide special parking arrangements;
Provide temporary decorative lighting in the BID.
The annual costs of operating, maintaining and improving the Business Improvement District shall be reported to the Municipal Council of the Township of Denville by the BID's Board of Directors, or designee, and assessed, collected and appropriated as provided in N.J.S.A. 40:56-80.
The fiscal year of the BID and of the District Management Corporation shall be the same as the Township's fiscal year. The first budget shall be presented to the Municipal Council as soon as practical after adoption of this article. Thereafter, beginning December 1, 2017, the District Management Corporation shall submit no later than February 15 of each year a detailed, annual budget for the upcoming year for the approval by resolution of the Municipal Council. The budget shall be processed and adopted by the Township on or before April 1 of each year, in accordance with the procedures set forth in N.J.S.A. 40:56-84 or as prescribed in a New Jersey DCA local finance notice.
The budget shall be submitted with a report, which explains how the budget contributes to the goals and objectives of the Business Improvement District, together with the following:
The amount of such costs to be charged against the general funds of the Township, if any.
The amount of costs to be charged and specially assessed against properties benefited in the BID in proportion to benefits received, which shall be the aggregate of cost of annual improvements to be made in the BID during the year.
The amount of costs, if any, to be specially taxed against properties in the BID.
Each year, when the Municipal Council shall have acted on the estimate of costs and/or on the budget, the Municipal Assessor shall prepare an assessment roll setting forth separately the amounts to be specially assessed against the benefited and assessable properties in the district, in proportion to the benefits. Descriptions of such properties, and the names of the then current owners of such properties, so far as names are available, shall be included in each annual assessment roll. The assessment roll, when so prepared, shall be filed in the office of the Township Clerk and be available for inspection. The Municipal Council shall annually meet to accept public comments to the amounts of such special assessments at least 10 days after a notice of hearing has been published once in the official newspaper and mailed to each of the named owners of all tracts, parcels and lots of property proposed to be assessed. The notice shall set forth the time and place of meeting, and set forth the purpose of such meeting, but may refer to the assessment roll for further particulars. When the Municipal Council shall have approved the amounts of the special assessments set forth therein, or as may be modified by it, the Township Clerk shall forthwith certify a copy of the assessment roll, with such changes, if any, to the Morris County Tax Board.
For the purpose of this article "annual improvements" shall, with respect to the BID, mean and may include, but not be limited to, any reconstruction, replacement or repair of trees and plantings, furniture, shelters and other facilities of the BID, furnishing overhead or underground heating for snow removal or for enjoyment of pedestrians, and any other local improvement which benefits properties within the BID. For the purpose of this article, "costs" shall, with respect to annual improvements to and operation and maintenance of the BID, mean costs of annual improvements; fees of consultants employed by the Municipal Council to assist in the planning of annual improvements; and all other costs incurred or to be incurred in connection with annual improvements to and operation and maintenance of the BID.
Moneys appropriated and collected on account of annual improvement costs and costs of operating and maintaining the Business Improvement District shall be credited to a special account. The Municipal Council may incur the annual costs of improving, operating and maintaining a Business Improvement District, during any fiscal year, though not specifically provided for by line item or other category in an approved estimate, if in its discretion it shall be deemed necessary to provide for such annual improvements or operations or maintenance prior to the succeeding fiscal year and so long as the total amount of the account as 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 conserved and applied toward the financial requirements of the succeeding year.
The Township shall pay over funds from the special account to the Management Corporation quarterly on the first day of March, June, September and December of each year.
The District Management Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Municipal Council within four months after the close of the fiscal year, 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 Municipal Council.
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 Municipal Council.
Notwithstanding the creation of a Business Improvement District, the Township of Denville expressly retains all of its powers and authority over the area designated as within the Business Improvement District. No improvements or modifications shall be made to any public property without the prior, formal approval of the Mayor and Municipal Council.
This article obligates the Business Improvement District to satisfy all debts, loans, and financial liabilities incurred by the District Management Corporation. The Township of Denville incurs no liability with regard to any debts incurred by either the Denville Downtown Business Improvement District or the District Management Corporation. The District Management Corporation may not borrow any amount that exceeds the approved budget for the fiscal year. The Business Improvement District's Management Corporation shall include a clause incorporating the aforementioned in its bylaws.
The Business Improvement District and the authority herein delegated to the District Management Corporation shall terminate on the date that is five years after the date of adoption of this article, unless an ordinance is passed by the Municipal Council specifically amending the date contained in this section. Upon such termination, or earlier dissolution, the Township of Denville shall acquire title to the assets and assume the liabilities of the District Management Corporation.