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City of Wildwood, NJ
Cape May County
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Table of Contents
Table of Contents
[Ord. No. 429-97, Preamble]
Businesses and properties located in the boardwalk area in the City of Wildwood have petitioned the governing body to create a special improvement district pursuant to N.J.S.A. 40:56-65 et seq.
The governing body regards the boardwalk area as an integral, vital, economic and social area within the City of Wildwood; and
The anticipated services to be provided to this special improvement district will only serve to enhance the safety, welfare and economic growth of the boardwalk area, its inhabitants and the City of Wildwood as a whole.
Pursuant to N.J.S.A. 40:56-65 et seq. ("The Act") the governing body of the City of Wildwood hereby determines the following:
a. 
The area within the City of Wildwood that is described by block and lot numbers and by street addresses as set forth in Schedule A of this section[1] and the property owners, tenants and inhabitants therein will benefit from being designated as a Boardwalk Special Improvement District as will the whole of the City of Wildwood with the exception of the following properties that will not be a part of the Special Improvement District:
1. 
Any property owned and operated by the government.
2. 
100 percent residential properties.
[1]
Editor's Note: Schedule A is on file in the City offices.
b. 
A district management corporation would provide administrative and other services to benefit those consumers in the Boardwalk Special Improvement District and will also assist the City of Wildwood in promoting economic growth and employment;
c. 
A special assessment may be imposed and collected by the City of Wildwood with the regular property tax payment (or payment in lieu of taxes) or otherwise on properties located within the Boardwalk Special Improvement District and that these payments shall be transferred to the district management corporation to effectuate the purpose of this section and to exercise the powers given to it pursuant to this section;
d. 
It is in the best interests of the City of Wildwood and its inhabitants to create a Boardwalk Special Improvement District and to designate a district management corporation to administer the district; and
Based upon these findings and the desires of business owners, merchants and property owners in the boardwalk area, the governing body hereby desires to establish the area designated in Schedule A[2] as a Boardwalk Special Improvement District within the boardwalk area.
[2]
Editor's Note: Schedule A is on file in the City offices.
[Ord. No. 429-97, § 1]
The recitation set forth in the preamble above is hereby incorporated in the chapter.
[Ord. No. 429-97, § 2]
The Boardwalk Special Improvement District ("district") is hereby established consisting of the properties designated and listed on Schedule A annexed hereto by tax block and lot numbers and street addresses.[1]
[1]
Editor's Note: Schedule A is on file in the City offices.
[Ord. No. 429-97, § 3; Ord. No. 655-05, § 1]
All costs of improvements and maintenance, other than the costs of improvements and maintenance ordinarily incurred by the city out of general funds, shall be determined and approved pursuant to N.J.S.A. 40:56-80 or N.J.S.A. 40:56-85 as determined by the district management corporation. The formula for the assessment is as follows: Each property's current assessed value, as determined by Wildwood 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 the properties that are within the district as defined in Schedule 'A', and in additional schedules, such as Schedule 'B', 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.
[Ord. No. 429-97, § 4]
a. 
The district management corporation shall submit an annual report to the governing body pursuant to N.J.S.A. 40:56-80 within 30 days of the close of the fiscal year. This report shall consist of a narrative covering the previous years operation and detailed financial statements.
b. 
The district management corporation shall submit a detailed business plan and budget for the upcoming year, no later than December 15th of the current fiscal year, for approval by resolution of the governing body; pursuant to the provision 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.
c. 
The fiscal year of the district and of the management corporation shall be July 1st to June 30th.
d. 
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. This audit shall be completed and filed with the governing body 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 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 governing body.
[Ord. No. 429-97, § 5; Ord. No. 655-05, § 1]
a. 
The governing body of the City of Wildwood hereby designates the Boardwalk Special Improvement District Management Corporation ("district management corporation"), a nonprofit corporation, as the district management corporation for the district.
b. 
The corporation shall be composed of the following members to be appointed according to the bylaws of the district management corporation. WSID will be a non-profit corporation. The board of directors shall be composed as follows:
1. 
One member selected from the Governing Body of Wildwood selected by the governing body.
2. 
Five members selected from property owners and/or business operators of the retail blocks along the boardwalk elected by the property owners within the district.
3. 
One member selected by the individual or entity which operates the primary commercial establishment at lot 1, block 179.02.
4. 
One member selected by the individual or entity which operates the primary commercial establishment at lot 1.01/1.02, block 248.
5. 
One member selected by the individual or entity which operates the primary commercial establishment at lot 1.01, block 180.
6. 
One member selected from the GWTIDA Board of Directors.
The officers (president, treasurer, and secretary) of the corporation will be members of the board of directors and elected by a majority vote of the board.
c. 
This district management corporation, in addition to acting as an advisory board to the governing body, shall have all powers necessary and requisite to effectuate the purposes of this section and the district, 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 the 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 contract with any person, firm, corporation, governmental agency or other entity;
5. 
Administer and manage its own funds and accounts and pay its own obligations;
6. 
Borrow money from private lenders or government entities;
7. 
Provide security, sanitation and other services in the district, supplemental to those provided normally by the city;
8. 
Undertake improvements designed to increase the safety or attractiveness of the district to businesses which may wish to locate there or to visitors to the district, including, but not limited to, litter clean-up and control, landscaping, and those improvements generally permitted for pedestrian malls under N.J.S.A. 40:56-66 pursuant to pertinent regulations of the governing body;
9. 
Publicize the district and the businesses included within the district boundaries.
[Ord. No. 429-97, § 6]
Notwithstanding the creation of the special improvement district the City of Wildwood expressly retains all its powers and authority over the area designated as within the Boardwalk Special Improvement District.
[Ord. No. 429-97, § 7; Ord. No. 655-05, § 1]
This section obligates the Boardwalk Special Improvement District to satisfy all debts, loans and financial liabilities incurred by the corporation.
[Ord. No. 429-97, § 8]
If any section or provision of this section or part thereof shall be declared to be invalid or inoperative, such section to the extent that it is not invalid or inoperative shall not be effectuated thereby and should be enforced and effectuated.
[Ord. No. 429-97, § 9]
This section shall take effect upon passage, approval and publication as required by law.
[Ord. No. 488-99, Preamble]
The City of Wildwood has established a Special (Business) Improvement District pursuant to N.J.S.A. 40:56-65.
The New Jersey Legislature has created a Downtown Business Improvement Zone loan fund.
The loan program was established for the benefit of assisting municipalities that establish Special (Business) Improvement Districts and further established by ordinance Downtown Business Improvement Zones.
The establishment of a Downtown Business Improvement Zone will assist the City of Wildwood and the Special (Business) Improvement District and the City of Wildwood.
[Ord. No. 488-99, § 1]
The purpose of this section is to (a) promote economic growth and employment within the business district and in particular the Special Improvement District; (b) foster and encourage self-help programs to enhance the local business climate, and (c) authorize, permit and facilitate the City of Wildwood Special Improvement District and the designated district management corporation of the district to apply for and accept 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.
[Ord. No. 488-99, § 2]
There is hereby created and designated within the City of Wildwood a Downtown Business Improvement Zone that shall be described as that area bound by the Special (Business) Improvement District previously established by the Board of Commissioners of the City of Wildwood on April 14, 1997 by Ordinance Number 429-97.
[Ord. No. 605-04, Preamble]
The business and property owners in the City of Wildwood have petitioned the governing body to create a Special Improvement District with a Management Corporation pursuant to N.J.S.A. 40:56-65 et seq.
The governing body finds that all business and commercial properties in the City of Wildwood are integral, vital, economic and social; and the anticipated services to be provided by this Special Improvement District will serve to enhance the safety, welfare and economic growth of the City of Wildwood, its inhabitants, and the City of Wildwood as a whole. The Special Improvement District will work cooperatively with all local community and business organizations and specifically with the Greater Wildwood Tourism Improvement Development Authority, which is a lead agency for special event and advertising, Main Street Wildwood, and the Boardwalk Improvement District. Based upon these findings and the desires of business owners, merchants and property owners in the City of Wildwood downtown business area, the governing body hereby desires to establish the Wildwood Special Improvement District designated in Schedule A and B (which are on file in the City Clerk's Office) as the Wildwood Business Improvement District.
[Ord. No. 605-04 § 1]
a. 
SPECIAL IMPROVEMENT DISTRICT (sometimes also referred to as the "District" or as "Business Improvement District') — Shall mean an area within the City of Wildwood designated by this section 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 municipality.
b. 
DISTRICT MANAGEMENT CORPORATION — Shall mean the "Wildwood Business Improvement District Management Corporation" (also referred to as "Management Corporation"), an entity to be incorporated pursuant to Title 15A of the New Jersey Statutes and designated by Municipal Ordinance to receive funds collected by a special assessment within the Special Improvement District as authorized by this section and any amendatory supplemental ordinances.
[Ord. No. 605-04 § 2]
Pursuant to N.J.S.A. 40:56-65 et seq. ("The Act") the governing body of the City of Wildwood hereby determines the following:
a. 
That the areas within the City of Wildwood that are described by block and lot and by street address as set forth in Schedule A and B (which are on file in the City Clerk's Office) of this section, and the property owners, tenants and inhabitants therein benefit from being designated as a Special Improvement District and will benefit the whole of the City of Wildwood 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. 
100 percent of residential structures four units or under.
b. 
That a district management corporation would provide administrative and other services to benefit the businesses, employees, residents, and consumers in the City of Wildwood, the Wildwood Business Improvement District, and will also assist the City of Wildwood in promoting economic growth and employment;
c. 
That a special assessment may be imposed and collected by the City of Wildwood either with the regular property tax payment (or payment in lieu of taxes) or otherwise on properties located within the City's limits designated in the attached Schedule A (which are on file in the City Clerk's Office) and that these payments shall be transferred to the district management corporation to effectuate the purpose of this ordinance and to exercise the powers given to it pursuant to this section;
d. 
That it is in the best interests of the City of Wildwood and its inhabitants to create a Special Improvement District and to designate a nonprofit 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 formation of an independent District Management Corporation formed under Title 15A of the New Jersey Statutes.
[Ord. No. 605-04 § 3; Ord. No. 629-05 § 1; Ord. No. 641-05, § 1]
a. 
There is hereby created and designated within the City of Wildwood a Special Improvement District authorized pursuant to N.J.S.A. Title 40:56-65 et seq. to be known as the Wildwood Business Improvement District ("District") is hereby established consisting of the properties designated and listed on Schedule A and B, (which are on file in the City Clerk's Office) annexed hereto by tax block and lot numbers and street addresses. The Special Improvement District will be governed by a District Management Corporation as minimally defined in Schedule C (which is on file in the City Clerk's Office) annexed hereto by category.
b. 
Schedule A and B (which are on file in the City Clerk's Office) of this section 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.
[Ord. No. 605-04 § 4]
All costs of improvements and maintenance, other than the costs of improvements and maintenance ordinarily incurred by the City of Wildwood out of general funds, shall be determined and approved pursuant to N.J.S.A. 40:56-80 or N.J.S.A. 40:56-85 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 City of Wildwood 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 the properties that are within the district as defined in Schedule "A", (which are on file in the City Clerk's Office) and in additional schedules, such as Schedule B, (which are on file in the City Clerk's Office) 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.
[Ord. No. 605-04 § 5; Ord. No. 653-05, § 1]
a. 
The Governing Body of the City of Wildwood hereby designated the Wildwood Business Improvement District Management Corporation ("district management corporation"), a nonprofit corporation, as the District Management Corporation for the District.
b. 
The District Management Corporation, in addition to acting as an advisory board to the governing body, shall also have all powers necessary and requisite to effectuate the purposes of this section, including but not limited to:
1. 
Adoption of 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 contract with any person, firm, corporation, governmental agency or other entity;
5. 
Administer and manage its own funds and accounts and pay its own obligations;
6. 
Borrow money from private lenders and government entities;
7. 
Fund the improvement of 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 City of Wildwood;
12. 
Undertake improvements designed to increase safety, attractiveness of the District to businesses which may locate there or visitors to the District, including, but not limited to parking, litter clean-up and control, landscaping, signage, and those improvements generally permitted for pedestrian malls under N.J.S.A. 40:56-66 pursuant to pertinent regulations of the governing body.
13. 
Publicize, promote, and plan for the District and the 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. 40:56-66 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. 40:56-66 et seq. as amended.
c. 
The District Management Corporation shall utilize affirmative action goals and guidelines in the 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 age, race, creed, national origin, ancestry, marital status or sex.
d. 
Upon further written agreement, the City of Wildwood may delegate to the District Management Corporation the contracting of 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 Municipal Engineer prior to initiation of any action for the award of a contract under the act.
[Ord. No. 605-04 § 6]
a. 
The District Management Corporation shall submit a business plan and budget for the upcoming year, no later than December 1 of the current fiscal year starting the year after this section is adopted, for the approval by resolution of the governing body, 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 1st to December 31st.
[Ord. No. 605-04 § 7]
The District Management Corporation shall also cause an audit of its books, accounts and financial transactions to be made and filed with the governing body. This audit shall be completed and filed with the governing body 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 Council of Cape May Tax Assessor, 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 governing body.
[Ord. No. 605-04 § 8]
The District Management Corporation shall submit an annual report to the governing body 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 operation and detailed financial statements.
[Ord. No. 605-04 § 9]
Notwithstanding the creation of the Business Improvement District, the City of Wildwood expressly retains all its powers and authority over the area designated as the Wildwood Business Improvement District.
[Ord. No. 605-04]
a. 
Schedule "A & B" (map and properties that make up this Special Improvement District) are on file in the City offices.
b. 
Schedule "C" (the minimum required positions for the District Management Corporations' Board of Directors) is on file in the City offices.