[Ord. #91-48 Preamble]
The Mayor and Council regard the business community as a vital
economic and social force in Woodbridge Township.
A Special Improvement District Study Group consisting of residents
and business people of the Township has submitted to the Mayor and
Council a report, dated July 30, 1991, which urges the adoption of
an ordinance creating a Special Improvement District, as well as the
designation of a nonprofit corporation to manage the anticipated services
and programs of the Special Improvement District.
The Mayor and Council deem it desirable to create a Special
Improvement District in anticipation that the Special Improvement
District will encourage self-help and self-financing programs within
the business community to enhance the commercial viability and attractiveness
of the business area as well as promote economic growth and employment
within the Township.
This chapter is adopted by the Mayor and Council of Woodbridge
Township, pursuant to N.J.S.A. 40:56-65 et seq.
[Ord. #91-48 § 1]
As used in this chapter:
Shall mean the Woodbridge Downtown Property Owners &
Merchants Association, Inc. (also referred to as management corporation),
an entity incorporated pursuant to Title 15A of the New Jersey Statutes
Annotated and designated by municipal ordinance to receive funds collected
by a special assessment within the Special Improvement District, as
authorized by this chapter and any amendatory supplementary ordinance.
Shall mean an area within Woodbridge Township 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.
[Ord. #91-48 § 2]
b.
A District Management Corporation would provide administrative and
other services to benefit the businesses, employees, residents and
consumers in the Special Improvement District. Also, the Management
Corporation will assist the Township in promoting economic growth
and employment.
c.
A special assessment shall be imposed and collected by the Township
with the regular property tax payment or payment in lieu of taxes
or otherwise. All or a portion of these payments shall be transferred
to the District Management Corporation to effectuate the purposes
of this chapter and to exercise the powers given to it by this chapter.
d.
It is in the best interests of the Township and the public to create
a Special Improvement District and to designate a District Management
Corporation.
e.
The business community should be encouraged to provide self-help
and self-financing programs to meet local business needs, goals and
objectives.
[Ord. #91-48 § 3; Ord. #06-20; Ord. #07-49 §§ 1,
2]
a.
There is hereby created and designated within Woodbridge Township
a Special Improvement District to be known as the Woodbridge Main
Street Special Improvement District consisting of the properties designated
and listed on Schedule "A" by tax lot and block number and street
addresses.[1] The Special Improvement District shall be subject to special
assessments on all affected property within the District which assessment
shall be imposed by the Township for the purposes of promoting the
economic and general welfare of the District and the Township.
[1]
Editor's Note: Schedule A can be found in the Township Clerk's
office.
b.
All business properties within the Special Improvement District,
including all private, nonresidential assessed properties, are deemed
included in the assessing and taxing provisions of this chapter and
are expressly subject to potential tax or assessment made for Special
Improvement District purposes. Business properties as referred to
herein shall include properties used for commercial establishments,
offices and four (4) family or greater homes.
c.
All properties within the Special Improvement District that are tax
exempt or used exclusively for residential purposes are deemed excluded
from the assessing or taxing provisions of this chapter and are expressly
exempt from any tax or assessment made for Special Improvement District
purposes.
[Ord. #91-48 § 4a]
Annual operation and maintenance costs relating to services
peculiar to the District, as distinguished from services normally
provided by the Township, will provide benefits primarily to the properties
included within the District rather than to the Township as an entirety.
These annual costs shall be assessed and taxed to the benefited properties
pursuant to the provisions of this chapter and N.J.S.A. 40:56-65,
et seq.
[Ord. #91-48 § 4b]
All costs of development, construction and acquisition relating
to improvements to the District, shall be financed and assessed to
properties especially benefited thereby. The Township may, by separate
ordinance, or by amendment to this chapter, provide that improvements
and facilities hereinafter acquired or developed shall be operated
and maintained and the costs taxed to the benefited properties.
[Ord. #91-48 § 5; Ord. #07-49 § 3]
There shall be hereby created a District Management Corporation
which shall assist the Township in planning and promoting the economic
development and improvement within the SID and shall serve as an advisory
board to the Mayor and Council. The District Management Corporation
is hereby designated as eligible to receive the funds collected as
assessment with the SID. In addition, the District management Corporation
shall have all powers necessary and requisite to effectuate the purposes
of this chapter and District including but not limited to:
a.
Adopt bylaws for the regulation of its affairs and the conduct of
its business and to prescribe rules, regulations and policies in connection
with the performance of its functions and duties;
b.
Employ such persons as may be required and fix and pay their compensation
from funds available to the Corporation;
c.
Apply for, accept, administer and comply with the requirements respecting
an appropriation of funds or a gift, grant or donation of property
or money;
d.
Make and execute agreements which may be necessary or convenient
to the exercise of the powers and functions of the corporation, including
contracts with a person, firm, corporation, governmental agency or
other entity;
e.
Administer and manage its own funds and accounts and pay its own
obligations;
f.
Borrow money from private lenders for periods not to exceed one hundred
eighty (180) days and from governmental entities for that or longer
periods;
g.
Fund the improvement for the exterior appearance of properties in
the District through grants or loans;
h.
Fund the rehabilitation of properties in the District;
i.
Accept, purchase, rehabilitate, sell, lease or manage property in
the District;
j.
Enforce the conditions of any loan, grant, sale or lease made by
the Corporation;
k.
Provide security, sanitation and other services to the District,
supplemental to those provided normally by the Township;
l.
Undertake improvements designated 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 cleanup
and control, landscaping, parking areas and facilities, recreational
and rest areas and facilities, pursuant to pertinent regulations of
the Township;
m.
Publicize the District and the businesses included within the District
boundaries;
n.
Recruit new businesses to fill vacancies in, and to balance the business
mix of the District;
o.
Organize special events in the District;
p.
Provide special parking arrangements for the District; and
q.
Provide temporary decorative lighting in the District.
[Ord. #07-49 § 4]
The District Management Corporation created herein shall have
a Board of Trustees consisting of nine (9) members chosen as follows:
a.
The Director of Planning and Development of the Township;
b.
One (1) member of the Municipal Council, appointed by the Municipal
Council;
c.
A Woodbridge resident designated by the Mayor;
d.
The Executive Director of the Woodbridge Redevelopment Agency;
e.
Five (5) persons, who may include owners or occupants of real property
located within the SID or representatives of the owners or occupants.
[Ord. #07-49 § 5]
a.
The Mayor shall appoint all Board members, except for the Council
representative.
b.
Board members shall be appointed to three (3) year terms, except
that the Director of Planning and Development, the Council Representative
and the Executive Director of the Redevelopment Agency shall not serve
for terms in excess of their respective official terms of office.
The initial terms of the other six (6) members shall be so determined
that, to the greatest practicable extent, the expiration of such terms
shall be distributed evenly over the first three (3) years after their
appointment. Therefore, the initial terms of these members shall be
staggered in groups of two (2) for terms of one (1), two (2) and three
(3) years, respective. Thereafter, the terms of these members shall
be for three (3) years.
[Ord. #91-48 § 6a; Ord. #07-49 § 6]
The fiscal year of the District and of the Management Corporation
shall be the fiscal year. The District Management Corporation shall
submit no later than June 30 annually a detailed annual budget for
approval by the Mayor and Council. The budget shall be processed and
adopted by the Township in accordance with the procedures set forth
in N.J.S.A. 40:56-84.
[Ord. #91-48 § 6b]
The budget shall be submitted with a report, which explains
how the budget contributes to goals and objectives for the Special
Improvement District. The budget shall be reasonably itemized and
shall include a summary of the categories of cost properly chargeable
as follows:
a.
The amount of such costs to be charged against the general funds
of the Township, if any;
b.
The amount of costs to be charged and assessed against properties
benefited in the District in proportion to benefits which shall be
the aggregate of costs of annual improvements to be made in the District
during the ensuing year;
c.
The amount of costs, if any, to be specially taxed against properties
in the District.
[Ord. #91-48 § 6c]
Each year, when the Mayor and Council shall have acted on the
estimated costs and/or 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.
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 there available for inspection. The Mayor and Council shall annually
meet to consider objections to the amounts of such special assessments
at least ten (10) days after a notice of hearing has been published
once in the official newspaper and mailed to 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 changed by it, the Clerk shall forthwith certify a copy of the
assessment roll, with such changes, if any, to the Middlesex County
Tax Board.
[Ord. #91-48 § 6d]
For the purpose of this section:
Shall mean any reconstruction, replacement or repair of trees
and plantings and other facilities of the Special Improvement District
and the furnishing of any other local improvement which benefits properties
within the District. For the purpose of this act, costs shall, with
respect to annual improvements to and operation and maintenance of
the Special Improvement District, mean costs of annual improvements;
and all other costs, including planning costs, incurred or to be incurred
in connection with annual improvements to and operation and maintenance
of the District.
[Ord. #91-48 §§ 6e and 6f]
a.
Monies appropriated and collected on account of annual improvement
costs, and costs of operating and maintaining a Special Improvement
District, shall be credited to a special account. The Mayor and Council
may incur the annual costs of improving, operating and maintaining
a Special Improvement District, during any 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 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 towards the financial requirements of the succeeding year.
b.
The Mayor and Council shall pay over funds to the Management Corporation
quarterly on the first day of March, June, September and December
of each year. The Township shall not be obligated to pay over funds
not received by the Township.
[Ord. #91-48 § 7]
The District Management Corporation shall cause an annual audit
of its books, accounts and financial transactions to be made and filed
with the Mayor and Council 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 (4)
months after the close of the fiscal year of the corporation, 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 (5) days of the filing of the audit
with the Mayor and Council.
[Ord. #91-48 § 8]
The District Management Corporation shall, within thirty (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 Clerk
of the Township.
[Ord. #91-48 § 9]
Notwithstanding the creation of a Special Improvement District,
Woodbridge Township expressly retains all of its powers and authority
over the area designated as within the Special Improvement District.
[Ord. #91-48 § 1; Ord. #07-17; Ord. #07-48; Ord.
#08-47]
The attached Schedule A is a list of properties described by
tax block and lot numbers as well as street addresses, and make up
this Special Improvement District. Only these properties may be subject
to assessment or taxation under this chapter.
[1]
Editor's Note: Schedule A was updated by Ordinance No. 14-64
and can be found in the Township Clerk's office.
