[Ord. #95-34 Preamble; Ord. #95-41 Preamble; Ord. #97-05
§ 1; Ord. #14-64]
a.
The area within the Township designated in Schedule A hereof would
benefit from being designated as a special improvement district;
b.
A district management corporation would assist the Township in promoting
and managing development of the properties designated in Schedule
A by providing administrative, planning and other services to benefit
the businesses, employees, residents and consumers of the special
improvement district;
Editor's Note: Schedule A was updated by Ordinance No. 14-64
and can be found in the Township Clerk's office.
c.
An assessment may be imposed on properties within the special improvement
district and collected by the Township with the regular property tax
payment or payment in lieu of taxes and that such assessment shall
be transferred to the district management corporation to exercise
the powers given to it by this section and to effectuate the purposes
of N.J.S.A. 40:56-65 et seq.;
d.
It is in the best interests of the Township and the public to create
such special improvement district and to designate such district management
corporation, which corporation shall always include at least one (1)
member of the Municipal Council of the Township;
e.
The public policy of the State of New Jersey permits the Municipal
Council to protect the public 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 Oak Tree Road
Business District of the Township by adoption of a special improvement
district;
f.
The main purpose of the special improvement district is to provide
parking. Improved parking is necessary to protect the public welfare,
health and interests of the public in compliance with N.J.S.A. 40:56-65
and stated therein.
[Ord. #95-34 § 1; Ord. #95-41 § 1; Ord.
#14-64]
As used in this chapter:
Shall mean an entity created by municipal ordinance or incorporated
pursuant to N.J.S.A. 15A:1-1 et seq. and designated by municipal ordinance
to receive funds collected by an assessment within the special improvement
district as authorized by this chapter.
Shall mean an area within the Township as designated by this
chapter as an area in which an assessment on all property within the
district shall be imposed for the purpose of planning and promoting
the economic and general welfare of the district and the municipality.
Shall mean that the following properties are hereby designated
as included in the district:
Schedule "A" made a part hereof may be found on file in the
Township Clerk's office. Properties may be added or deleted from the
SID through adoption of a resolution by the Municipal Council of the
Township.
[Ord. #95-34 § 2; Ord. #95-41 § 2]
The SID, as hereinafter described, shall be an area in which
all of the property included therein, except as hereinafter stated,
shall have imposed an assessment for the purposes of planning and
promoting the economic and general welfare of the SID and the Township.
No assessment shall be levied on any property designated as tax exempt.
In the event any entity makes a payment in lieu of taxes to the Township,
the entity shall be subject to the imposition of the assessment.
Any property listed hereinabove, and which is incorporated with
the SID, is exempt from payment of any assessment if it is exclusively
used for residential purposes.
The improvements and supplemental services in the SID will involve
annual costs peculiar only to the SID 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 chapter and to N.J.S.A. 40:56-65
et seq. and the costs thereof assessed or taxed to the benefited properties
pursuant to this chapter such improvements and supplemental services
shall not be substituted by the Township for improvements and services
not supplied to the proposed SID nor be grounds for curtailment of
future improvements and services planned.
[Ord. #95-34 § 3; Ord. #95-41 § 3; Ord.
#10-51; Ord. #10-66]
The District Management Corporation shall assist the Township
in planning and promoting the economic development and improvement
within the SID. 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:
a.
Have a Board of Trustees consisting of eleven (11) members chosen
as follows:
1.
The Director of Planning and Development of the Township;
2.
One (1) member of the Municipal Council, appointed by the Municipal
Council;
3.
An Iselin resident designated by the Mayor;
4.
The Business Administrator of the Township or his/her designee;
5.
Seven (7) persons, who may include owners or occupants of real property
located within the SID or representative of the owners or occupants.
6.
The Mayor shall appoint all board members, except for the Council
representative.
7.
Board members shall be appointed to three (3) year terms, except
that the Director of Planning and Development, the Council Representative
and the Business Administrator shall not serve for terms in excess
of their respective official terms of office. The initial terms of
the other eight (8) 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, respectively.
Thereafter, the terms of these members shall be for three (3) years.
b.
Exercise the following powers:
1.
Adopt bylaw 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;
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 of 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, 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 for periods not to exceed one hundred
eighty (180) days and from governmental entities for that or longer
periods;
7.
Fund the improvement of the exterior appearance of properties in
the SID through grants or loans, providing the activities shall not
be financed from the tax levies provided herein;
8.
Fund the rehabilitation of properties in the SID, providing the activities
shall not be financed from the tax levies provided herein;
9.
Accept, purchase, rehabilitate, sell, lease or manage property in
the SID, providing that the activities shall not be financed from
the tax levies provided herein;
10.
Enforce the conditions of any loan, grant, sales or lease made by
the corporation;
11.
Provide security, sanitation and other services to the SID supplemental
to those provided normally by the Township;
12.
Undertake improvements designed to increase the safety or attractiveness
of the SID to businesses which may wish to locate there or to visitors
to the SID, including but not limited to litter clean up and control,
landscaping, parking operations and facilities and those generally
permitted for pedestrian malls under section two of P.L. 1972 Chapter
134 (C. 40:56-66), pursuant to pertinent regulations of the Township;
13.
Publicize the SID and businesses included within the SID boundaries;
14.
Recruit new business to fill vacancies in, and to balance the business
mix of the SID;
15.
Organize special events in the SID;
16.
Provide special parking arrangements;
17.
Provide temporary decorative lighting in the SID;
18.
Power to condemn and/or take other appropriate legal actions for
the acquisition of land or other properties (real or personal) to
assist in the activities of the District Management Corporation/SID.
However, in order to use power of condemnation for properties whose
value is in excess of one million five hundred thousand ($1,500,000.00)
dollars, eight (8) members of the Board must vote in favor of the
exercising of such power.
[Ord. #95-34 § 4; Ord. #95-41 § 4]
a.
The District Management Corporation shall submit a detailed annual
budget for approval by Resolution of the Township Municipal Council.
The budget shall be submitted with a report which explains how the
budget contributes to the goals and objectives of the SID.
b.
The budget shall be introduced, approved, amended and adopted by
Resolution, passed by not less than a majority of the full membership
of the Township Municipal Council. The procedure shall be as follows:
c.
The budget shall be introduced in writing at a meeting of the Township
Municipal Council. Approval thereof shall constitute a first reading
which may be by title. Upon approval of the budget by the governing
body, it shall fix the time and place for the holding of a public
hearing on the budget.
d.
The budget shall be advertised after approval. The advertisement
shall contain a copy of the budget and shall set forth the date, time
and place of the hearing. It shall be published at least ten (10)
days prior to the date fixed therefor in the publication or publications
designated by the Municipal Council for the publication of such notices.
e.
No budget shall be adopted until a public hearing has been held thereon
and all persons having an interest therein shall have been given an
opportunity to present objections. The hearing shall be held no less
than twenty-eight (28) days after approval on the budget;
f.
The public hearing shall be held at the time and place specified
in the advertisement therefor, but may be adjourned from time to time
until the hearing is closed. The budget, as advertised, shall be read
at the public hearing in full, or it may be read by its title provided:
1.
At least one (1) week prior to the date of the hearing, a complete
copy of the approved budget as advertised:
2.
The Municipal Council, shall by Resolution passed by not less than
a majority of the full membership, determine that the budget shall
be read by its title, and declare that the conditions set forth in
paragraph f1 have been met. After closing the hearing, the Municipal
Council may adopt the budget, by title without amendments, or may
approve amendments as provided in Section 35-15g of this chapter before
adoption.
g.
The Municipal Council may amend the budget during or after the public
hearing. No amendment by the Municipal Council shall be effective
until taxpayers and all persons having an interest therein shall have
been granted a public hearing thereon, if the amendment shall:
1.
Add a new item in an amount in excess of one (1%) percent of the
total amount stated in the approved budget; or
2.
Increase or decrease any item by more than ten (10%) percent, or
3.
Increase the amount to be raised pursuant to section 16 of P.S. 1972
Chapter 134 (C. 40:56-80) by more than five (5%) percent, unless the
same is made pursuant to an emergency temporary appropriation only.
Notice of hearing on an amendment shall be advertised at least three
(3) days before the date set therefor. The amendment shall be published
in full in the same manner as an original publication and shall be
read in full at the hearing before adoption.
h.
Final adoption shall be by Resolution adopted by a majority of the
full membership of the Municipal Council, and may be done by title.
[Ord. #95-34 § 5; Ord. #95-41 § 5]
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 of the Township of Woodbridge and for that
purpose the corporation shall employ a certified public accountant
of the State 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 Municipal Council of the Township.
[Ord. #95-34 § 6; Ord. #95-41 § 6]
The District Management Corporation shall within thirty (30)
days of the close of each fiscal year, make an annual report of its
activities for the preceding fiscal year to the Municipal Council
of the Township.
[Ord. #95-34 § 7; Ord. #95-41 § 7]
The annual costs of operating, maintaining and improving the
SID shall be reported to the governing body, assessed, collected and
appropriated as provided in N.J.S.A. 40:56-80.
