Editor's Note: Prior ordinance history includes portions of Ordinance No. 93-11.
ATTACHMENTS
Attachment 1: Appendix A
[Ord. No. 2011-06]
The Township Committee hereby finds that the properties comprising the Special Improvement District (the "District"), as hereinafter designated, are an integral, vital, economic and social component within the Township and that the creation of the District will serve to enhance the safety, welfare and economic growth of the District, as well as the residents of Springfield and the Township as a whole. The creation of a District Management Corporation (the "Corporation") will provide administrative and other services to benefit those businesses, property owners, tenants, inhabitants and consumers in the District and will also assist the Township in promoting economic growth and employment. It is in the best interest of the Township and the general public to create the District and the Corporation. All costs related to the maintenance, administration and operation of the District and Corporation shall be funded by a special assessment imposed and collected by the Township with the regular property tax payment, payment in lieu of taxes or otherwise, on properties located within the District. All of these payments or a portion thereof as designated by Resolution of the Township Committee, shall be transferred to the Corporation to effectuate the purposes of this chapter and to exercise the powers given to it by this chapter.
[Ord. No. 2011-06]
The purpose of this chapter is to establish a Special Improvement District (the "District") comprised of all designated commercial property within the Township and to establish a district management corporation (the "Corporation") to assist the Township in promoting the economic and general welfare of the District and the Township.
[Ord. No. 2011-06; Ord. No. 2011-06; Ord. No. 2012-31 § 1]
Pursuant to N.J.S.A. 40:56-65, et seq., the Township Committee does hereby establish a special improvement district within the Township, comprised of all commercial property within the geographic boundaries of the District, as specifically designated by tax lot and block, and street address, in Appendix A to this chapter, which may be found at the end of this chapter[1]. In the case of mixed use properties encompassing a residential and a commercial use, the Tax Assessor shall establish the proportion of the property which is a commercial use. The District shall include designated areas, which shall be delineated for each property in Appendix A: Tier 1 properties shall be in or near the core business district along Morris Avenue; Tier 2 properties shall be in or near the core business areas along Mountain Avenue; Tier 3 shall be in or near the core business areas along U.S. Route 22; Tier 4 properties shall be private membership recreation facilities.
[Ord. No. 2011-06]
There is hereby created the Springfield Community Partnership Management Corporation (hereinafter "Community Partnership"), a not-for-profit corporation, which shall serve as the district management corporation for the Springfield Improvement District.
[Ord. No. 2011-06]
All owners of property designated in Appendix A hereof shall be members of the Community Partnership, and each property shall have one vote.
[Ord. No. 2011-06]
a. 
The Board of Directors shall be composed of 11 directors. Of those, eight members shall be persons who own property, work or reside in the Township and shall be elected by the membership at the last regular meeting of each year, to serve a term of three years, commencing on January 1 of the following year; two members shall be persons who own property, work or reside in the Township and shall be appointed in January by the Mayor with the advice and consent of the Township Committee, to serve a term of three years commencing upon their appointment. The final member shall be the liaison with and appointed by the Township Committee each January and shall serve a term of one year commencing upon appointment.
b. 
All Directors shall serve on a volunteer basis without compensation.
c. 
The Board of Directors shall adopt and amend bylaws as necessary for proper functioning of the Board and the corporation.
d. 
At the first regular meeting of each calendar year, the Board shall elect officers from among the members of the Board, by majority vote, which shall consist of a President, one or more Vice-Presidents, a Treasurer and a Secretary.
e. 
A majority of the Directors shall constitute a quorum.
f. 
Any vacancy on the Board shall be filled in a like manner as the person creating the vacancy, which appointment shall be for the unexpired term, only.
[Ord. No. 2011-06]
The Community Partnership shall have all powers necessary and requisite to effectuate the purposes of this chapter, including but not limited to the power to:
a. 
Adopt bylaws for the regulation of the affairs and the conduct of business, and to prescribe rules, regulations and policies to further the performance of its functions and duties.
b. 
Employ such persons as may be required and to fix and pay their compensation from funds available,
c. 
Retain legal counsel.
d. 
Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money.
e. 
Make and execute agreements which may be necessary or convenient to the exercise of the powers and functions of the Community Partnership, including contracts with any person, firm, corporation, government agency or other entity.
f. 
Administer and manage its own funds and accounts and pay its own obligations.
g. 
Borrow money from private lenders not to exceed 180 days and from government entities for that or longer periods.
h. 
Fund the improvement of the exterior appearance of properties in the district through grants.
i. 
Fund the rehabilitation of public property in the District or property owned by the Community Partnership.
j. 
Accept, purchase, rehabilitate, sell, lease or manage property in the District.
k. 
Enforce the conditions of any loan, grant, sale or lease made by the Community Partnership.
l. 
Provide security, sanitation and other services to the District, supplemental to those provided normally by the Township.
m. 
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 cleanup and control, landscaping, parking areas and facilities and those improvements generally permitted for pedestrian malls under N.J.S.A, 40:56-66, pursuant to pertinent regulations of the Township Committee.
n. 
Publicize and promote the District and the businesses included within the District boundaries.
o. 
Recruit new businesses to fill vacancies in, and to balance the business mix of the District.
p. 
Organize special events in the District.
q. 
Provide special parking arrangements for the District.
r. 
Provide temporary decorative lighting in the District.
s. 
Take any other actions that are necessary and proper to achieve the purposes of this chapter and that are otherwise permitted by law.
[Ord. No. 2011-06]
All costs of improvements and maintenance, other than the costs of improvements and maintenance normally incurred by the Township 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 Community Partnership and shall be assessed pursuant thereto.
[Ord. No. 2011-06; Ord. No. 2012-31 § 2]
The initial formula for the assessment is as follows, or as mandated by statute: each property's current assessment, as determined by the Tax Assessor for real estate tax purposes, will be multiplied by a rate or rates to be determined by the Board of Directors of the Community Partnership to determine the budget and amount of the special District assessment. The rates for each of the tiers need not be the same. The foregoing shall be collected semiannually as a special assessment against properties that are within the District.
[Ord. No. 2011-06; Ord. No. 2012-21]
Special assessments shall be made payable at the same time as the Township's property taxes are collected, namely on the first day of the month in the months of August, November, February and May of each year and shall be received by the Township Tax Collector within 10 calendar days following the date upon which such assessment is payable.
[Ord. No. 2011-06]
Any assessments not received within 10 calendar days following the date upon which such assessment is payable shall be subject to interest from the date the assessment was payable until the date of actual payment, at the following rates: for the first $1,500, 8% per annum; for amounts in excess of $1,500, 18% per annum. The Township Tax Collector may affix a penalty not to exceed 6% of the delinquent assessment as billed, prior to the end of the fiscal year, for the most recent fiscal year only. Unpaid special assessments shall become a lien against commercial properties and shall be collectible in the same manner as any other municipal property taxes and assessments.
[Ord. No. 2011-06]
a. 
The Community Partnership shall submit an annual report to the Township Committee pursuant to N.J.S.A. 46:56-80, within 30 days after the close of the fiscal year. This report shall consist of a narrative covering the previous year's operation, and detailed financial statements.
b. 
The Community Partnership shall submit a detailed business plan and budget for the upcoming year, no later than December 1 of each fiscal year, for approval by resolution of the Township Committee, 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 District.
c. 
The fiscal year of the Community Partnership will be January 1 to December 31.
d. 
The Community Partnership shall cause an annual audit of its books, accounts and financial sections to be made and filed with the Township Committee, The Community Partnership shall employ a certified public accountant of the State of New Jersey. This audit shall be completed and filed with the Township Committee within four months after the close of the fiscal year of the Community Partnership. A certified duplicate copy of the audit shall be filed with the Director of the Division of Local Government Services, Department of Community Affairs, within five days of the filing of the audit with the Township Committee.
e. 
All books, records, accounts and reports of the Community Partnership shall be available at all reasonable times for public inspection.
[Ord. No. 2011-06]
Notwithstanding the creation of the District, the Township expressly retains all its police powers and other rights and powers related to the area designated as within the District.
[Ord. No. 2011-06]
The initial Board of Directors of the Community Partnership shall be appointed by the Township Committee, and shall serve until December 31, 2011. All Directors appointed to a term to commence on January 1, 2011, or within January 2011, shall be randomly chosen to serve a term of one year, two years or three years, to create equally staggered terms of office.
Appendix A to Chapter 33 is included as an attachment to this chapter.