Editor's Note: Prior ordinance history includes portions
of Ordinance No. 93-11.
[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. 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,
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.