[Ord. #18-2008, § 1]
Shall mean an area within the Township of Scotch Plains,
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.
Shall mean "Scotch Plains Business Improvement District Management
Corporation" (also referred to as "Management Corporation") an entity
to be incorporated pursuant to N.J.S.A. 40:56-83 of the New Jersey
Statutes, and designated by this municipal ordinance to receive funds
collected by a special assessment within the Business Improvement
District as authorized by this chapter and any amendatory, supplementary
ordinances.
[Ord. #18-2008, § 2]
The Mayor and Township Council of the Township of Scotch Plains
hereby find and declare:
a.
That the area within the Township of Scotch Plains, as described
by lot and block number, and by street addresses as set forth in Schedule
A of this chapter (with the exception of properties that are residential
structures and vacant lots), will benefit from being designated as
a Business Improvement District.[1]
[1]
Editor's Note: Schedule A, referred to herein may be found
on file in the office of the Township Clerk.
b.
That a District Management Corporation would provide administrative
and other services to benefit the businesses, employees and consumers
in the Business Improvement District.
c.
That 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, and that all of these special assessment payments shall
be transferred to the District Management Corporation to effectuate
the purposes of this chapter and the Act and to exercise the powers
given to it by this chapter.
d.
That the business community should be encouraged to provide self-help
and self-financing programs to meet local business needs, goals and
objectives.
e.
That the District Management Corporation will best be able to effectuate
its purposes under the Act by receiving funds and exercising powers
pursuant to the Act and therefore the Board of Directors of the District
Management Corporation shall at all times include at least one member
of the Township Council.
[Ord. #18-2008, § 3]
a.
There is hereby created and designated within the Township of Scotch
Plains a Business Improvement District to be known as the "Scotch
Plains Business Improvement District," consisting of the properties
designated and listed on Schedule "A" by tax lot and block number
and street addresses (with the exception of properties that are residential
structures and vacant lots). The Business Improvement District shall
be subject to special assessments on all affected property within
the District, which assessment shall be imposed by the Township of
Scotch Plains for the purposes of promoting the economic and general
welfare of the District.
b.
All business properties within the Business Improvement District,
including all private, nonresidential, assessed properties, are deemed
included in the assessing provisions of this chapter and are expressly
subject to potential assessment made for Business Improvement District
purposes.
c.
All properties within the Business Improvement District that are
used exclusively for residential purposes are deemed excluded from
the assessing provisions of this ordinance and are expressly exempt
from any assessment made for Business Improvement District purposes.
[Ord. #18-2008, § 4]
Any owner of property included within the Business Improvement District, and subject to the assessing provisions of this chapter, may appeal to the Tax Assessor of the Township of Scotch Plains, to be excluded from the District and from any assessment provisions of this chapter. Said appeal shall only consider whether a property should be included within the District under the standards set forth in Section 31-3 of this chapter, shall be in writing and shall specifically detail the factual basis for the appeal. The Assessor shall investigate the matter and conduct an informal hearing within 30 days of receipt of the appeal. Within 10 days after the conclusion of the informal hearing, the Assessor shall file a report and recommendation with the Mayor and Township Council. The Mayor and Township Council shall review the matter and determine the appeal within 30 days following receipt of the report and recommendation from the Assessor. It is not an appeal with regard to any taxes. Appeals with regard to taxes should be taken in the usual manner to the Union County Board of Taxation or to the Tax Court.
[Ord. #18-2008, § 5]
Annual operation and maintenance costs relating to services
peculiar to the District as distinguished from service 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 properties receiving
an equal benefit, regardless of size, pursuant to the provisions of
this chapter and N.J.S.A. 40:56-65. The Mayor and Township Council
hereby determine that the annual operation and maintenance costs will
benefit every property within the District equally, regardless of
size, and pursuant to the Act and this chapter hereby establish an
initial annual assessment of $400 per property within the District,
based on such benefit conferred to these property owners.
[Ord. #18-2008, § 5]
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 assessed to the benefited properties.
[Ord. #18-2008, § 6]
The nonprofit corporation, Scotch Plains Business Improvement
District Management Corporation, is hereby created and designated
as the "District Management Corporation" for the District. This Management
Corporation shall conduct its business in accordance with the Open
Public Meetings Act, N.J.S.A. 10:4-6, et seq. This Management Corporation
shall have no power of condemnation or eminent domain. It shall regularly
file copies of the minutes of its meeting with the Township Clerk
so the minutes shall be conveniently available to the public for inspection.
[Ord. #18-2008, § 7]
The District Management Corporation shall act exclusively for
the express purpose set forth herein and is authorized to exercise
the following powers.
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. Said bylaws and
other corporate documents shall provide that the corporation shall
conduct its business in accordance with the Open Public Meeting Act.
b.
Conduct regular meetings no less than four times a year.
c.
Have a Board of Directors that shall consist of 13 voting members.
d.
Employ such persons as may be required, and fix and pay their compensation
from funds available to the corporation.
e.
Apply for, accept, administer and comply with the requirements respecting
an appropriation of funds or a gift, grant or donation of property
or money.
f.
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.
g.
Administer and manage its own funds and accounts and pay its own
obligations.
h.
Borrow money from private lenders for periods not to exceed 180 days
and from governmental entities for that or longer periods.
i.
Fund the improvement for the exterior appearance of properties in
the District through grants or loans. Standards for eligibility and
standards for terms of such grants and loans shall be established
by the Board of Directors.
j.
Fund the rehabilitation of properties in the District through grants
or loans. Standards for eligibility and standards for terms of such
grants and loans shall be established by the Board of Directors.
k.
Accept, purchase, rehabilitate, sell, lease or manage property in
the District.
l.
Enforce the conditions of any loan, grant, sale or lease made by
the corporation.
m.
Provide security, sanitation and other services to the District,
supplemental to those provided normally by the Township of Scotch
Plains.
n.
Undertake improvements designated to increase the safety or attractiveness
of the District to business, which may wish to locate there or to
visitors to the District including, but not limited to, litter cleanup
and control, landscaping, signage, parking areas and facilities, recreational
and rest areas and facilities, pursuant to pertinent regulations of
the Township of Scotch Plains.
o.
Publicize, promote, and plan for the District and the businesses
included within the District boundaries.
p.
Recruit new businesses to fill vacancies in, and to balance the business
mix of, the District.
q.
Organize special events in the District.
r.
Provide special parking arrangements for the District.
s.
Provide temporary, decorative lighting in the District.
The District Management Corporation shall utilize affirmative
action goals and guidelines in its hiring 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 the employees are treated during employment
without regard to their age, race, creed, national origin, ancestry,
marital status or sex.
Upon further written agreement, the Township of Scotch Plains
may delegate to the District Management Corporation the contracting
of work to be done on any street, or on other municipal property,
including in the Business 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. #18-2008, § 8]
a.
The Board of Directors for Scotch Plains Business Improvement District
Management Corporation shall be voting Directors and shall consist
of the following:
1.
A member of the Township Council appointed by the Mayor;
2.
One resident of the Township who shall not be an owner or occupant
of commercial property within the District and who shall be appointed
by the Mayor with the consent of the Township Council;
3.
One member of the Scotch Plains Business Professional Association;
4.
Two members who own or occupy properties within the District on Route
22;
5.
Two members who own or occupy properties within the District on Front
Street;
6.
One member who owns or occupies property within the District on Westfield
Avenue;
7.
Two members who own or occupy properties within the District on Second
Street;
8.
Three members who own or occupy properties within the District on
Park Avenue,
b.
Board of Director members a1, 2, 3 and 6 above shall be appointed
for a term of two years, expiring on December 31 of the second year
following appointment; of the remaining Board of Director members,
each category of members shall consist of one member (with two members
of the Park Avenue District) appointed for a term of two years and
the remaining member appointed for a term of three years, expiring
on December 31 of the second year or third year following the appointment,
depending on appointment term, or until a successor is appointed.
After the initial appointment of the Board of Directors by the Mayor
and Township Council, the Board of Directors shall be replaced in
accordance with this chapter by majority vote of the Board of Directors,
except for (1) the member of Township Council who shall be appointed
by the Mayor, (2) one Township resident who shall be appointed by
the Mayor with consent of the Township Council and (3) the member
of Business Professional Association who shall be selected by the
Scotch Plains Business Professional Association, with the consent
of the Township Council.
c.
Notwithstanding anything contained herein to the contrary, a majority
of the Board of Directors or the District Management Corporation shall
at all times be owners or occupants of the properties within the Special
(Business) Improvement District designated herein.
[Ord. #18-2008, § 9]
a.
The fiscal year of the District and of the Management Corporation
shall be the calendar year. The first budget shall be presented to
the Mayor and Township Council as soon as practical after adoption
of this chapter. Thereafter, beginning December 1, 2009, the District
Management Corporation shall submit no later than December 1 of each
year a detailed, annual budget for the following year for approval
by the Mayor and Township Council. The budget shall be processed and
adopted by the Township on or before April 1 of each year, in accordance
with the procedures set forth in N.J.S.A. 40:56-84.
b.
The budget shall be submitted with a report, which explains how the
budget contributes to the goals and objectives of the Business Improvement
District, together with the following:
1.
The amount of such costs to be charged against the general funds
of the Township, if any.
2.
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 year.
3.
The amount of costs, if any, to be specially assessed against properties
in the District.
c.
Each year, when the Mayor and Township Council shall have acted on
the estimated costs and/or on 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 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 Township Council
shall annually meet to consider objections to the amounts of such
special assessments at least 10 days after a notice of hearing has
been published once in the official newspaper and sent by certified
mail to each of the named owners of all tracts, parcels and lots of
property proposed to be assessed. The notice shall set forth the purpose
of such meeting, but may refer to the assessment roll for further
particulars. When the Mayor and Township Council shall have approved
the amounts of the special assessments set forth therein, or as may
be modified by it, the Township Clerk shall forthwith certify a copy
of the assessment roll, with such changes, if any, to the Union County
Tax Board.
d.
For the purpose of this section "annual improvements" shall, with
respect to pedestrian malls or special improvement districts, mean
and include any reconstruction, replacement or repair of trees and
plantings, furniture, shelters and other facilities of a pedestrian
mall or special improvement district, furnishing overhead or the underground
heating for snow removal or for enjoyment of pedestrians, and 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 pedestrian malls
or special improvement districts, mean costs of annual improvements;
fees of consultants employed by the governing body to assist in the
planning of annual improvements; and all other costs incurred or to
be incurred in connection with annual improvements to and operation
and maintenance of pedestrian malls or special improvement districts,
as the case may be.
e.
Moneys appropriated and collected on account of annual improvement
costs and costs of operating and maintaining the Business Improvement
District, shall be credited to a special account. The Mayor and Township
Council may incur the annual costs of improving, operating and maintaining
a Business Improvement District, during any fiscal year, though not
specifically provided for by line item or other category in an approved
estimate for such annual improvements or operations 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 toward
the financial requirements of the succeeding year.
f.
The Mayor and Township Council shall pay over funds from the special
account to the Management Corporation quarterly on the first day of
March, June, September and December of each year.
[Ord. #18-2008, § 10]
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 Township Council. The annual audit shall be completed
and filed with the governing body within four months after the close
of the fiscal year of the Corporation, and a certified duplicate copy
of the audit shall be field with the Director of the Division of Local
Government Services in the Department of Community Affairs within
five days of the filing of the audit with the Mayor and Township Council.
[Ord. #18-2008, § 11]
The District Management Corporation shall, within 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 Township Council.
[Ord. #18-2008, § 12]
Notwithstanding the creation of a Business Improvement District,
the Township of Scotch Plains expressly retains all of its powers
and authority over the area designated as within the Business Improvement
District. No improvements or modifications shall be made to any public
property without the prior, formal approval of the Township's governing
body.
