[Adopted 2-19-2002 by Ord. No. 02-04]
A.
There is hereby created and designated within the
Township of Montclair the Montclair Center Special Improvement District
(the district), hereinafter designated by street address and tax lot
and block number as set forth on Exhibit A attached hereto.[1] All the costs of development, construction, and acquisition
relating to the provision of improvements within the special improvement
district not borne by federal, state, county or local government shall
be assessed or taxed to properties specially benefited thereby, as
provided by N.J.S.A. 40:56-65 et seq. The improvements and facilities
of the district shall be operated and maintained, and the annual costs
thereof shall be assessed or taxed to properties specially benefited
thereby pursuant to the provisions of this article and N.J.S.A. 40:56-80
or N.J.S.A. 40:56-85.
[1]
Editor's Note: Said exhibit is on file in
the Township offices.
B.
The special assessment rate in the district shall
not exceed 10% of the total of the prior year's local, county and
school tax rates.
C.
Tax exempt properties are hereby excluded from the foregoing special assessments, except as provided in Subsection D below. Properties exclusively in residential use are also excluded from the foregoing special assessment. All other properties within the designated district, including those of a mixed residential and commercial use, shall be subject to the special assessment provided by the article. Residential portions of a mixed use shall not be excluded from the special assessment.
[Amended 3-20-2012 by Ord. No. O-12-18]
D.
Properties
subject to and tax exempt by virtue of a financial agreement requiring
the property to make payments in lieu of taxes (PILOT) shall not be
excluded from and are expressly included in the special assessments
authorized by this chapter, so long as such property is not excluded
for a reason other than tax exemption granted by such financial agreement.
Notwithstanding the PILOT tax exemption, the values of such properties,
for purposes of calculating the special assessment payable, shall
be the amounts shown on the current year's Real Property Tax List
in the column headed "(5) Land - Improvements-Total."
[Added 3-20-2012 by Ord. No. O-12-18]
There is hereby created a district management
corporation which shall be known as the "Montclair Center Corporation"
(the Corporation), which shall exercise the following powers:
A.
Adopt bylaws for the regulation of its affairs and
the conduct of its business, and 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 powers and functions of the corporation,
including contracts with any person, firm, corporation, governmental
agency or other entity;
E.
Administer and manage its own funds and accounts and
pay its obligations;
F.
Borrow money from private or institutional lenders
for periods not to exceed 180 days and from governmental entities
for that or longer periods;
G.
Fund the improvement and/or rehabilitation of the
exterior appearance of properties in the district through grants or
loans;
H.
Accept, purchase, rehabilitate, sell, lease, or manage
property in the district;
I.
Enforce the conditions of any loan, grant, sale, or
lease made by the Corporation;
J.
Provide security, sanitation, and other services to
the district supplemental to those provided normally by the municipal
government;
K.
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,
recreational and rest 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 Council;
L.
Publicize the district and businesses included within
the district boundaries;
M.
Recruit new businesses to fill vacancies in, and to
balance the business mix of, the district;
N.
Organize special events in the district;
O.
Provide special parking arrangements for the district
subject to prior Township Council approval; and
P.
Provide temporary decorative lighting in the district.
A.
Each year the Township Manager shall receive no later
than March 1 a detailed budget from the district management corporation,
setting forth an estimate of the cost of operating, maintaining and
annually improving the district for the next fiscal year. Such estimate
shall be reasonably itemized and shall include a summary of the categories
of cost properly chargeable in accordance with N.J.S.A. 40:56-80.
The Township Manager shall submit this detailed annual budget together
with his comments for approval by the Township Council by March 5
of each year. Final approval shall be evidenced by a resolution passed
by not less than a majority of the full membership of the Council,
after the requirements of N.J.S.A. 40:56-84 have been complied with.
B.
The budget to be delivered to the Township Manager
shall include a report which explains how the budget contributes to
the goals and objectives of the special improvement district.
C.
Prior to the delivery of the budget to the Township
Manager, the district management corporation shall hold a special
budget hearing, notice of which shall be sent to all members of the
district at least 10 days before such hearing. A record of the comments
received at this meeting shall be delivered to the Township Manager
with the proposed budget to be delivered to the Township Council for
use in its deliberations.
A.
The Corporation shall be governed by a Board of Directors
consisting of 21 members comprised of the following:
(1)
Two members of the Montclair Township Council (the
Township Council Directors) to be appointed by the Township Council;
(2)
Seven persons who are owners of assessed real estate
within the district, or officials of a corporation or entity owning
assessed real estate within the district, at least one of whom shall
be located in the 3rd Ward and at least one of whom shall be located
in the 4th Ward (the owner directors);
(3)
Seven persons who operate a business within the district,
at least one of whom shall be located in the 3rd Ward and at least
one of whom shall be located in the 4th Ward (the business directors);
(4)
One at large director who shall not be an owner of
assessed real estate within the district or the owner or operator
of a business within the district (the at large director);
(5)
One person who shall be an officer or director of
a nonprofit organization having its principal office located in the
district (the nonprofit director);
(6)
One person who shall he the owner of property within
the district and/or the operator of a business within the district,
to be appointed by the Montclair branch of the West Essex Chamber
of Commerce (the Chamber of Commerce director);
(7)
One person who shall be the owner of property within
the district and/or the operator of a business within the district,
to be appointed by the Montclair Downtown Alliance or its successor
(the MDA director); and
(8)
One person who shall be the owner of property within
the district and/or the operator of a business within the district;
or an employee of the MEDC; to be appointed by the Montclair Economic
Development Corporation (the MEDC director).
(9)
In addition, the Township Manager or his/her designee
shall be an ex officio nonvoting member of the Board of Directors.
B.
Terms.
(1)
The terms of the of the Board of Directors shall be
as follows:
(a)
The initial Board of Directors shall be chosen
by the incorporators of the Corporation and the two designated Township
Council directors at its organizational meeting to be held within
30 days of the date of final adoption of this article.
(b)
The at large director, the nonprofit director,
two owner directors and two business directors shall serve for a one-year
term; two owner directors and three business directors shall serve
for a two-year term; and three owner directors and two business directors
shall serve for a three-year term.
(2)
Upon the expiration of the terms of the initial members
of the Board of Directors, the terms of all subsequent members of
the Board of Directors shall be three-year terms, except for the at
large director who shall serve for a term of one year.
C.
Election of directors. The owner directors, business
directors, at large director and nonprofit director shall be elected
by majority vote of the members of the Corporation present and voting
at the annual meeting of the Corporation. All property owners within
the district, and tenants of assessed properties within the district
who have registered with the Corporation, shall be members of the
Corporation.
D.
At least one Township Council director shall serve
on the nominating committee of the Corporation at all times.
Upon resolution of the district management corporation,
there shall be an Advisory Board of no more than 25 members. The term
of office and manner of appointment shall be provided for in the bylaws
of the Corporation.
The Advisory Board shall assist the Board of
Directors of the district management corporation by providing advice
to the Board of Directors in development of the annual program, plan
and budget for the Corporation, and shall provide ongoing advice and
counsel to the Board of Directors as requested by the Board of Directors.
The services already provided to the district
through the general revenues of the Township of Montclair may continue
to be provided through such general revenues and not be transferred
to the budget of the Corporation or may, in whole or in part, be provided
by the district management corporation; these services are to be detailed
in the plan of coordination which shall be developed by the Board
of the district management corporation in consultation with the Township
Council and approved annually by the Board of Directors and the Township
Council and which shall specify how these services are to be provided,
and how the cost thereof shall be allocated.
The Corporation shall cause an annual audit
of its books, accounts and financial transactions to be made and filed
with the Township Council of the Township of Montclair, 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 months after the close of
the fiscal year of the corporation.
The Corporation shall, within 30 days after
the close of the fiscal year, make an annual report of its activities
for the preceding fiscal year to the Township Council.
[Amended 12-28-2006 by Ord. No. 06-77; 11-14-2011 by Ord. No.
0-11-068; 2-21-2017 by Ord. No. O-17-006[1]]
The district and the Corporation shall continue in existence
from year to year, unless an ordinance is passed by the Township Council
terminating either the Montclair Center Corporation (MCC) or the Special
Improvement District (SID), or both. Upon such termination, or earlier
dissolution, the Township of Montclair shall acquire title to the
assets and assume the liabilities of the Corporation.
[1]
Editor’s Note: This ordinance provided an effective
date of 1-1-2017.
Notwithstanding the creation of a special improvement
district authorized hereby, the Township of Montclair expressly retains
all its powers, responsibility and authority over the area designated
herein and any delegation thereof must be expressly approved by the
Township Council in an authorized writing.
All ordinances or sections in conflict or inconsistent
with any part of this article are hereby repealed to the extent that
they are in conflict or are inconsistent with the provisions hereof.
In the event that any section, part, or provision
of this article is found to be unconstitutional or invalid by any
court, such holding shall not affect the validity of this article
as a whole, or any part thereof, other than the part so held unconstitutional
or invalid.
This article shall take effect after passage
and publication as soon as and in the manner permitted by law.
