[HISTORY: Adopted by the Mayor and Council of the Borough
of Spring Lake 8-21-2007 by Ord.
No. 2007-018. Amendments noted where applicable.]
The Borough Council of the Borough of Spring Lake finds as follows:
A.
That, having formed a Spring Lake Managed District Steering Committee
by resolution dated February 6, 2007, and having received its Report
and Recommendations dated July 10, 2007, an area within the Borough
of Spring Lake, as shall be described hereinafter by lot and block
numbers as well as by street addresses, would benefit from being designated
as a special improvement district; and
B.
That a District Management Corporation would assist the Borough in
promoting economic growth and employment within the business district
by providing administrative and other services to benefit the businesses,
employees, residents and consumers in the special improvement district;
and
C.
That a special assessment shall be imposed and collected by the Borough
of Spring Lake with the regular property tax payment or payment in
lieu of taxes, and that such special assessment shall be transferred
to the District Management Corporation to exercise the powers given
it by this chapter and to effectuate the purposes of N.J.S.A. 40:56-65
et seq.;
D.
That it is in the best interests of the Borough of Spring Lake and
the public to create such special improvement district and to designate
such District Management Corporation, except that no District Management
Corporation shall be designated to receive any funds or to exercise
any powers unless the Board of Directors of that corporation shall
include at least one member of the Borough Council of the Borough
of Spring Lake.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Spring Lake, County of Monmouth, State of
New Jersey.
A district within the Borough of Spring Lake designated by
municipal ordinance pursuant to N.J.S.A. 40:56-71.2 and designed to
promote economic revitalization of the Borough through the encouragement
of business improvements within the Borough's downtown area.
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 a special assessment within
a special improvement district as authorized by this chapter.
An area within the Borough of Spring Lake designated by this
chapter as an area in which a special assessment on all property within
the district shall be imposed for the purposes of promoting the economic
and general welfare of the district and the Borough of Spring Lake.
There is hereby created and designated within the Borough of
Spring Lake a special improvement district pursuant to N.J.S.A. 40:56-65
et seq., which shall be known as the "Spring Lake Improvement District"
as more particularly described on Schedule A[1], attached hereto and made a part hereof. Schedule A may
be amended to correct errors and to include or exclude properties
which have changed in use thereby affecting their appropriateness
as part of the district.
[1]
Editor's Note: Schedule A is included as an attachment to
this Chapter.
All of the properties included in the Special Improvement District,
as described in this chapter, except for those exempted by this chapter,
shall be subject to having imposed thereon by the Borough a special
assessment tax for the purposes of promoting the economic and general
welfare of the district and the Borough. Such funds raised by the
tax assessments shall be spent on those purposes permitted by N.J.S.A.
40:56-65 et seq., and specified in the annual budget approved pursuant
to said statute and this chapter.
The Special Improvement District, as described on Schedule A,
shall be an area in which all of the property included therein, except
as hereinafter stated, shall have imposed a special assessment for
the purposes of promoting the economic and general welfare of the
district and the Borough of Spring Lake.
A.
The improvements and supplemental services in the special improvement
district will involve annual costs peculiar only to the Special Improvement
District and will be distinguished from improvements and services
normally provided by the Borough. While the 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 Borough for improvements and services now supplied to the proposed
Special Improvement District nor be grounds for curtailment of future
improvements and services planned.
B.
Property categories.
[Amended 2-29-2012 by Ord. No. 2012-004]
(1)
Properties within the Special Improvement District that are subject
to the special assessment shall be separated into three categories
as follows:
(a)
Special District 1: Properties that are completely within the
Borough's Retail Commercial (RC) District as designated on the Borough's
official Zoning Map.
(b)
Special District 2: Properties that are in any zone other than
the Borough's Retail Commercial District (GC, R1, R2, R3 or CS-SC)
as designated on the Borough's official Zoning Map that have commercial
retail or service uses.
(c)
Special District 3: Properties that operate as a "bed and breakfast"
as defined in N.J.A.C. 5:70-1.5.
(2)
The appropriate tax rate to be applied to each category of property
shall be calculated to generate the amount required to fund the budget
adopted per this chapter wherein the rate for properties in Special
District 2 shall be 50% of the rate for properties in Special District
1, and the rate for properties in Special District 3 shall be 40%
of the rate for properties in Special District 1.
(3)
The foregoing assessment shall be collected by the Borough as a special
assessment against the properties that are within the district as
defined in Schedule A per the above.
(4)
In the event any tax-exempt entity makes a payment in lieu of taxes
to the Borough of Spring Lake, said entity shall be subject to the
imposition of a special assessment.
The following properties are exempt from the special assessment
tax of this chapter:
A.
Property owned by a municipal, county, state, or federal government.
B.
Property used exclusively for a single-family residential purpose.
[Amended 2-29-2012 by Ord. No. 2012-004]
C.
Property that is unimproved, undeveloped, and in a residential zone.
D.
Exempt properties under the New Jersey real estate tax laws, including
public and parochial school property, church property, cemeteries,
exempt charity-owned property, and other such exempt property.
E.
Properties owned by nonprofit recreational, cultural or fraternal
organizations and used for the purpose.
By December 1 of each pre-tax year, a review of the assessment
list, per Schedule A attached, shall be done as follows:
A.
The Borough Tax Assessor shall prepare a list of all benefited and
assessable properties in the District. The list will include the block,
lot, location, mailing address, preliminary assessment, and the names
of the then-current owners of such properties, so far as names are
available.
B.
The assessment list, when so prepared, shall be filed in the office
of the Borough Clerk as required by law and be available there for
inspection.
C.
The Borough Council shall meet annually to consider including or
excluding certain properties from the district at least 10 days after
a notice of hearing has been published once in the official newspaper
and mailed to the named owners of all tracts, parcels and lots of
property proposed to be included or excluded from the list. The notice
shall set forth the time and place of meeting and set forth the purpose
of such meeting, but may refer to the assessment list for further
particulars.
D.
When the Borough Council shall have approved the amended assessment
list, the Borough Clerk shall forthwith certify a copy of the assessment
list, with such changes, if any, to the Spring Lake Borough Assessor
by no later than December 1 of the pre-tax year.
The entire Special Improvement District, as described on Schedule
A, shall also be designated as a downtown business improvement zone
pursuant to N.J.S.A. 40:56-71.2.
[Amended 2-29-12 by Ord. No. 2012-004]
Spring Lake Business Development Corporation, Inc., is hereby
designated the District Management Corporation which shall assist
the Borough of Spring Lake in promoting economic growth and development
within the Special Improvement District. Said District Management
Corporation is or will be incorporated pursuant to the provisions
of Title 15A of the New Jersey Statutes and is hereby designated as
eligible to receive the funds collected as special assessment within
the Special Improvement District. In addition, the District Management
Corporation shall:
A.
Have a Board of Directors consisting of 20 members chosen as follows:
(1)
A member of the Borough governing body, to be called the "Borough
Director";
(2)
Four persons who are owners of commercial real estate in the RC Zone,
or officials of a corporation or entity owning commercial real estate
in the RC Zone, to be called the "RC Zone Owner Directors";
(3)
Four persons who operate a retail business in the RC Zone, to be
called the "RC Zone Business Directors";
(4)
Two persons who operate a service or professional business within
the district, to be called the "Service Business Directors";
(5)
One person who owns commercial property or operates a retail, service
or professional business within the district but not in the RC Zone,
to be called the "General Business Director";
(6)
Two persons who operate a restaurant, food, or dining experience
business within the district, to be called the "Dining Directors";
(7)
Two unrelated residents of the district who are neither owners of
commercial property within the district nor owners or operators of
a business within the district, to be called the "Residential Directors";
(8)
One person who shall be an owner-resident of the Borough, the owner
of commercial property within the district or the operator of a business
or profession within the district, to be appointed by the Greater
Spring Lake Chamber of Commerce, to be called the "Chamber of Commerce
Director";
(9)
One person who shall be an owner-resident of the Borough, the owner
of a bed-and-breakfast within the district, to be appointed by the
Spring Lake Bed-and-Breakfast Association, to be called the "Bed-and-Breakfast
Director";
(10)
One person who shall be a member, trustee or employee of a cultural
organization that serves Spring Lake and is formally designated by
that organization as its representative, to be called the "Cultural
Director";
(11)
One person who shall be a member, trustee or employee of an
historic preservation organization that serves Spring Lake and is
formally designated by that organization as its representative, to
be called the "Preservation Director."
B.
(Reserved)
C.
Exercise the following powers:
(1)
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;
(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 or 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 and from governmental entities,
provided that the terms are specifically set forth in the annual budget;
(7)
Accept, purchase, rehabilitate, sell, lease or manage property in
the Special Improvement District;
(8)
Provide security, sanitation and other services to the Special Improvement
District supplemental to those provided normally by the Borough;
(9)
Undertake improvements designed to increase the safety or attractiveness
of the Special Improvement District to businesses which may wish to
locate there or to visitors to the Special Improvement 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
Section 2 of P.L. 1972, c. 134 (N.J.S.A. 40:56-66), pursuant to pertinent
regulations of the governing body;
(10)
Publicize the district and the businesses included within the district
boundaries;
(11)
Organize special events in the district, provided they are approved
in advance by the Borough Administrator or Borough Council;
(12)
Provide special parking arrangements, provided they are approved
in advance by the Borough Administrator or Borough Council;
(13)
Provide temporary decorative lighting in the district;
(14)
Fund the improvement of the exterior appearance of properties in
the district through grants or loans, provided that the terms are
specifically set forth in the annual budget;
(15)
Fund the rehabilitation of properties in the district;
(16)
Enforce the conditions of any loan, grant, sale or lease made by
the corporation;
(17)
Recruit new businesses to fill vacancies in, and to balance the business
mix of, the district;
(18)
Any and all other powers as may be authorized by Section 17 of P.L.
1984, c. 151, as amended by P.L. 2004, c. 180 (N.J.S.A. 40:56-83).
D.
The Spring Lake Business Development Corporation will file with the
Borough Clerk a certified copy of the adopted bylaws of the corporation,
which bylaws will be in substantial conformity with the draft bylaws
filed with the Clerk prior to the adoption of this chapter. The Spring
Lake Business Development Corporation will have the right to amend
these bylaws from time to time, provided that a certified copy of
the adopted amendments will be filed with the Clerk and provided any
amendment to such corporation governance items such as the composition,
term or election of the Board of Directors and any aspect of member
voting rights is approved in advance by the Borough Council.
A.
The District Management Corporation shall submit a detailed annual
budget for approval by resolution of the Borough Council of the Borough
of Spring Lake. The budget shall be submitted with a report which
explains how the budget contributes to goals and objectives for the
Special Improvement District.
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 Borough Council of the Borough of Spring Lake. The procedure
shall be as follows:
C.
The budget shall be introduced in writing at a meeting of the Borough
Council of the Borough of Spring Lake. 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 upon 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, the
time and place of the hearing. It shall be published at least 10 days
prior to the date fixed therefor in a newspaper circulating in the
Borough of Spring Lake.
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 not less
than 28 days after approval of the budget.
F.
The public hearing shall be held at the time and place specified
in the advertisement thereof, 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, if:
(1)
At least one week prior to the date of the hearing a complete copy
of the approved budget, as advertised:
(2)
The Borough Council shall, by resolution passed by no 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 Subsection F(1) have been met. After closing the hearing, the Borough Council may adopt the budget, by title without amendments, or may approve amendments as provided in Subsection G of this section before adoption.
G.
The Borough Council may amend the budget during or after the public
hearing. No amendment by the Borough 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 1% of the total amount as
stated in the approved budget; or
(2)
Increase or decrease any item by more than 10%; or
(3)
Increase the amount to be raised pursuant to Section 16 of P.L. 1972,
c. 134 (N.J.S.A. 40:56-80) by more than 5% unless the same is made
pursuant to an emergency temporary appropriation only. Notice of hearing
on an amendment shall be advertised at least three 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 and before adoption.
H.
Final adoption shall be by resolution, adopted by a majority of the
full membership of the Borough Council, and may be by title.
Concurrently with the introduction of this chapter and the submission
of a plan for the Special Improvement District, the District Management
Corporation shall cause an annual audit of its books, accounts and
financial transactions to be made and filed with the Borough Council
of the Borough of Spring Lake, and for that purpose the corporation
shall employ a certified public accountant 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,
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 days of the filing of the audit with
the Borough Council of the Borough of Spring Lake.
The District Management Corporation shall, within 30 days of
the close of each fiscal year, make an annual report of its activities
for the preceding fiscal year to the Borough Council of the Borough
of Spring Lake.
The annual costs of operating, maintaining and improving the
Special Improvement District shall be reported to the governing body,
assessed, collected and appropriated as provided in N.J.S.A. 40:56-80.
Notwithstanding the creation of the Special Improvement District,
the Borough expressly retains all its police powers and other rights
and powers and authority over the area designated as the Special Improvement
District.
Nothing contained herein shall prevent the Council at any time
subsequent to the adoption of this chapter by ordinance from abandoning
the operation of the Special Improvement District, changing the extent
of the Special Improvement District, supplementing or amending the
description of the district to be specially assessed or taxed for
annual costs of the Special Improvement District, changing or repealing
any plan, rules, requisitions or limitations adopted for the operation
of the Special Improvement District or rescinding the designation
of or redesignating a District Management Corporation.
