[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 6-4-2003 by Ord. No. 7-2003. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning and land development — See Ch. 94.
As used in this chapter, the following terms shall have the
meanings indicated:
The Washington Borough Business Improvement District Management
Corporation (also referred to as "management corporation"), an entity
to be incorporated pursuant to Title 15A of the New Jersey Statutes
and designated by municipal ordinance to receive funds collected by
a special assessment within the special improvement district as authorized
by this chapter and any amendatory supplemental ordinances.
An area (sometimes also referred to as "the district") within
the Washington Borough 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 and the municipality.
Pursuant to N.J.S.A. 40:56-65 et seq. ("the Act"), and in particular
N.J.S.A. 40:56-68, the governing body of the Borough of Washington
hereby determines the following:
A.
That the areas within Washington Borough that are described by block
and lot and by street address as set forth in Schedules A1 and A2[1] of this chapter, and the property owners, tenants and
inhabitants therein benefit from being designated as a special improvement
district and will benefit the whole of Washington Borough, with the
exception of the following properties that will not be assessed members
of the special improvement district:
(1)
Any property owned and operated by the municipal, county and state
governments; and
(2)
One hundred percent of residential structures three units or under.
[1]
Editor's Note: Schedules A1 and A2 are on file in the
Borough offices.
B.
That a district management corporation would provide administrative
and other services to benefit the businesses, employees, residents
and consumers in Washington Borough, the Washington Borough Special
Improvement District, and will also assist the Borough of Washington
in promoting economic growth and employment;
C.
That a special assessment may be imposed and collected by the Borough
of Washington either with the regular property tax payment (or payment
in lieu of taxes) or otherwise on properties located within the Borough's
limits and that these payments shall be transferred to the District
Management Corporation to effectuate the purpose of this chapter and
to exercise the powers given to it pursuant to this chapter;
D.
That it is in the best interests of the Borough of Washington and
its inhabitants to create a special improvement district and to designate
a nonprofit district management corporation in the special improvement
district; and
E.
That the business community should be encouraged to provide self-help
and self-financing programs to meet local, needs, goals and objectives
and should be encouraged to supplement any of the authorized services
and improvements through formation of an independent district management
corporation formed under Title 15A of the New Jersey Statutes.
A.
There is hereby created and designated within the Borough of Washington
a special improvement district authorized pursuant to N.J.S.A. 40:56-65
et seq., to be known as the "Washington Borough Special Improvement
District" ("District") and is hereby established consisting of the
properties designated and listed on Schedules A1 and A2, annexed hereto,[1] by tax block and lot numbers and street addresses. The
special improvement district will be governed by a district management
corporation as minimally defined in Schedule B annexed hereto by category.[2]
B.
Schedules A1 and A2 of this chapter may be amended by ordinance to
add and delete particular properties which have a change in use affecting
the appropriateness of including them as part of the special improvement
district. Any change in the classes of properties to be considered
part of the special improvement district will require an ordinance.
All costs of improvements and maintenance, other than the costs
of improvements and maintenance ordinarily incurred by the Borough
of Washington out of general funds, shall be determined and approved
pursuant to N.J.S.A. 40:56-80 or 40:56-85, as determined by the District
Management Corporation. The formula for the assessment is as follows:
each property's current assessed value, as determined by the
Borough of Washington Tax Assessor for real estate tax purposes, will
be multiplied by the appropriate factored amount to sustain the approved
annual budget to determine the amount of the special improvement district
assessment. The foregoing assessment shall be collected as a special
assessment against the properties that are within the district as
defined in Schedules A1 and A2.[1]
[1]
Editor's Note: Schedules A1 and A2 are on file in the
Borough offices.
A.
The governing body of the Borough of Washington hereby designates
the Washington Borough Business Improvement District Management Corporation
("District Management Corporation"), a nonprofit corporation, as the
district management corporation for the district. The Board of Directors
of the District Management Corporation shall include at least one
member of the governing body.
B.
The District Management Corporation, in addition to acting as an
advisory board to the governing body, shall also have all powers necessary
and requisite to effectuate the purposes of this chapter, including
but not limited to:
(1)
Adoption of bylaws for the regulation of its affairs and the conduct
of its business and prescribe rules, regulations and policies for
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 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
contract with any person, firm, corporation, government agency or
entity;
(5)
Administer and manage its own funds and accounts and pay its own
obligations;
(6)
Borrow money from private lenders and government entities;
[Amended 7-1-2008 by Ord. No. 6-2008]
(7)
Fund the improvement of exterior appearance of properties in the
district through grants and loans;
(8)
Fund rehabilitation of properties in the district;
(9)
Accept, purchase, rehabilitate, sell, lease or manage property in
the district;
(10)
Enforce the conditions of any loan, grant, sale or lease made by
the Corporation;
(11)
Provide security, sanitation and other services in the district,
supplemental to those normally supplied by the Borough of Washington;
(12)
Undertake improvements designed to increase safety, attractiveness
of the district to businesses which may locate there or visitors to
the district, including but not limited to parking, litter cleanup
and control, landscaping, signage, and those improvements generally
permitted for pedestrian malls under N.J.S.A. 40:56-66 pursuant to
pertinent regulations of the governing body;
(13)
Publicize, promote and plan for the district and the businesses included
within the district boundaries.
(14)
Recruit new businesses to fill vacancies in, and to balance the business
mix of, the district;
(15)
Organize special events in the district;
(17)
Provide temporary decorative lighting in the district; and
(18)
Effectuate the purposes and intents of N.J.S.A. 40:56-66, as amended.
C.
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 employees are treated during employment without regard to their
age, race, creed, national origin, ancestry, marital status or sex.
D.
Upon further written agreement, the Borough of Washington may delegate
to the District Management Corporation the contracting of work to
be done on any street, or on other municipal property, included in
the special 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.
A.
The District Management Corporation shall submit a detailed business
plan and budget for the upcoming year, no later than November 1 of
the current fiscal year starting the year after this chapter is adopted,
for the approval by resolution of the governing body, 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 special improvement district.
B.
The fiscal year of the District Management Corporation shall be January
1 to December 31.
The District Management Corporation shall also cause an audit
of its books, accounts and financial transactions to be made and filed
with the governing body by a certified public accountant. This audit
shall be completed and filed with the governing body within four months
after the close of the fiscal year of the Corporation. A certified
duplicate copy of the audit shall be filed with the County of Warren
Tax Assessor and Director of the Division of Local Government Services
in the State of New Jersey Department of Community Affairs within
five days of the filing of the audit with the governing body.
The District Management Corporation shall submit an annual report
to the governing body pursuant to N.J.S.A. 40:56-80 within 60 days
of the close of the fiscal year. This report shall consist of a narrative
covering the previous year's operation and detailed financial
statements.
Notwithstanding the creation of the special improvement district,
the Borough of Washington expressly retains all its powers and authority
over the area designated as the Washington Borough Special Improvement
District.
