[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Planning and development regulations — See Ch. 490.
[Adopted by Ord. No. 1991-6 (Secs. 23-1 through 23-12 of the 1987 Revised General Ordinances)]
[Amended by Ord. No. 1991-18; Ord. No. 1994-17; Ord. No. 1997-18; 2-12-2007 by Ord. No. 2007-4]
As used in this article, the following terms shall have the
meanings indicated:
Special Improvement District of Red Bank, New Jersey, Inc.,
d/b/a Red Bank RiverCenter (also referred to as "Management Corporation"),
an entity 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 article and any amendatory supplementary ordinances.
The properties identified by block and lot number and street
address in Exhibit A to Ordinance No. 2007-4, as amended by Exhibit
A to Ordinance No. 2018-07.[1]
[Amended 3-28-2018 by Ord. No. 2018-07]
The properties identified by block and lot number and street
address on Schedule A to Ordinance No. 1994-17, as amended by Exhibit
A to Ordinance No. 2018-07.[2]
[Amended 3-28-2018 by Ord. No. 2018-07]
An area within the Borough of Red Bank designated by this
article 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. The Special
Improvement District includes the expanded district properties.
[1]
Editor's Note: Exhibit A, Special Improvement District - Expanded District Properties, is included as an attachment to this chapter.
[2]
Editor's Note: Schedule A, Special Improvement District - Original District Properties, is included as an attachment to this chapter.
[Amended by Ord. No. 1991-18; Ord. No. 1994-17; Ord. No. 1997-18; 2-12-2007 by Ord. No. 2007-4]
The Mayor and Council find and declare:
A.
That the Expanded District Properties, as identified by block and
lot number and street address in Exhibit A to Ordinance No. 2007-4,
as amended by Exhibit A to Ordinance No. 2018-07,[1] will benefit from being included within the Special Improvement
District;
[Amended 3-28-2018 by Ord. No. 2018-07]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
That the District Management Corporation will provide administrative,
management and other services to benefit the businesses, employees,
residents and consumers in the Original District Properties and the
Expanded District Properties;
[Amended 3-28-2018 by Ord. No. 2018-07]
C.
That a special assessment shall be imposed and collected by the Borough
with the regular property tax payment or payment in lieu of taxes
or otherwise, and that all or a portion of these payments shall be
transmitted to the District Management Corporation to effectuate the
purposes of this article and to exercise the powers granted to it
pursuant to this article;
D.
That it is in the best interests of the Borough to expand the Special
Improvement District to include the Expanded District Properties and
designate the District Management Corporation to administer the District,
inclusive of the Original District Properties and the Expanded District
Properties;
[Amended 3-28-2018 by Ord. No. 2018-07]
E.
That the business community should be encouraged to provide self-help
and self-financing programs to meet local business needs, goals and
objectives.
[Amended by Ord. No. 1991-18; Ord. No. 1994-17; Ord. No. 1997-18]
A.
There is hereby created and designated within the Borough of Red
Bank a Special Improvement District, to be known as the "Red Bank
Special Improvement District," consisting of the properties designated
and listed on Schedule A by tax lot and block number and street addresses,
as amended by Exhibit A to Ordinance No. 2018-07, including the expanded
district properties as set forth and identified by block and lot number
and street address in Exhibit A of Ordinance No. 2007-4, as amended
by Exhibit A to Ordinance No. 2018-07.[1] The Special Improvement District shall be subject to special
assessments on all affected property within the District, which assessment
shall be imposed by the Borough of Red Bank for the purposes of promoting
the economic and general welfare of the District and the municipality.
[Amended 2-12-2007 by Ord. No. 2007-4; 3-28-2018 by Ord. No. 2018-07]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
All business properties within the Special Improvement District,
including all private, nonresidential assessed properties, are deemed
included in the assessing and taxing provisions of this article and
are expressly subject to potential tax or assessment made for Special
Improvement District purposes.
C.
All properties within the Special Improvement District that are tax-exempt
or are used exclusively for residential purposes are deemed excluded
from the assessing or taxing provisions of this chapter and are expressly
exempt from any tax or assessment made for Special Improvement District
purposes. The tax-exempt and residential properties that shall be
accordingly exempt from any tax or assessment for special improvement
district purposes are specifically identified in Schedule A to Ordinance
No. 1994-17, as amended by Exhibit A to Ordinance No. 2018-07, and
in Exhibit A to Ordinance No. 2007-4, as amended by Exhibit A to Ordinance
No. 2018-07, as "Tax-Exempt Properties" and "Residential Properties."[2]
[Amended 2-12-2007 by Ord. No. 2007-4; 3-28-2018 by Ord. No. 2018-07]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D.
All properties within the Special Improvement District that are of
a mixed use, and where the residential use is equal to 75% or more
of the fair market value of the property as determined by the Borough
Assessor, are deemed excluded from the assessing or taxing provisions
of this chapter and are expressly exempt from any tax or assessment
made for Special Improvement District purposes.
E.
The status of the properties identified in Schedule A to Ordinance
No. 1994-17, as amended by Exhibit A to Ordinance No. 2018-07, and
in Exhibit A to Ordinance No. 2007-4, as amended by Exhibit A to Ordinance
No. 2018-07, [3] as "Tax-Exempt Properties" and "Residential Properties"
are based upon the current uses for such properties. In the event
that any residential property use shall change to a commercial use,
or any tax-exempt property shall become subject to taxation and used
for commercial purposes, such property will be subject to the assessment
pursuant to Ordinance No. 2007-4 and Ordinance No. 1994-17 and Ordinance
No. 2018-07. Should any commercial property currently subject to assessment
pursuant to Ordinance No. 2007-4 and Ordinance No. 1994-17 and Ordinance
No. 2018-07 change its legal use from commercial to residential, or
should any such property become legally tax-exempt, such property
shall no longer be subject to assessment hereunder.
[Added 2-12-2007 by Ord. No. 2007-4; amended 3-28-2018 by Ord. No. 2018-07]
[3]
Editor's Note: Exhibit A is included as an attachment to this chapter.
[Amended by Ord. No. 1991-18; Ord. No. 1994-17; Ord. No. 1997-18; 2-12-2007 by Ord. No. 2007-4; 3-28-2018 by Ord. No. 2018-07]
Any owner of property included within the Special Improvement
District, including the properties identified in Schedule A to Ordinance
No. 1994-17, as amended by Exhibit A to Ordinance No. 2018-07, and
the expanded district properties set forth in Exhibit A of Ordinance
No. 2007-4, as amended by Exhibit A to Ordinance No. 2018-07,[1] and subject to the assessing and taxing provisions of this article, may appeal to the Tax Assessor of the Borough of Red Bank requesting to be excluded from the District and from any assessment and taxing provisions of this chapter. This appeal is only as to whether or not a property should be included within the District under the standards set forth in § 596-3 of this article. It is not an appeal with regard to any taxes. Appeals with regard to taxes should be taken in the usual manner to the Monmouth County Board of Taxation or to the Tax Court. This appeal seeking exclusion from the District and any assessment and taxing provisions of this article shall be in writing and specifically detail the factual basis for the appeal. The Assessor shall investigate the matter and conduct an informal hearing or conference within 30 days of receipt of the appeal. Within 10 days after the conclusion of the informal hearing or conference, the Assessor shall file a report and recommendation with the governing body. The governing body shall review the matter and act within 30 days upon receipt of the report and recommendation from the Assessor.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
[Amended by Ord. No. 1991-18; Ord. No. 1994-17; Ord. No. 1997-18; 2-12-2007 by Ord. No. 2007-4; 3-28-2018 by Ord. No. 2018-07]
A.
Operation and maintenance of District. Annual operation and maintenance
costs relating to services peculiar to the District, including the
properties identified in Schedule A to Ordinance No. 1994-17, as amended
by Exhibit A to Ordinance No. 2018-07, and the expanded district properties
set forth in Exhibit A to Ordinance No. 2007-4, as amended by Exhibit
A to Ordinance No. 2018-07,[1] as distinguished from services normally provided by the
Borough, will provide benefits primarily to the properties included
within the District rather than to the Borough as an entirety. These
annual costs shall be assessed and taxed to the benefited properties
pursuant to the provisions of this chapter and N.J.S.A. 40:56-65 et
seq.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
Development, construction or acquisition costs. All costs of development,
construction and acquisition relating to improvements to the District,
including the properties identified in Schedule A to Ordinance No.
1994-17, as amended by Exhibit A to Ordinance No. 2018-07, and the
expanded district properties set forth in Exhibit A to Ordinance No.
2007-4, as amended by Exhibit A to Ordinance No. 2018-07,[2] shall be financed and assessed to properties especially
benefited thereby. The Borough 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
taxed to the benefited properties.
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
[Amended by Ord. No. 1991-18; Ord. No. 1994-17; Ord. No. 1997-18; 2-12-2007 by Ord. No. 2007-4]
The nonprofit corporation, Special Improvement District of Red
Bank, Inc., d/b/a/ Red Bank RiverCenter, is hereby designated as the
District Management Corporation for the District. This Management
Corporation shall conduct its business in accordance with the Open
Public Meetings Law.[1] This Corporation shall have no power of condemnation or
eminent domain. It shall regularly file copies of the minutes of its
meetings with the Borough Clerk so the minutes shall be conveniently
available to the public for inspection.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
[Amended by Ord. No. 1991-18; Ord. No. 1992-1; Ord. No. 1994-17; Ord. No. 1997-18; Ord. No. 2003-8]
The District Management Corporation, in addition to acting as
an advisory board to the Mayor and Council, shall have all powers
and responsibilities necessary and requisite to effectuate the purposes
of this article and the District, including, but not limited to:
A.
Bylaws; Board of Directors.
[Amended 2-12-2007 by Ord. No. 2007-4; 9-28-2016 by Ord. No. 2016-19; 3-24-2021 by Ord. No. 2021-08]
(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; these bylaws shall
be submitted to the Mayor and Council for approval and may not thereafter
be modified without the approval of the Mayor and Council, and the
bylaws and other corporate documents shall provide that the Corporation
shall conduct its business in accordance with the Open Public Meetings
Law,[1] shall conduct regular meetings and that the Board of Directors
shall consist of 28 members. As to the membership of the Board of
Directors, it shall include a resident designated by the Mayor; a
member of the Borough governing body selected by the Borough Council;
and two residents of the Borough, who shall not be owners or occupants
of commercial property within the District, to be selected by the
Borough Council. All of these appointments shall serve for one-year
terms and until their successors are appointed and qualify.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(2)
Additionally, the Board of Directors shall consist of one member
appointed by each of the following bodies, subject to majority confirmation
by the other 26 members of the Board of Directors (in case of a tie,
the Mayor shall cast the deciding vote):
(3)
The members appointed by these bodies shall serve one-year terms
and until their successors are appointed and qualify. Not less than
11 of the remaining 22 members of the Board of Directors shall consist
of owners (in whole or in part, whether as individuals or members
of a limited-liability company or shareholders of a corporation or
other entity) of commercial real estate located within the District,
including the expanded district properties. The remainder shall be
either owners or employees engaged in the management of businesses
located within the District and/or the Business Administrator of the
Borough and/or up to three at-large members. The existing Board shall
continue to carry on the duties of the nonprofit corporation and hereafter
members shall be, in accordance with the bylaws, elected to the Board
of Directors by owners and/or occupants of property included within
the District. Any vacancies with regard to these elected members shall
be filled by a majority of the Board members for the balance of the
term.
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 the 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 own
obligations;
F.
Borrow money from private lenders and from governmental entities;
[Amended 2-12-2007 by Ord. No. 2007-4]
G.
Fund the improvement for the exterior appearance of properties in
the District through grants or loans. Standards for eligibility and
for terms of such grants and loans shall be established by the Board
of Directors.
H.
Fund the rehabilitation of properties in the District through grants
or loans. Standards for eligibility and for terms of such grants and
loans shall be established by the Board of Directors.
I.
Accept, purchase, rehabilitate, sell, lease or manage property in
the District;
J.
Enforce the conditions of any loan, grant, sale or lease made by
the corporation;
K.
Provide security, sanitation and other services to the District,
supplemental to those provided normally by the municipality;
L.
Undertake improvements designated 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, pursuant to pertinent regulations of
the Borough of Red Bank;
M.
Publicize the District and the businesses included within the District
boundaries;
N.
Recruit new businesses to fill vacancies in, and to balance the business
mix of, the District;
O.
Organize special events in the District;
P.
Provide special parking arrangements for the District; and
Q.
Provide temporary decorative lighting in the District.
[Amended by Ord. No. 1991-18; Ord. No. 1994-17; Ord. No. 1997-18]
A.
The fiscal year of the District and of the Management Corporation
shall be the calendar year. The current budget has been approved by
the Mayor and Council. Hereafter, 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 Council.
The budget shall be processed and adopted by the Borough 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 goals and objectives for the Special Improvement
District. The budget shall be reasonably itemized, including any different
tax rate or different tax tier for various properties within the District,
and shall include a summary of the categories of cost properly chargeable
as follows:
(1)
The amount of such costs to be charged against the general funds
of the municipality, if any.
(2)
The amount of costs to be charged and assessed against properties
benefited in the District, including the properties identified in
Schedule A to Ordinance No. 1994-17, as amended by Exhibit A to Ordinance
No. 2018-07, and the expanded district properties set forth in Exhibit
A, to Ordinance No. 2007-4, as amended by Exhibit A to Ordinance No.
2018-07,[1] in proportion to benefits which shall be the aggregate
of costs of annual improvements to be made in the District during
the ensuing year;
[Amended 2-12-2007 by Ord. No. 2007-4; 3-28-2018 by Ord. No. 2018-07]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
(3)
The amount of costs, if any, to be specially taxed against properties
in the District, including the properties identified in Schedule A
to Ordinance No. 1994-17, as amended by Exhibit A to Ordinance No.
2018-07, and the expanded district properties set forth in Exhibit
A to Ordinance No. 2007-4, as amended by Exhibit A to Ordinance No.
2018-07.[2]
[Amended 2-12-2007 by Ord. No. 2007-4; 3-28-2018 by Ord. No. 2018-07]
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
Each year, when the Mayor and 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,
including expanded district properties. Descriptions of such properties,
and the names of the then-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 Municipal Clerk and be there available for inspection.
The Mayor and 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 mailed
to the named owners of all tracts, parcels and lots of property proposed
to be assessed. 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
roll for further particulars. When the governing body shall have approved
the amounts of the special assessments set forth therein, or as may
be changed by it, the Municipal Clerk shall forthwith certify a copy
of the assessment roll, with such changes, if any, to the Monmouth
County Tax Board.
[Amended 2-12-2007 by Ord. No. 2007-4]
D.
For the purpose of this section, "annual improvements" shall mean
and include any reconstruction, replacement or repair of trees and
plantings and other facilities of the Special Improvement District
and the furnishing of any other local improvement which benefits properties
within the District, including expanded district properties. For the
purpose of this chapter, "costs" shall, with respect to annual improvements
to and operation and maintenance of the Special Improvement District,
mean costs of annual improvements; and all other costs, including
planning costs, incurred or to be incurred in connection with annual
improvements to and operation and maintenance of the District.
[Amended 2-12-2007 by Ord. No. 2007-4]
E.
Moneys appropriated and collected on account of annual improvement
costs, and costs of operating and maintaining a Special Improvement
District, shall be credited to a special account. The Mayor and Council
may incur the annual costs of improving, operating and maintaining
a Special Improvement District, during any fiscal year, though not
specifically provided for by line item or other category in an approved
estimate for such fiscal year, if in its discretion it shall be deemed
necessary to provide for such annual improvements or operation 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 towards the financial requirements of the succeeding year.
F.
The Mayor and Council shall pay over funds to the Management Corporation
quarterly on the first day of March, June, September and December
of each year.
[Amended by Ord. No. 1991-18; Ord. No. 1994-17; Ord. No. 1997-18]
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 Council, 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 Mayor and Council.
[Amended by Ord. No. 1991-18; Ord. No. 1994-17; Ord. No. 1997-18]
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 Clerk of the Borough.
[Amended by Ord. No. 1991-18; Ord. No. 1994-17; Ord. No. 1997-18]
Notwithstanding the creation of a Special Improvement District,
the Borough of Red Bank expressly retains all its powers and authority
over the area designated as within the Special Improvement District.
No improvements or modifications shall be made to any public property
without the prior formal approval of the Borough governing body.
[Amended by Ord. No. 1997-18]
This article reenacts in its entirety the ordinance entitled
"An Ordinance Creating a Special Improvement District Within the Borough
of Red Bank and Designating a District Management Corporation," as
heretofore adopted, amended and supplemented.
[Adopted by Ord. No. 1999-11 (Sec. 23-20 of the 1987 Revised General Ordinances)]
A.
The Borough of Red Bank has heretofore established a Special Improvement
District pursuant to N.J.S.A. 40:56-65 et seq., which Special Improvement
District is commonly known as "RiverCenter."
B.
Pursuant to Chapter 115 of the Public Laws of 1998, effective December
27, 1998, the State has authorized municipalities to designate, in
whole or in part, areas of the Special Improvement District as business
improvement zones toward the end of promoting economic revitalization
and encouraging business improvements within the downtown area.
C.
The legislation authorizing such improvements includes the powers,
among other things, to acquire through condemnation or otherwise,
land or other property with all the necessary powers incidental to
the acquisition as well as the power to rehabilitate, redevelop, renovate,
reconstruct, demolish or install buildings, roadways, parking and
other public facilities and improvements other than buildings and
facilities for the general conduct of government and schools.
D.
The legislation appropriated $5,000,000 to fund the loan program
to assist in undertaking public improvements in business improvement
zones.
E.
Under this legislation, both the Borough and RiverCenter, as the
Special Improvement District Management Corporation, may submit loan
applications to the Department of Community Affairs to borrow monies
from the fund, subject to the rules and regulations promulgated by
the Commissioner of Community Affairs to undertake public improvements
within the zone.
F.
RiverCenter has urged the Mayor and Council to adopt an ordinance
creating the Downtown Business Improvement Zone to cover the entire
area within this Special Improvement District of the Borough of Red
Bank.
G.
It is the belief of the governing body that the creation of a Downtown
Business Improvement Zone will:
(1)
Promote
economic growth and employment within the Borough and in particular
within the Special Improvement District;
(2)
Foster
and encourage self-help programs to enhance local business climate;
and
(3)
Authorize,
permit and facilitate the Borough of Red Bank Special Improvement
District and the designated District Management Corporation (RiverCenter)
to apply to and accept funds or loans from the Department of Community
Affairs for public improvements as contemplated by law.
There is hereby created and established pursuant to Chapter
115, P.L. 1998, a Business Improvement Zone located within the Special
Improvement District of the Borough of Red Bank. This zone is designated
to be the entire area within this Special Improvement District of
the Borough of Red Bank.
