[HISTORY: Adopted by the Township Committee of the Township
of Harrison 12-21-2020 by Ord. No. 29-2020. Amendments noted where applicable.]
There is hereby created and designated within the Township of
Harrison, the "Route 322 Residential Special Improvement District"
(the "Residential SID") hereinafter designated by street address and
tax lot and block number set forth in Appendix A.[1] The Residential SID shall be subject to a special assessment
of all property within the Residential SID, which shall be imposed
by the Township of Harrison for the sole purpose of permitting capital
improvement projects to be undertaken for the benefit of the Residential
SID and the Township.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
All costs of improvements and maintenance, other than the costs
of improvements and maintenance ordinarily incurred by the Township
out of general funds, shall be determined and approved pursuant to
N.J.S.A. 40:56-80 or N.J.S.A. 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
Township Tax Assessor for real estate purposes, will be multiplied
by the appropriate amount to sustain the approved annual budget to
determine the amount of the special district assessment. The amount
of the assessment under this chapter shall equal the difference between
taxes paid by a property owner under any applicable tax abatement
program and the total of taxes otherwise due if no abatement were
granted. In no event will the assessment under this chapter cause
the Township to collect in excess of the amount otherwise due from
a property owner as if regular taxes were being charged, without benefit
of any applicable abatement program. The foregoing assessment shall
be collected as a special assessment against the properties.
A.
The district management corporation shall submit an annual report
to the Township Committee pursuant to N.J.S.A. 40:56-80 within 30
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.
B.
The district will determine its own budget and submit a budget as
its portion of the district management corporation budget to the district
management corporation by no later than May 1st of the current fiscal
year.
C.
The district management corporation shall submit a detailed business
plan and budget for the upcoming year, no later than July 1 of the
current fiscal year, for the approval by resolution of Township Committee
pursuant to the provision 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.
D.
The fiscal year of the district and the management corporation shall
be January 1st to December 31st.
E.
The district management corporation shall also cause an audit of
its books, accounts and financial transactions to be made and filed
with the Township Committee. This audit shall be completed and filed
with the Township Committee within four months after the close of
the fiscal year. A certified duplicate copy of the audit shall be
filed with the 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 Township Committee.
A.
The Township Committee of the Township of Harrison hereby authorizes
an advisory board for each district to advise the district management
corporation in connection with the acquisition and construction of
improvements, as the case may be, the making of a plan therefor and
the operation and maintenance thereof and to meet and furnish recommendations
or comments and requests of members of the public and of owners and
occupants of property included in the district, as the case may be.
B.
The Residential SID Advisory Board shall be composed of the following
members initially appointed by the Mayor and approved by the Committee
of the Township of Harrison and thereafter according to the by-laws
of the district:
(1)
The Mayor of the Township of Harrison or his/her designee;
(2)
One elected official of the Township Committee appointed by the Township
Committee;
(3)
Two members selected by the individual or entity which owns the real
property on Block 64, Lot 2 on the Official Tax Map of the Township
of Harrison and is located within the Residential SID;
(4)
One member selected by the individual or entity which owns the real
property on Block 64, Lot 14 on the Official Tax Map of the Township
of Harrison and is located within the Residential SID; and
(5)
Two members selected by the individual or entity which owns the real
property on Block 64, Lot 21 on the Official Tax Map of the Township
of Harrison and is located within the Residential SID.
C.
Upon designation of a district management corporation, in the case
of a special improvement district, the corporation shall exercise
the functions of an advisory board, and any other advisory board shall
cease to function.
The Township Committee of the Township of Harrison hereby designates
Mullica Hill Infrastructure Partners, Inc. ("district management corporation"),
which shall be a nonprofit corporation dedicated to the management
of the District and any other special improvement districts which
shall hereafter be formed.
A.
The district management corporation shall be governed by a Board
of Trustees (the "Board") consisting of at least three members but
not more than seven voting members appointed by the Township Committee
as follows:
(1)
The initial Board shall be composed of the three Trustees appointed
under the articles of incorporation forming the district management
corporation and thereafter according to the bylaws of the district
management corporation.
B.
The officers (President, Vice President/Secretary; and Treasurer)
of the corporation will be elected by a majority vote of the Board
from among the members of the Board.
C.
The appointment of members to the Board shall initially be as follows:
one member for a ten-year term; one member for an eleven-year term;
and one member for a twelve-year term. Thereafter, appointments will
be for a three-year term. Terms shall expire on December 31.
D.
The Chairman of the Board shall be the duly appointed President.
E.
Vacancies on the Board shall be appointed at the sole discretion
of the Board by a majority vote of those then in office at a Regular
or Special Meeting and shall be filled for the remainder of the unexpired
term.
F.
The district management corporation, in addition to acting as an
advisory board to the Township Committee shall have all powers necessary
and requisite to effectuate the purposes of this ordinance, including
but not limited to:
(1)
Adopt 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 entities for periods not to exceed
180 days and from governmental agencies for that or longer periods;
(7)
Provide security, sanitation, and other services in the districts,
supplemental to those normally supplied by the Township;
(8)
Undertake improvements designed to increase the safety, general welfare,
and attractiveness of the districts to current residents or those
who may wish to relocate there or visitors to the districts, including,
but not limited to, litter clean-up and control, landscaping, signage,
and those improvements generally permitted for special improvement
districts under N.J.S.A. 40:56-66 pursuant to pertinent regulations
of the Township Committee.
(9)
Undertake capital improvement projects designed to benefit the district(s),
which shall include, but are not limited to, improvements set forth
under N.J.S.A. 40:56-66(a).
Notwithstanding the creation of the special improvement district,
the Township of Harrison expressly retains all its powers and authority
over the area designated as within the Route 322 Residential Special
Improvement District.
This chapter obligates each district to satisfy all debts, loans
and financial liabilities incurred by the corporation. The districts
and the district management corporation may not borrow an amount that
exceeds the ability of the approved budget for that fiscal year to
pay the amount required by the instruments executed at the time the
debt is incurred. The charter of the Residential SID and each subsequently
formed district will include a clause incorporating the aforementioned.
If any provision of this chapter or part thereof shall be declared
to be invalid or inoperative, such section to the extent it is not
invalid or inoperative shall not be effectuated thereby and should
be enforced and effectuated.
This chapter shall take effect upon introduction, passage, approval
and publication as required by law.
All other ordinances in conflict or inconsistent with this chapter
are hereby repealed, to the extent of such conflict or inconsistency.
In the event of any inconsistencies between the provisions of this
chapter and any prior ordinance of the Township, the provisions hereof
shall be determined to govern. All other parts, portions and provisions
of the ordinances of the Township are hereby ratified and confirmed,
except where inconsistent with the terms hereof.
